Allowed

A.H.Shamsiya v. Kerala Agricultural University

Kerala HC12 Nov 2015WP(C)/3893/2012

Case brief

AI extract

What is this about?

In a writ petition, the petitioner, a fifth rank holder in a modified list, sought a direction to the Kerala Agricultural University to fill vacancies for Assistant Professor (Home Science). The court directed the university to fill vacancies expeditiously if any exist, given the lack of a counter affidavit and the petitioner's status as a candidate.

What did the court decide?

Direction to the 1st respondent to fill up the vacancies of Assistant Professor (Home Science) if there are vacancies in the department expeditiously.

A.H.Shamsiya Vs Kerala Agricultural University — Pension and Retirement Benefits | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937

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WP(C).No. 3893 of 2012 (J)

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PETITIONER(S):

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A.H.SHAMSIYA, AGED 32 YEARS, W/O.NOUSHAD, VALIYAVILA VAADU, KOTTIYAM P.O., KOLLAM.

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BY ADVS.SRI.D.SAJEEV SMT.LIGEY ANTONY

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RESPONDENT(S):

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1. KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY THE REGISTRAR, OFFICE OF THE KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS, VELLANIKKARA P.O., TRISSUR - 680656.

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2. THE DEPUTY REGISTRAR (ADMINISTRATION-II), KERALA AGRICULTURAL UNIVERSITY, MANNUTHY, VELLANIKKARA P.O., TRISSUR-680656.

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BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC BY SRI.K.P.MUJEEB, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 3893 of 2012 (J)

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXHIBIT-P1.	TRUE COPY OF THE NOTIFICATION NO.GA/K1/21606/07 DATED 9.10.2007 OF THE KERALA AGRICULTURAL UNIVERSITY.
EXHIBIT-P2.	TRUE COPY OF THE MODIFIED NOTIFICATION NO.GA/K1/21606/07 DATED 15.11.2007 OF THE KERALA AGRICULTURAL UNIVERSITY.
EXHIBIT-P3.	TRUE COPY OF THE CALL LETTER NO.GA/K1/21606/2007 DATED 17.04.2008 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT-P4.	TRUE COPY OF THE NOTIFICATION NO.GA/K1/21606/2007(1) DATED 4.11.2008 OF THE 2ND RESPONDENT.
EXHIBIT-P5.	TRUE COPY OF THE INTERIM ORDER DATED 11.01.2010 IN I.A.NO.16131/2009 IN W.P.(C) NO.6854/2009 OF THIS HON'BLE COURT.
EXHIBIT-P6.	TRUE COPY OF THE REPRESENTATION DATED 14.10.2010 FILED BY THE PETITIONER THE 1ST RESPONDENT.
EXHIBIT-P7.	TRUE COPY OF THE APPEAL PETITION DATED 14.11.2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT-P8.	TRUE COPY OF THE REPLY DATED 25.11.2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

A.M. SHAFFIQUE, J.

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============= W.P. (C) No. 3893 of 2012

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===================

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Dated this, the 12^th day of November, 2015

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J U D G M E N T

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Petitioner has approached this Court seeking for a direction to the 1^st respondent to fill up the vacancies of Assistant Professor (Home Science) in the department within a time frame. According to the petitioner, she is the 5^th rank holder in the modified rank list published as per notification dated 4/11/2008. Petitioner relies upon Ext.P5, an interim order dated 11/1/2010 in IA No.16131/09 in WP(C) No.6854/2009, by which it was reported that there were vacancies in the post of Assistant Professor (Home Science). Petitioner is also a candidate for appointment to the said post.

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No counter affidavit has been filed in this case.

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Taking into consideration the factual statements made in the writ petition, there will be a direction to the 1^st respondent to fill up the vacancies of Assistant Professor (Home Science), if there are vacancies in the department. This may be done as

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W.P(C) No.3893/12

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-:2:-

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expeditiously as possible.

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Writ petition is disposed of as above.

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Sd/- A.M. SHAFFIQUE, JUDGE

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Rp 12/11/2015

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//True Copy//

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P.S to Judge

A.H.Shamsiya v. Kerala Agricultural University

Case brief

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A.H.Shamsiya v. Kerala Agricultural University

Case brief

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