Prajith T.M vs State Of Kerala
2021 Latest Caselaw 11272 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.6060 OF 2021(F)


PETITIONER:

               PRAJITH T.M.
               AGED 33 YEARS
               S/O. MOHANAN, THEKKUTE HOUSE CHEMMANAMKAD, KANJIKODE
               P.O. PALAKKAD 678 621.

               BY ADVS.
               SRI.K.ANAND
               SHRI.RAJESH O.N.

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY, HIGHER EDUCATION
               DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

      2        THE DEPUTY DIRECTOR,
               COLLEGIATE EDUCATION, PALACE ROAD, CHEMBUKAVU,
               THRISSUR 680 020.

      3        THE ADMINISTRATOR,
               GURUVAYUR DEVAWOM BOARD, GURUVAYUR 680 101.

      4        THE REGISTRAR,
               THE CALICUT UNIVERSITY, CALICUT UNIVERSITY P.O.
               MALAPPURAM 673 635.

      5        THE PRINCIPAL,
               SREEKRISHNA COLLEGE, GURUVAYUR 680 102.

               R3, R5 BY ADV. SRI.T.K.VIPINDAS
               R4 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY


               SRI. P.C. SASIDHARAN,SC(CALICUT UTY.), T.K. VIPINDAS,
               SC(GURUVAYUR DB)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6060 OF 2021(F)

                                         2




                                  JUDGMENT

Dated this the 8th day of April 2021

This writ petition is filed seeking the following reliefs:

i) Issue a writ of mandamus commanding respondents 3 to 5 to take necessary steps to appoint the petitioner to the existing vacancy of Assistant Professor, Botany in 5 th respondent College forthwith.

ii) Declare that the inaction on the part of respondents 3 to 5 in not appointing the petitioner as Assistant Professor, Botany in 5th respondent College is highhanded, arbitrary and illegal.

2. Heard the learned counsel for the petitioner, the learned

Government Pleader for respondents 1 and 2, the learned Standing

Counsel appearing for respondents 3 and 5 as well as the learned

Standing Counsel for the University.

3. It is submitted by the learned counsel for the petitioner that

the petitioner was included as Serial No.4 in Ext.P3 ranked list. It is

submitted that Ext.P3 ranked list was prepared for the purpose of

filling up 4 vacancies of Assistant Professors in Botany as per Ext.P1

notification. It is submitted that only 3 appointments have been made

from the ranked list and the petitioner has not been appointed. The

petitioner submitted Ext.P4 series of representations before the

University, the Administrator as well as the 2nd respondent. WP(C).No.6060 OF 2021(F)

4. The learned counsel for the petitioner submits that the said

representations are liable to be considered in accordance with law

taking note of the settled position of law as per Ext.P5 judgment where

it is stated that the ranked list prepared by a private college affiliated

to the Calicut University does not expire on the expiry of one year

from the date on which it is published. It is stated that the ranked list

shall be extended from year to year and shall expire on the expiry of

one year or until unless a fresh selection has been conducted and a

fresh list is brought into force, whichever is later.

5. A counter affidavit has been placed on record by respondents 3

and 5 stating that the ranked list had come into force on 22.10.2019

and has validity only for one year and it expires on 21.10.2020. It is

therefore submitted that no further appointments can be made from

the ranked list.

6. A counter affidavit has been filed by the 4th respondent as well.

It is submitted that by Government letter dated 14.06.2019 only 3

vacancies of Assistant Professor in Botany were permitted to be filled

up, taking note of the work load and the sanctioned posts. It is stated

that in view of the Government order, only 3 vacancies can be filled up

from the list under Section 57 of the Calicut University Act. The WP(C).No.6060 OF 2021(F)

learned counsel for the petitioner submits that even if that be so, in the

3 posts which are admittedly sanctioned, there is a vacancy available

since the 1st rank holder, who was appointed from the list has resigned

from service and a vacancy has arisen during the currency of the list.

7. I have considered the contentions advanced. Ext.P5 judgment

considers the issue of the validity of a ranked list prepared in terms of

Statute 10 (4) and (5) of the Calicut University 1 st Statues, 1979. It is

stated by this Court, after considering the contentions advanced on all

sides that having regard to the language of statute 10 (4) and (5), the

contention that the list expires on the expiry of one year from the date

of its publication cannot be accepted. It was stated that the list shall be

renewed every year and would continue to be in force for the period of

one year or till a fresh select list is drawn up, which ever is later. The

contention of the respondents 3 and 5 that the list has not been

renewed and that it has expired after the expiry of one year therefore

cannot be accepted. It is the specific case of the petitioner that there is

a vacancy available to accommodate the petitioner in the 3 sanctioned

posts of Assistant Professor in Botany in the 5th respondent's college. If

that be so, the issue is liable to be considered by the respondents in

accordance with law and appropriate orders are liable to be passed. WP(C).No.6060 OF 2021(F)

Since the list continues in force, in case there is a vacancy which has

arisen in the post of Assistant Professor in Botany within the

sanctioned strength, then, appointments are to be made from Ext.P3

list.

In the above factual situation, there will be a direction to the 3 rd

respondent to take up Ext.P4(a) representation and to pass appropriate

orders on the same taking note of Ext.P5 judgment and the inclusion of

the petitioner in Ext.P3 list. Orders shall be passed within a period of

one month from the date of receipt of a copy of this judgment. The

vacancy of Assistant Professor in Botany which has arisen in the

college shall not be filled up, till orders are passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.6060 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO. R1-

8068/2015 DATED 12.06.2018.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 05.07.2019 DIRECTING THE PETITIONER TO APPEAR FOR INTERVIEW.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE RANK LIST.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 02.03.2021 ADDRESSED TO THE 2ND RESPONDENT.

EXHIBIT P4 (A) TRUE COPY OF THE REPRESENTATION DATED 02.03.2021 ADDRESSED TO THE 3RD RESPONDENT.

EXHIBIT P4 (B) TRUE COPY OF THE REPRESENTATION DATED 02.03.2021 ADDRESSED TO THE 4TH RESPONDENT.

EXHIBIT P4 (C) TRUE COPY OF THE REPRESENTATION DATED 02.03.2021 ADDRESSED TO THE 5TH RESPONDENT.

 EXHIBIT P5                TRUE COPY OF THE JUDGMENT DATED
                           17.10.2016 IN WPC NO. 15588 OF 2015 OF
                           THIS HONOURABLE COURT.