Disposed

Manager, E.M.E.A. College v. the Principal Secretary and Others

Kerala HC11 Aug 2016WP(C)/14691/2006

Case brief

AI extract

What is this about?

This short order, delivered on 11 August 2016, notes that a connected writ petition (W.P.(C) No.32462 of 2009) identified identical issues regarding teacher appointments in an aided college. Citing a 2015 judgment which followed a Supreme Court decision (Civil Appeal No.8459 of 2010) approving such appointments, the court declared the present petition closed, leaving any further grievance to be ap

What did the court decide?

The writ petition is declared closed in light of a judgment in a connected petition; no further relief is granted.

Manager, E.M.E.A. College Vs the Principal Secretary… — Education and Admissions | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 11TH DAY OF AUGUST 2016/20TH SRAVANA, 1938

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WP(C).No. 14691 of 2006 (Y)

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PETITIONER(S):

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THE MANAGER, E.M.E.A. COLLEGE OF ARTS AND SCIENCE, KONDOTTY, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.M.SATHYANATHA MENON

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RESPONDENT(S):

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1. THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION (B) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.

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2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM.

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3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE, KOZHIKODE.

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4. UNIVERSITY OF CALICUT, THENJIPALAM, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF CALICUT, CALICUT.

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R1 TO 3 BY GOVERNMENT PLEADER SRI.T.R.RAJESH R4 BY ADV. SRI.SANTHOSH MATHEW, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 14691 of 2006 (Y)

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APPENDIX

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PETITIONERS' EXHIBITS

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P1: COPY OF THE RELEVANT ORDERS SANCTIONING THE COURSES TO THE PETITIONER'S COLLEGE IN G.O.(MS)NO.109/2001H.EDN.DATED 11/9/2001 FROM HIGHER EDUCATION (B)DEPARTMENT.

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P2: COPY OF THE RELEVANT ORDERS SANCTIONING THE COURSES TO THE PETITIONER'S COLLEGE IN G.O.(MS)NO.162/99/H.EDN.DATED 6/12/99 THIRUVANANTHAPURAM.

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P3: COPY OF THE RELEVANT ORDERS SANCTIONING THE COURSES TO THE PETITIONER'S COLLEGE IN G.O.GAI(D3)3407/199 VOL.II(1) IN DATED 20/10/2001

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P4: COPY OF THE RELEVANT ORDERS SANCTIONING THE COURSES TO THE PETITIONER'S COLLEGE IN G.OI/D3/7983/98(2) DATED 13/12/99 THIRUVANANTHAPURAM

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P5: COPY OF THE GOVERNMENT ORDER DATED 3/7/97

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P6: COPY OF THE INTERIM ORDER IN WPC.28146/2003 OF THIS HONOURABLE COURT.

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P7: COPY OF THE INTERIM ORDER IN WPC.12229/03 OF THIS HONOURABLE COURT.

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P8: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC.17372/04

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P9: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC.16246/04

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P10: COPY OF THE JUDGMENT IN WPC.16482/05 DATED 1/6/05

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P11(A):COPY OF THE MINUTES OF THE SELECTION COMMITTEE TO PREPARE THE LIST FOR SELECTION OF LECTURERS IN ENGLISH IN EMEA COLLEGE, KONDOTTY

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P11(A):COPY OF THE MINUTES OF THE SELECTION COMMITTEE TO PREPARE THE LIST FOR SELECTION OF LECTURERS IN HISTORY IN EMEA COLLEGE, KONDOTTY

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P11(C):COPY OF THE MINUTES OF THE SELECTION COMMITTEE TO PREPARE THE LIST FOR SELECTION OF LECTURERS IN MICROBIOLOGY IN EMEA COLLEGE, KONDOTTY

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P11(D):COPY OF THE MINUTES OF THE SELECTION COMMITTEE TO PREPARE THE LIST FOR SELECTION OF LECTURERS IN STATISTICS IN EMEA COLLEGE, KONDOTTY

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P11(E):COPY OF THE MINUTES OF THE SELECTION COMMITTEE TO PREPARE THE LIST FOR SELECTION OF LECTURERS IN COMPUTER SCIENCE IN EMEA COLLEGE, KONDOTTY

.....2/-

..2..

WP(C).No. 14691 of 2006 (Y)

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P12(A):COPY OF THE APPOINTMENT ORDER DATED 27/8/05, NO.G2-268/05/CS (4)ISSUED BY THE PETITIONER TO SRI.SHAMSUDHEEN.E.

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P12(B):COPY OF THE APPOINTMENT ORDER DATED 27/8/05, NO.G2-268/05/CS (3)ISSUED BY THE PETITIONER TO SRI.MOHAMMED JAMSHAD

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P12(C):COPY OF THE APPOINTMENT ORDER DATED 27/8/05, NO.G2-268/05/TS/CS(2)ISSUED BY THE PETITIONER TO SRI.RIYAD A.M.

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P12(D):COPY OF THE APPOINTMENT ORDER DATED 27/8/05, NO.G2268/05/TS/MS(I)ISSUED BY THE PETITIONER TO SMT.SHIJI THOMAS

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P12(E):COPY OF THE APPOINTMENT ORDER DATED 27/8/05, NO.G2-268/05/TS ENG.(1)ISSUED BY THE PETITIONER TO SRI.ROY P.P.

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P12(F):COPY OF THE APPOINTMENT ORDER DATED 27/8/05, NO.G2-268/05/TS/H ISSUED BY THE PETITIONER TO SRI.AMEEN DAS

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P12(G):COPY OF THE APPOINTMENT ORDER DATED 27/8/05, NO.G2-268/05/TS/ST(4)ISSUED BY THE PETITIONER TO SMT.BINU P.P.

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P12(H):COPY OF THE APPOINTMENT ORDER DATED 27/8/05, NO.G2-268/05/TS/MB (2)(4)ISSUED BY THE PETITIONER TO SMT.JISHA P.J.

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P13(A):COPY OF THE COVERING LETTER SENT BY THE PETITIONER TO THE UNIVERSITY FOR APPROVAL DTD.17/3/2006

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P13(B): COPY OF THE COVERING LETTER SENT BY THE PETITIONER TO THE UNIVERSITY FOR APPROVAL DTD.25/10/2005.

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P14: COPY OF THE PROCEEDINGS ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION DATED 18/12/2002

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P15: COPY OF THE COMMUNICATION ISSUED BY THE REGISTRAR OF CALICUT DATED 29/7/2005

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P16: COPY OF THE PROCEEDINGS OF CALICUT UNIVERSITY DATED 26/12/2006

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RESPONDENTS' EXHIBITS

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R3(A):COPY OF JUDGMENT IN WPC.16951/05

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R3(B): COPY OF ORDER NO.G.O.(MS)90/01/H.EDN.DATED 30/7/01

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R3(C): COPY OF UNIVERSITY LAWS (AMENDMENT)ACT

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R3(D): COPY OF G.O.(RT)NO.1115/04/H.EDN.DATED 17/8/04.

/ TRUE COPY /

P.S. TO JUDGE

P.V.ASHA, J.

W.P.(C) No.14691 of 2006

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Dated this the 11^th day of August, 2016

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JUDGMENT

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Learned counsel for the petitioner submits that the issue involved in this case is covered by the judgment in W.P.(C) No.32462 of 2009 which considered identical cases where approval was denied to college teachers appointed by the management against the courses sanctioned in aided colleges by orders similar to Exts.P1 to P4.

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From the judgment dated 12.3.2015 in W.P.(C) No.32462 of 2009, it is seen that the apex court had decided similar issues in Civil Appeal No.8459 of 2010 and connected cases filed in identical circumstances. In the said writ petition, the learned single Judge has referred to an order passed by the University on 14.5.2010 granting provisional approval to the petitioners therein in the light of the supreme court judgment. The petitioner herein-Manager, E.M.E.A. College as well as two of the teachers whose appointments are referred to in the orders of appointment Exts.P12(D) and P12(H) were the petitioners in the said writ petition. In the light of these subsequent circumstances, this writ petition is closed.

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In case any grievance subsists it will be open for the petitioner to take the matter before the appropriate authority.

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Sd/-

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P.V.ASHA JUDGE

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rkc

Manager, E.M.E.A. College v. the Principal Secretary and Others

Case brief

What is this about?

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Manager, E.M.E.A. College v. the Principal Secretary and Others

Case brief

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