Promotions in educational institutions must adhere to established norms, seniority, and qualifications, ensuring fair consideration for eligible candidates.

JUDGMENT

The petitioner is working as Lecturer in Electrical & Electronics Engineering, Government Engineering College, Thrissur. The main prayer in the writ petition is for a direction to the first respondent to issue orders promoting the petitioner as Assistant Professor in Electrical & Electronics Engineering in the existing vacancies and also grant her on such promotion the redesignation as Associate Professor as per Ext.P13. It is the case of the petitioner that even though she was appointed as a lecturer, as per Ext.P13 Government Order dated 7.12.2010 the said post is redesignated as Assistant Professor. The petitioner has completed more than 12 years of service in the teaching post and she is the seniormost Lecturer awaiting further promotion in the next arising vacancy. It is pointed out in the writ petition that at present four vacancies are existing and Ext.P9 is produced in support of the same. The petitioner has produced Ext.P8 order by which three incumbents from the Department of Electrical and Electronics Engineering continuing as Lecturers, along with some others were promoted to the post of Assistant Professor. Thus, it is pointed out that the wpc 29360/2011 2 petitioner is the senior claimant eligible to be promoted as Assistant Professor in the next arising vacancy and entitled to be redesignated as Associate Professor.

2. It is pointed out that the judgment of this Court, Ext.P12 actually considered the unconstitutionality of Rule 6A of the Special Rules for Kerala Technical Education Service (Amendment) 2004 and a declaration has also been made y this Court to that effect. But it will not apply in the case of the petitioner. It is pointed out that the petitioner seeks promotion in terms of the AICTE norms and Special Rules. It is also submitted that the pendency of the writ appeal therefore will not be a bar for considering the claim of the petitioner.

3. Heard learned Government Pleader, who also invited my attention to the findings in Ext.P12 judgment as well as the relevant norms. Exts.P10 is the first representations submitted by the petitioner before the first respondent seeking for grant of reliefs. Ext.P15 is the subsequent representation addressed to the Hon'ble Minister for Education.

4. It is upto the first respondent to take a decision in accordance with the relevant rules as well as the AICTE norms and in tune with the qualification of the petitioner. An appropriate decision will be taken and communicated to the petitioner within a period of two months from the date wpc 29360/2011 3 of receipt of a copy of this judgment, with notice to the petitioner and after affording an opportunity of hearing. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the first respondent for compliance.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

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