Court declined to decide merits as statutory appeal before University Appellate Tribunal was pending. Ordered suspension of disciplinary proceedings for one month to enable petitioner to challenge that order.
Allowed time to challenge University Appellate Tribunal order; extended interim stay on disciplinary proceedings for one month.
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 DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF NOVEMBER 2020 / 6TH AGRAHAYANA, 1942
WP(C).No.18689 OF 2020(I)
PETITIONER:
DR. V. WILSANAND, AGED 54 YEARS S/O. T.VELAYUDHAN, ASSOCIATE PROFESSOR AND HEAD OF THE DEPARTMENT (UNDER SUSPENSION), DEPARTMENT OF ZOOLOGY, SREE NARAYANA COLLEGE, ALATHUR, PALAKKD-678 682
BY ADVS. SRI.R.HARISHANKAR SMT.PARVATHY NAIR
RESPONDENTS:
1 THE REGISTRAR, UNIVERSITY OF CALICUT, UNIVERSITY OF CALICUT CAMPUS, THENHIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRCT-673 635
2 UNIVERSITY OF CALICUT,
REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF CALICUT CAMPUS,THENHIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRCT-673 635
3 CORPORATE MANAGER, SREE NARAYANA TRUST, P.B.NO.63,KOLLAM-691 007
4 M.S RUPESH
ADVOCATE AND ENQUIRY OFFICER, TAILOR STREET, COURT ROAD, PALAKKAD-678 001
SRI.A.N.RAJAN BABU
SRI.VINOD KUMAR.C SRI. BIJOY CHANDRAN - SR.GP, SRI. P.C.SASIDHARAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2020, ALONG WITH WP(C).19721/2020(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.18689 OF 2020(I) & con.case.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF NOVEMBER 2020 / 6TH AGRAHAYANA, 1942
WP(C).No.19721 OF 2020(M)
PETITIONER:
DR.V.WILSANAND, AGED 54 YEARS, S/O.T.VELAYUDHAN, ASSOCIATE PROFESSOR AND HEAD OF THE DEPARTMENT (UNDER SUSPENSION), DEPARTMENT OF ZOOLOGY, SREE NARAYANA COLLEGE, ALATHUR, PALAKKAD-678682.
SRI.R.HARISHANKAR SMT.PARVATHY NAIR
RESPONDENTS:
1 THE REGISTRAR, CALICUT UNIVERSITY, UNIVERSITY OF CALICUT CAMPUS, THENHIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT-673635.
2 UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF CALICUT CAMPUS, THENHIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT-673635.
3 THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, UNIVERSITY OF CALICUT CAMPUS, THENHIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT-673635.
SRI.A.N.RAJAN BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2020, ALONG WITH WP(C).18689/2020(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.18689 OF 2020(I) & con.case.
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JUDGMENT
[ WP(C).18689/2020, WP(C).19721/2020 ] Dated this the 27th day of November 2020
When these matters are called today, the learned counsel for the parties are ad idem that the University Appellate Tribunal has already disposed of the statutory appeal filed by the petitioner. In fact, the said Tribunal has also reported the same before this Court, in response to a query posed to it by the Registry of this Court, as ordered by me.
WP(C).No.18689 OF 2020(I) & con.case.
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University Appellate Tribunal appropriately, for which purpose some time will certainly have to be afforded to him.
In the afore circumstances, I close these writ petitions, without entering into the merits of any of the contentions of the rival parties; however, ordering that the interim order of stay dated 11.09.2020 against disciplinary proceedings issued in W.P.(C) No.18689/2020 shall continue to be in operation for a period of one month from the date of receipt of a copy of this judgment, so as to enable the petitioner to challenge the proceedings of the University Appellate Tribunal appositely.
Sd/- DEVAN RAMACHANDRAN
Stu
JUDGE
WP(C).No.18689 OF 2020(I) & con.case.
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APPENDIX OF WP(C) 18689/2020
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF THE COMMUNICATION DATED 15.06.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER |
|---|---|
| EXHIBIT | P2 TRUE COPY OF JUDGMENT DATED 06.07.2020 PASSED BY THIS HON'BLE COURT IN WRIT PETITION (C) 6845/2020 |
| EXHIBIT | P3 TRUE COPY OF COMMUNICATION DATED 14.08.2020 ISSUED BY 1ST RESPONDENT TO THE 3RD RESPONDENT |
| EXHIBIT | P4 TRUE COPY OF JUDGMENT DATED 21.08.2020 ISSUED BY THIS HON'BLE COURT IN WRIT PETITION (C) NO.14817/2020 |
| EXHIBIT | P5 TRUE COPY OF APPEAL NO.2 OF 2020 DATED 07.09.2020 FILED BY PETITIONER ASSAILING EXHIBIT P3 BEFORE UNIVERSITY APPELLATE TRIBUNAL, THIRUVANANTHAPURAM |
| EXHIBIT | P6 TRUE COPY OF IA 8/2020 IN APPEAL NO.2/2020 DATED 07.09.2020 FOR STAY OF EXHIBIT P3 AND DIRECTION TO 4TH RESPONDENT NOT TO PROCEED WITH DOMESTIC ENQUIRY |
| EXHIBIT | P7 TRUE COPY OF MINUTES OF DOMESTIC ENQUIRY PROCEEDINGS BEFORE THE 4TH RESPONDENT DATED 08.09.2020 |
| EXHIBIT | P8 TRUE COPY OF MINUTES OF DOMESTIC ENQUIRY PROCEEDINGS BEFORE THE 4TH RESPONDENT DATED 09.09.2020 |
| EXHIBIT | P9 TRUE COPY OF MINUTES OF DOMESTIC ENQUIRY PROCEEDINGS BEFORE THE 4TH RESPONDENT DATED 10.09.2020 |
| EXHIBIT | P10 TRUE COPY OF MINUTES OF THE HEARIG BEFORE THE VICE CHANCELLOR OF 2ND RESPONDENT UNIVERSITY DATED 15-07-2020 |
WP(C).No.18689 OF 2020(I) & con.case.
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APPENDIX OF WP(C) 19721/2020
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF ORDER OF SUSPENSION DATED 24.2.2020 BEARING NO.4A-507 ISSUED BY 6TH RESPONDENT TO PETITIONER. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WRIT PETITION NO.6845/2020 DATED 15.06.2020. |
| EXHIBIT P3 | TRUE COPY OF JUDGMENT DATED 06.07.2020 PASSED BY THIS HON'BLE COURT IN WRIT PETITION(C) 6845/2020. |
| EXHIBIT P4 | TRUE COPY OF COMMUNICATION DATED 11.06.2020 ISSUED BY 6TH RESPONDENT TO THE ENQUIRY OFFICER. |
| EXHIBIT P5 | TRUE COPY OF COMMUNICATION DATED 06.07.2020 ISSUED BY ENQUIRY OFFICER TO THE PETITIONER. |
| EXHIBIT P6 | TRUE COPY OF MINUTES OF DISCIPLINARY PROCEEDINGS DATED 18.07.2020 BY ENQUIRY OFFICER. |
| EXHIBIT P7 | TRUE COPY OF COMMUNICATION DATED 14.08.2020 ISSUED BY 1ST RESPONDENT TO THE 6TH RESPONDENT. |
| EXHIBIT P8 | TRUE COPY OF JUDGMENT DATED 21.08.2020 ISSUED BY THIS HON'BLE COURT IN WRIT PETITION (C).NO.14817/2020. |
| EXHIBIT P9 | TRUE COPY OF INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.18689/2020 ON 11.09.2020. |
| EXHIBIT P10 | TRUE COPY OF COMMUNICATION DATED 03.09.2020 ISSUED BY 6TH RESPONDENT TO THE PETITIONER. |
| EXHIBIT P11 | TRUE COPY OF MEMO OF CHARGES WITH STATEMENT OF ALLEGATIONS DATED 24.12.2019. |
| EXHIBIT P12 | TRUE COPY OF ADDITIONAL MEMO OF CHARGES WITH STATEMENT OF ALLEGATIONS DATED 05.02.2020. |
2 issues framed by the court
Whether the High Court can decide the merit of the writ petition when the statutory appeal before the University Appellate Tribunal is pending and the petitioner has not received the order.
Whether an order maintaining interim stay pending the receipt of the appeal order is appropriate.
DR. V. WILSANAND
THE REGISTRAR, UNIVERSITY OF CALICUT
UNIVERSITY OF CALICUT
CORPORATE MANAGER, SREE NARAYANA TRUST
M.S RUPESH
APPELLATE TRIBUNAL REPRESENTATIVE
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
