The Writ Appeal by Kerala University challenging the appointment of a retired probationer as Principal was dismissed as infructuous. The Court held the issue raised was purely academic given the lack of complaint from aspirants and the marriage of the question.
Writ Appeal dismissed.
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 C.N.RAMACHANDRAN NAIR &
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
FRIDAY, THE 23RD DAY OF MARCH 2012/3RD CHAITHRA 1934
WA.No. 40 of 2010 ( )
AGAINST THE JUDGMENT IN WPC.2643/2009 DATED 28-08-2009
APPELLANT(S)/RESPONDENTS IN THE WRIT PETITION:
1. KERALA UNIVERSITY,, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM.
2. DR.A.JAYAKRISHNAN, THE VICE CHANCELLOR, KERALA UNIVERSITY,THIRUVANANTHAPURAM.
3. SRI.P.A.HASHIM, REGISTRAR, KERALA UNIVERSITY, THIRUVANANTHAPURAM.
4. SRI.CYRIL JOHNSON, THE CHAIRMAN STANDING COMMITTEE ON TEACHING AND NON TEACHING STAFF OF PRIVATE COLLEGES, KERALA UNIVERSITY, THIRUVANANTHAPURAM.
5. THE SYNDICATE, KERALA UNIVERSITY, THIRUVANANTHAPURAM, REPRESENTED BY ITS CONVENOR, THE VICE CHANCELLOR.
BY SRI.P.RAVINDRAN, SENIOR ADVOCATE BY ADV. SRI.V.SAJITH KUMAR,SC,KERALA UNIVERSITY SRI.SAJITH KUMAR V.
RESPONDENT(S)/PETITIONERS IN THE WRIT PETITION:
1. MANAGER, MALANKARA SYRIAN CATHOLIC COLLEGES ASSOCIATION (MAJOR ARCH DIOCESE OF THIRUVANANTHAPURAM), PATTOM, THIRUVANANTHAPURAM-695 004.
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..2/-
..2....
W.A.NO.40/2010
2. REV.FR.M.G.MATHEW, LECTURER (SELECTION GRADE) IN FRENCH, MAR IVANIOS COLLEGE, THIRUVANANTHAPURAM APPOINTED AS PRINCIPAL AND DRAWING-CUM-DISBURSING OFFICER OF MR.IVANIOS COLLEGE.
3. DR.GEORGE T.JOHN, LECTURER(SELECTION GRADE), IN CHEMISTRY, ST.JOHNS COLLEGE, ANCHAL, APPOINTED AS PRINCIPAL AND DRAWING-CUM-DISBURSING OFFICER OF ST.JOHNS COLLEGE.
4. REV.SR.DR.MERCYKUTTY A.,
BY
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.N.RAMACHANDRAN NAIR, & BABU MATHEW P. JOSEPH, JJ.
.................................................................... Writ Appeal No.40 of 2010
.................................................................... Dated this the 23rd day of March, 2012.
JUDGMENT
Ramachandran Nair, J.
Heard Standing Counsel for the appellant-University and also counsel appearing for the management. Dispute is with regard to the approval of appointment of a Principal in the Mar Ivanios College. The person appointed served as Principal and is retired. The University filed the appeal to establish a point of law that is, procedure to be followed in appointments which we feel is well settled. In the first place, the College is declared by the Supreme Court as a minority institution. Secondly, in regard to challenge of the University against want of fair procedure, what we notice is that the aspirants being the seniormost Professors of the College have no complaint against the management. In any case the issue raised by the University is purely
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academic and we do not think we should waste our time on this after the Writ Appeal became infructuous. Writ Appeal is accordingly dismissed.
C.N.RAMACHANDRAN NAIR Judge
BABU MATHEW P. JOSEPH Judge
pms
1 issue framed by the court
Whether the High Court should decide on the procedure for appointing a Principal in a declared minority institution when the writ appeal is infructuous.
Kerala University, represented by its Registrar
Manager, Malankara Syrian Catholic Colleges Association
Rev. Fr. M.G. Matthew
Dr. George T. John
Rev. Sr. Dr. Mercykutty A.
C.N.RAMACHANDRAN NAIR
BABU MATHEW P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
