M K ABDUL MAJEED Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The petitioner who is a Lecturer (Selection Grade) of T.K.M. College of Arts and Science, Kollam challenges the omission of the fourth respondent to complete the selection to the post of Principal of his College pursuant to Ext. P2 Notification. He also challenges the appointment of the fifth respondent to the post of Principal. The brief facts necessary for the disposal of the case are the following:

(2.) The petitioner at the time of filing of the Original Petition was working as Lecturer in charge of Principal of T.K.M. College of Arts and Science. It is a college affiliated to the University of Kerala. He joined the service of the College on 15.2.1975 and presently he is a Selection Grade Lecturer under the U.G.C. Scheme. According to him, he is the seniormost among Selection Grade Lecturers and therefore as and when vacancies arose in the post of Principal, he was being put in charge. As per Ext. P1 dated 31.12.2001, he has been put in charge of the post of Principal for a period of three months or till the appointment to the Principal's post is made in accordance with the University Act and Statutes. The fourth respondent has issued Ext. P2 Notification inviting applications to the post of Principal, T.K.M. College of Arts and Science. It was published in the Malayala Manorama Daily dated 29.12.2000.

(3.) When the petitioner came to know that the management is going to appoint the fifth respondent as Principal who is an outsider, he filed Ext. P3 representation before the fourth respondent. Apprehending that contrary to the provisions of the Act and Statutes, the fifth respondent may be appointed, the petitioner filed the present Original Petition seeking appropriate reliefs. This Court on 2.4.2002 granted an interim order enabling the petitioner to continues as Lecturer in charge of Principal till selection to the post of Principal is finally made pursuant to Ext. P2 notification. The fifth respondent entered appearance and filed a counter affidavit stating that he has already assumed charge of the post of Principal on 1.4.2002 itself. It is submitted by him that he is the Principal of M.E.S. College, Nedungandam and the Government as per Ext. R5(a) order has given sanction for posting him on deputation for a period of two years as the Principal of T.K.M. Arts and Science College, Kollam. On the basis of Ext. R5 (a) dated 31.12.2001, the fourth respondent has appointed the fifth respondent as Principal for a period of two years from 1.4.2002 as per Ext.R5(b) order dated 30.3.2002. Pursuant to that, he reported for duty as per Ext.R5 (d) and he has been admitted to duty as per Ext.R5 (e). On receipt of the counter affidavit, the petitioner filed a reply affidavit. He also amended the Original Petition challenging Ext. P4 order of the Government (Ext.R5 (a) giving sanction for appointing the fifth respondent as Principal for a period of two years on deputation. The petitioner has also impleaded the State of Kerala as the additional 6th respondent.