The High Court of Kerala dismissed a writ appeal against the single judge's order denying quashing of faculty appointments. The court held that the long delay (over a decade) and unexplained laches precluded setting aside the appointments in 2008.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN
TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930
WA.No. 1116 of 2008() --------------------AGAINST THE JUDGEMENT/ORDER IN WPC.4279/2008 Dated 06/02/2008
APPELLANTS: PETITIONERS IN THE WP(C).
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1. MAHATMA GANDHI UNIVERSITY TEACHERS ORGANISATION, REPRESENTED BY ITS GENERAL SECRETARY DR.T.V.THULASEEDHARAN, PRIYADARSHINI HILLS P.O. KOTTAYAM.
2. DR.N.RAJEEVKUMAR,READER (CLINICAL PSYCHOLOGY) SCHOOL OF BEHAVIORAL SCIENCES, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O. KOTTAYAM.
BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL
RESPONDENTS: RESPONDENTS IN WP(C).
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1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, P.O.,KOTTAYAM.
2. DR. M.S.RAZEENA PADMAM, PROFESSOR & DIRECTOR, SCHOOL OF BEHAVIORAL SCIENCES, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, P.O.,KOTTAYAM.
3. DR.P.S.SUKUMARAN, READER SCHOOL OF BEHAVIORAL SCIENCES, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, P.O.,KOTTAYAM.
BY SRI. T.A. SHAJI , SC.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.B.KOSHY & P.N.RAVINDRAN, JJ.
W.A.No.1116 OF 2008
------------------------------------Dated 3rd June, 2008
JUDGMENT
Koshy,J .
The writ petition is filed for quashing Exts.P2, P4 and the appointment of third respondent as Lecturer and consequential promotions made. Ext.P2 is dated 19.1.1991. By Ext.P4 dated 26.10.94 second respondent was appointed as Guest Professor in Psychology with effect from 17.2.1994 . Third respondent was appointed as Lecturer on 12.12.1990 and Senior Grade Lecturer with effect from 24.6.1998. The association is challenging the initial appointments made in 1991 and 1994 in 2008. Learned single Judge correctly found that there is long delay of more than a decade in questioning the appointments. At this distance of time, we cannot set aside the appointments. Learned Judge also states that this is a service matter and it is for the aggrieved party to challenge the same according to the rules and not like a public interest litigation. In any event, we agree that there is unexplained laches on the part of the petitioners and we fully agree with the learned single Judge.
The appeal is dismissed.
P.N.RAVINDRAN JUDGE
tks
2 issues framed by the court
Whether the appointments of faculty members can be quashed after unexplained delay of over a decade.
Whether laches prevents the relief sought in a service matter challenged via writ petition.
MAHATMA GANDHI UNIVERSITY TEACHERS ORGANISATION
DR.N.RAJEEVKUMAR
THE MAHATMA GANDHI UNIVERSITY
DR. M.S.RAZEENA PADMAM
DR.P.S.SUKUMARAN
J.B. KOSHY
P.N. RAVINDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
