K.S.Sreekumar, Assistant Professor In vs State of Kerala

T.R. Ramachandran Nair, J.—The Petitioner seeks for a direction to the Respondents to convene a meeting of the Departmental Promotion Committee (Higher) for considering the claim of the Petitioner and other eligible candidates for promotion to the post of Professor in Vocal in the Music Colleges in the State of Kerala.

It is averred in the writ petition that the Petitioner joined service on 18/08/1989 as Tutor Grade-II (Theory) and was promoted on 07/07/2006 as Assistant Professor in Vocal. He has a total service of 21 years and nine months and is due for promotion to the post of Professor in Vocal. Ext.P1 is the copy of the relevant rule, namely, Kerala Collegiate Education (Music Colleges) service Rules, 2008.

On an earlier occasion also, the Petitioner had approached this Court seeking for a direction to convene the meeting of the Departmental Promotion Committee (Higher) and this Court by Ext.P2 Judgment directed the second Respondent to convene D.P.C(Higher) and promote eligible persons within three months thereafter. It appears that subsequent actions were taken but the final request of the Petitioner for promotion was rejected as the certificate produced by him was found not acceptable as the particular course was not recognised. A copy of the said order is produced as Ext.P4. A select list was published as per Ext.P5 wherein the Petitioner was not included. It is stated that thereafter the relevant Special Rules were amended as per notification dated 31/03/2011 which has got retrospective effect from 24/03/2008. There is a modification with regard to the qualification required for promotion to the post of Professor. It is the case of the Petitioner that he fulfills the qualification as per the amended rules.

In the Final Seniority List published with respect to the post of Assistant Professor in Vocal as on 01/01/2010, the Petitioner is shown as Serial No. 5 (Ext.P9). It is submitted that Serial No. 3 has already retired from service and Serial No. 4 was qualified only at the end of the year 2010. According to the Petitioner, there are three vacancies of Professor in Vocal which are not filled up so far and in the said background, the Petitioner has sought for various reliefs in this writ petition.

The learned Government Pleader on getting written instructions submitted that in the select list so far published, the Petitioner has not been included. Two persons who have been included in the select list as Professor (Vocal) as per G.O.(Rt). No. 959/2011/H.Edn., dated 01/07/2011 have already been promoted to the post of Professor in Vocal. One vacancy in the post of Professor in Vocal has occurred on 31/03/2011 and steps are being taken to convene a Departmental Promotion Committee for filling up the above post. It is also submitted that as per the information from the office of the Director of Collegiate Education, the Petitioner will also be included in the field of choice for preparing the select list, subject to his eligibility.

In that view of the matter, the only direction that can be issued now is to convene the Departmental Promotion Committee (Higher) within a time frame.

The learned Government Pleader submitted that for convening the meeting of the Departmental Promotion Committee (Higher) various steps have been taken including calling for the confidential reports etc. of eligible candidates.

As steps are already in progress, there will be a direction to the Respondents to convene the meeting of the Departmental Promotion Committee (Higher) for promotion to the post of Professor in Vocal and complete the process within a period of three months. The writ petition is disposed of as above. No. costs.

The Petitioner will forward a copy of the writ petition along with a certified copy of the judgment to the Respondents for compliance.