IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2209 of 2006(A)
1. KERALA AGRICULTURAL UNIVERSITY,
... Petitioner
2. THE VICE CHANCELLOR,
Vs
1. CHETTY K.V., SELECTION GRADE PEON,
... Respondent
2. M.B.CHANDRAN, CLASS-IV EMPLOYEE,
3. A.K.SHYLAN, CLASS-IV EMPLOYEE,
4. N.T.FRANCIS, BUS ATTENDENT GRADE II,
5. C.GOVINDAN, BUS ATTENDENT GRADE-II,
6. M.K.SIVARAMAN,
7. M.SOLOMAN, BUS ATTENDANT GRADE II,
8. P.M.OUSEPH, BUS ATTENDANT GRADE II,
9. ANILKUMAR P.B., BUS ATTENDENT GRADE II,
10. S.SASI, BUS ATTENDANT GRADE II,
For Petitioner :SRI.N.D.PREMACHANDRAN, SC, AGRL.UNTY.
For Respondent :SRI.S.P.ARAVINDAKSHAN PILLAY
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :04/06/2009
O R D E R
S.R.Bannurmath, C.J. & Kurian Joseph, J.
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W.A.No.2209 of 2006,
W.A.No.2223 of 2006 &
W.A.No.829 of 2007
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Dated, this the 4th day of June, 2009
JUDGMENT
Kurian Joseph, J.
The issue raised in these writ appeals pertains to the
selection and appointment to the post of Bus Attendant Grade II
under the Kerala Agricultural University. In the nature of the view
we propose to take in these cases, it may not be necessary to go in
detail to the facts.
2. The writ petitioners approached this Court when the
selection was allegedly made taking into consideration extraneous
factors. The main allegation was that the selection was based on
also qualifications which are not prescribed for the selection. The
learned Single Judge set aside the selection and directed to conduct
W.A.No.2209/2006, etc.
– 2 –
a fresh selection. The selection pertains to the year 2003.
3. It is brought to our notice that many of the selected
persons have already retired from service. However, we find that
some of the petitioners in the writ petitions are even now eligible
for consideration in the event of a fresh selection being conducted.
In the above circumstances, we dispose of these writ appeals with
the following directions:
The Kerala Agricultural University shall conduct a
fresh selection strictly complying with the prescribed qualifications
and method of selection in respect of the vacancies available as of
now within a period of three months from today. Till such
selection is completed, the persons presently engaged as per the
previous selection shall be continued. Persons who have already
retired from service shall be deemed to have been duly appointed
to the respective posts. We make it clear that the persons who
W.A.No.2209/2006, etc.
– 3 –
have been selected as per the impugned proceedings will also be
entitled to participate in the fresh selection process. If there is any
other grievance, it will be open to the parties to file appropriate
representation before the Vice Chancellor of the University, in
which case the matter will be considered by the said authority in
accordance with law.
Sd/-
S.R.Bannurmath,
Chief Justice
Sd/-
Kurian Joseph,
Judge
vns