Review petition allowed as petitioner lacked required Ph.D. qualification for Assistant Professor promotion at the relevant date. Judgment recalled; underlying writ petition dismissed by this court.
Review petition allowed; earlier judgment recalled; writ petition 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 HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 8TH DAY OF APRIL 2014/18TH CHAITHRA, 1936 RP.No. 262 of 2014 (B) IN WP(C).23218/2010
REVIEW PETITIONER/PETITIONER:
SANGEETHA JOSE, LECTURER IN INFORMATION TECHNOLOGY, GOVERNMENT ENGINEERING COLLEGE, IDUKKI.
BY ADVS.SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
RESPONDENTS/RESPONDENTS:
THIRUVANANTHAPURAM - 695 001.
BY STATE ATTORNEY
SRI. SUJITH MATHEW JOSE, SPL. GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 08-04-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rv
**MANJULA CHELLUR, CJ & A.M.SHAFFIQUE, J. * * * * * * * * * * * * *** R.P.No.262 of 2014
in W.P.C.No.23218 of 2010
Dated this the 8th day of April 2014
O R D E R
MANJULA CHELLUR,CJ
We have gone through the averments in the review petition.
R.P.No.262/2014
2
petitioner is not entitled for such promotion to the post of Assistant Professor as on the date of notification in question.
Accordingly the review petition is allowed. Judgment dated 17/12/2013 is recalled and the writ petition is dismissed.
(sd/-) (MANJULA CHELLUR, CHIEF JUSTICE)
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr 08/04/2014
R.P.No.262/2014 3
R.P.No.262/2014 4
2 issues framed by the court
Whether the review petition should be allowed given the mistake regarding the petitioner's qualification for promotion.
Whether the writ petition should be dismissed following the recall of the judgment dated 17/12/2013.
SANGEETHA JOSE
GOVERNMENT OF KERALA
DIRECTOR OF TECHNICAL EDUCATION
DR. MANJULA CHELLUR
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
