High Court Kerala High Court

Principal vs State Of Kerala on 11 March, 2009

Kerala High Court
Principal vs State Of Kerala on 11 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33376 of 2008(W)


1. PRINCIPAL,BISHOP MOORE COLLEGE
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

2. THE DIRECTOR OF COLLEGIATE EDUCATION

4. THE REGISTRAR

3. THE DEPUTY DIRECTOR OF COLLEGIATE

                For Petitioner  :SRI.SANTHOSH MATHEW

                For Respondent  :SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY.

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :11/03/2009

 O R D E R
                              P.N.Ravindran, J.
                          ==================
                        W.P.(C) No.33376 of 2008
                       =====================

                Dated this the 11th day of March, 2009.

                                JUDGMENT

Heard Sri. Santhosh Mathew, the learned counsel appearing for the

petitioner, Smt. T.B. Remani, the learned Government Pleader appearing

for respondents 1 to 3 and Sri. M.Rajagopalan Nair, the learned standing

counsel appearing for the Kerala University.

2. The petitioner is Principal of Bishop Moore College, Mavelikkara.

This Writ Petition was filed aggrieved by the delay on the part of the

Government to grant permission to fill up vacancies of teaching and non-

teaching posts. After this Writ Petition was filed, the Government issued

Ext.P8 order dated 24.2.2009 by which the Government permitted the

management of Bishop Moore College, Mavelikkara to fill up two

vacancies of Lecturer in Physics including the vacancy sanctioned in G.O.

(Rt) No.933/07/ H.Edn. dated 14.5.2007, one vacancy of Lecturer in

Zoology, one vacancy of Mechanic and one vacancy of Herbarium keeper

subject to the condition that the workload of the courses sanctioned to

the college without additional financial commitment will not be taken

into account for sanction of posts/filling of vacancies. The Government

have in Ext.P8 appointed Sri. T.J.Mathew, I.A.S., Additional Secretary,

Personnel & Administrative Reforms Department as Government nominee

to the Staff Selection Committee to select the teaching and non-

WP(C) 33376/08 -: 2 :-

teaching staff. In view of the Ext.P8 which was modified by G.O.(Rt)

No.321/2009/H.Edn. dated 7.3.2009, the grievance voiced by the

petitioner stands redressed substantially.

3. I accordingly dispose of this Writ Petition with the direction that

the nominee appointed by the Government in Ext.P8 shall co-operate

with the management of Moore College, Mavelikkara in conducting the

interview for the posts sanctioned in Ext.P8. The University of Kerala is

also directed to nominate their representative to the Staff Selection

Committee. This shall be done by the fourth respondent within one

month from the date on which the Principal moves the University in that

regard. As regards the request of the petitioner to sanction one post of

Lecturer in Chemistry and one post of Lecturer in Economics, which are

set out in Ext.P3, I direct the Government to take a decision in the matter

within three months from today. The Government shall while taking a

decision in the matter have due regard to the views expressed by the

University and shall also afford the petitioner a reasonable opportunity of

being heard.

The Writ Petition is disposed of as above.

P.N.Ravindran,
Judge.

ess