Disposed

St.Dominic'S College, Kanjirappally v. State of Kerala

Kerala HC25 Jun 2008WP(C)/13088/2008

Case brief

AI extract

What is this about?

The High Court addressed a writ petition by an aided minority college regarding vacancies and a government order. The court directed the respondents to comply with statutory formalities for nominating government and university representatives to the selection committee within two weeks without deciding on the existence of vacancies.

What did the court decide?

Petitioner directed to comply with requirements within two weeks; Government and University to grant approval for nomination and concurrence without delay.

St.Dominic'S College, Kanjirappally Vs State of Kerala — Education and Admissions | Kerala HC (2008)

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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 K.T.SANKARAN

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WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930

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WP(C).No. 13088 of 2008(G) --------------------------

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PETITIONER:

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ST.DOMINIC'S COLLEGE, KANJIRAPPALLY, REPRESENTED BY THE PRINCIPAL DR. ANCYKUTTY JOSEPH.

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BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM.

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3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM.

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4. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS POST, KOTTAYAM REPRESENTED BY ITS REGISTRAR.

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BY SMT.T.B REMANY,GOVERNMENT PLEADER- R1 TO 3

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13088 /2008

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT	P1 : A TRUE DATED 1	COPY OF 1/01/20	THE 06 T	LETTER BY THE PETITIONER O THE 2^ndRESPONDENT.
EXHIBIT	P2 : A TRUE	COPY OF	THE	LETTER DATED 3/04/2006.
EXHIBIT	P3 : A TRUE BY THE	COPY OF PETITIO	THE NER	LETTER DATED 20/08/2007 1^stRESPONDENT.
EXHIBIT	P4 : A TRUE BY THE	COPY OF PETITIO	THE NER	LETTER DATED 18/01/2008 BEFORE THE 2^ndRESPONDENT.
EXHIBIT	P4(a): A TRUE VACANCY	COPY OF POSITIO	THE N.	STAFF STRENGTH AND
EXHIBIT	P5 : A TRUE DATED 1	COPY OF /04/200	THE 8.	LETTER BY THE PETITIONER
EXHIBIT	P5(a): A TRUE VACANCY	COPY OF POSITIO	THE N.	STAFF STRENGTH AND
EXHIBIT	P6 : A TRUE	COPY OF	THE	ORDER DATED 10/08/2006.

/TRUE COPY/

P.A. TO JUDGE

scm

K.T.SANKARAN, J.

-----------------------------WP(C). No. 13088 of 2008

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Dated this the 25^th day of June, 2008

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JUDGMENT

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The petitioner is St. Dominic's College, Kanjirapally, represented by its principal. The college is an aided Educational institution, which according to the petitioner is a minority Educational institution. According to the petitioner, there were vacancies of teachers to be filled up. On 11/01/2006, as per Exhibit P1, the petitioner addressed a letter to the Director of College Education, Thiruvananthapuram to accord sanction for the selection and appointment of three teachers mentioned in Exhibit P1. There was no response. Again, the petitioner made Exhibit P3 letter dated 20/08/2007 and a letter dated 18/01/2008 (Exhibit P4). It is stated that on 31/03/2008, a teacher in politics retired which necessitated the filling up of that vacancy. It is stated that on 1/04/2008, the petitioner again sent a letter to the second respondent accompanied by a copy of the staff strength and vacancy position for the year 2008-2009. It is stated that appropriate orders were not being

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passed for filling the vacancies in view of G.O.MS.

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WP(C). No. 13088 / 2008

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Page numbers

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NO.95/2006/H.Edn. dated 10/08/2006 which is produced and marked as Exhibit P6. It is submitted by the counsel for the petitioner that a Division Bench of this court has held in Shalini Vs. Manager, Christian College, [2007(3) K.L.T.355] that Exhibit P6 Government order is ultra vires the University laws.

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There are two prayers in this Writ Petition. The first one is for issuing a Writ of Certiorari quashing the Exhibit P6 and another is

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for issuing a Writ of Mandamus commanding the respondents to nominate the Government/ University representatives for inclusion in the staff selection committee and complete all requisite formalities to enable the petitioner to fill up the vacancies.

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For the purpose of appointment of teachers, it is necessary to constitute a selection committee in accordance with the relevant University statute. A representative of the Government will be a member of the committee. Likewise, a subject expert shall be included in the committee with the concurrence of the university. The petitioner has to submit to the Government the name of the particular officer whom the petitioner wishes to nominate to the committee with the

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WP(C). No. 13088 / 2008

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Page numbers

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requisite consent of the officer, in which case the Government shall consider whether that officer is to be nominated. Necessary formalities have to be complied with by the petitioner for getting the concurrence of the university for nominating subject experts. The petitioner shall comply with the requirements within a period of two weeks from today, in which case appropriate orders shall be passed by the Government and the University granting approval for nominating the nominee of the Government and granting concurrence by the university without delay and at any rate within a period of two weeks from the date of receipt of the request in that behalf. It is made clear that the mere nomination of a nominee of the Government shall not be taken as a circumstance indicating that there are vacancies to be filled up.

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With these directions Writ Petition is disposed of.

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K.T.SANKARAN, JUDGE

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scm

St.Dominic'S College, Kanjirappally v. State of Kerala

Case brief

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St.Dominic'S College, Kanjirappally v. State of Kerala

Case brief

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