The single-bench court held that the petitioner's writ petition challenging his suspension as Registrar became infructuous because his selection and appointment were previously set aside by this Court. Accordingly, the petition was dismissed as infructuous without proceeding further.
Writ petition dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 18TH DAY OF DECEMBER 2012/27TH AGRAHAYANA 1934
WP(C).No. 22575 of 2012 (V)
PETITIONER(S):
DR.A.ASHOKAN, AGED 49 YEARS REGISTRAR (UNDER SUSPENSION) KANNUR UNIVERSITY MANGATTUPARAMBA, KANNUR (RESIDING AT ANUGRAH, MANALIL, AJANUR P.O., VIA ANANTHASRAMAM, KASARAGOD.
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENT(S):
1. THE VICE CHANCELLOR, UNIVERSITY OF KANNUR MANGATTUPARAMBA, KANNUR – 670 567.
2. THE SYNDICATE UNIVERSITY OF KANNUR REPRESENTED BY ITS VICE CHANCELLOR, UNIVERSITY OF KANNUR MANGATTUPARAMBA, KANNUR – 670 567.
BY ADVS. SRI.V.A.MUHAMMED, SC, KANNUR UNIVERSITY SRI.K.RAMAKUMAR (SR.)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PN
P.R.RAMACHANDRA MENON, J.
W.P.(c) No. 22575 OF 2012
Dated this the 18th day of December , 2012
JUDGMENT
The petitioner, who is the Registrar of the Kannur University is before this Court challenging the suspension. It is brought to the notice of this Court that in the course of further developments, the very selection and appointment of the petitioner as the Registrar of the University was challenged in two other writ petitions and after considering the merits, this Court has already set aside the selection and appointment as per the common judgment dated 28/11/2012 in W.P.(C)Nos.17319/2011 & 22528/2011 and as such, this matter has virtually become infructuous.
per his affidavit was not the stand reflected from the pleadings and proceedings filed by the learned counsel representing the University. It was in the said circumstances, that this Court passed an interim order
W.P.(C)No.22575/2012 2
on 19.11.2012 directing the learned Standing Counsel to file an affidavit as to the course and events with reference to the Statement and Rejoinder filed by him before this Court and also with reference to Ext.P9(c) Counter affidavit stated as executed and forwarded by the first respondent, before proceeding with further steps.
P.R.RAMACHANDRA MENON
JUDGE
sv.
W.P.(C)No.22575/2012 2
2 issues framed by the court
Whether the writ petition challenging the suspension of the petitioner as Registrar is maintainable after his selection and appointment were set aside.
Whether the writ petition has become infructuous.
Dr. A. Ashokan
The Vice Chancellor, University of Kannur
The Syndicate, University of Kannur
PR Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
