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Deepa Nair

High Court Of Kerala|12 June, 2014
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JUDGMENT / ORDER

ANTONY DOMINIC, J. From 2005 the appellant is working on contract basis as a Guest Lecturer in the Cochin University College of Engineering, Kuttanadu. While so, Ext.P4 notification was issued by the University in 2008 inviting applications for appointment of Lecturers including in the post of Lecturer (Computer Applications). The appellant responded to the notification and submitted an application. That was not pursued and in 2012 March, she applied for regularisation of her service. When that application was pending, the University issued Ext.P5 notification re-designating the said post as Assistant Professor (Computer Applications) and inviting fresh applications. It is at that stage the Writ Petition was filed challenging Ext.P5 notification and also to require the University to proceed further with Ext.P4 or in the alternative to regularise the service of the appellant. The learned Single Judge dismissed the Writ Petition and hence this appeal.
2. We heard the learned counsel for the appellant, the learned Standing Counsel for the 1st respondent and the learned Government Pleader appearing for the 2nd respondent.
3. As rightly pointed out by the learned Single Judge, the appellant is only a contract employee and therefore does not have any right to get a direction from this Court for regularisation of her services. In such circumstances, the only course open to the appellant is to contest as a candidate in response to Ext.P5 notification issued by the University and take her chances in the selection.
However, the learned counsel for the appellant states that the syndicate of the University is considering her claim for regularisation. Since such a submission has been made, we clarify that the dismissal of the Writ Petition or the Writ Appeal shall not be to the prejudice to the appellant, if the University is otherwise willing to regularise her services, as submitted by the counsel.
Sd/-
ANTONY DOMINIC, JUDGE Sd/-
sdk+ ALEXANDER THOMAS , JUDGE ///True copy/// P.S. to Judge
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Title

Deepa Nair

Court

High Court Of Kerala

JudgmentDate
12 June, 2014
Judges
  • Antony Dominic
  • Alexander Thomas
Advocates
  • S Sanal Kumar
  • Smt Bhavana Velayudhan
  • Smt