Dr.Anu Gopinath v. Kerala University Of Fisheries & Ocean Studies

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 11762 of 2015 (U) ---------------------------- PETITIONER:

---------- DR.ANU GOPINATH AGED 39 YEARS D/o.SRI K P GOPINATHAN NAIR RESIDING AT "OCEANUS"

THAMPURATTIPARAMBU ROAD, MAMANGALAM PALARIVATTOM P O, KOCHI 682 025 BY ADVS.SRI.O.V.RADHAKRISHNAN (SR.) SRI.C.P.ANIL RAJ SRI.JOS LEO JOSE RESPONDENTS:

------------ 1.

KERALA UNIVERSITY OF FISHERIES & OCEAN STUDIES REPRESENTED BY ITS REGISTRAR PANAGAD P O , KOCHI 682506 2.

UNIVERSITY GOVERNING COUNCIL REPRESENTED BY ITS CHAIRMAN, THE VICE-CHANCELLOR KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES PANAGAD P O, KOCHI 682 506 3.

VICE-CHANCELLOR KERALA UNIVERSITY OF FISHERIES & OCEAN STUDIES PANAGAD P O, KOCHI 682 506 BY SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11762 of 2015 (U) APPENDIX PETITIONER'S EXHIBITS:

EXT P1 :

PHOTOCOPY OF THE EMPLOYMENT NOTIFICATION DATED 05.08.2014 PUBLISHED THROUGH THE WEB SITE EXT P2 :

PHOTOCOPY OF THE CERTIFICATE DATED 09.01.2004 ISSUED BY the FACULTY OF MARINE SCIENCES, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY EXT P3 :

PHOTOCOPY OF THE GO(MS) NO.163/2014/H.Edn DATED 19.04.2014 OF THE GOVERNMENT OF KERALA EXT P4 :

PHOTOCOPY OF THE MEMO NO.GA5-2339/14(xv) DATED 16.01.2015 OF THE REGISTRAR OF the 1ST RESPONDENT EXT P5 :

PHOTOCOPY OF THE CHAPTER IX-TEACHERS OF THE UNIVERSITY OF THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES MODIFIED DRAFT OF THE FIRST STATUTES, 2013 RESPONDENTS' EXHIBITS: NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.11762 of 2015 ============================ Dated this the 09th day of April, 2015

JUDGMENT

This Writ Petition is filed by the petitioner for the following reliefs:

(i) to declare that the pendency of Writ Petitions before this Honourable Court challenging the selection in other discipline/subjects in other departments shall not stand in the way of publishing the select list and making appointment to the post of Assistant Professor in Chemical Oceanography in Fishery Hydrography Department of the 1st respondent-University so long as no challenge is made against the selection to the post of Assistant Professor in Chemical Oceanography from any quarter;

(ii) to issue a writ of mandamus or other appropriate writ, direction or order commanding the respondents to approve the select list and to publish the select list for making appointment to the post of Assistant Professor in Chemical Oceanography in the Fishery Hydrography Department under the 1st respondent-University forthwith and at any rate, within a time-frame that may be fixed by this Honourable Court;

(iii) to issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to make appointment to the post of

W.P(C).No.11762 of 2015 Assistant Professor in Chemical Oceanography in the Fishery Hydrography Department under the 1st respondent-University from the date of occurrence of the vacancy without regard to the delay caused in making appointment with all consequential benefits;

(iv) to issue such other appropriate writ, direction or order which this Honourable Court deems fit in the circumstances of the case;

(v) to award compensatory costs.

In view of the reliefs sought by the petitioner, I am of the view, select list for the appointment of the petitioner for the post of Assistant Professor in Chemical Oceanography shall be finalized within a period of one month from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

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