Disposed

St. Mary'S College Manarcaud, v. State of Kerala

Kerala HC17 Nov 2021WP(C)/12973/2021

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Director of Collegiate Education to consider the petitioner's representation within 45 days after a hearing, with the direction applying to other similarly situated persons as well.

What did the court decide?

Direction to respondent No.2 to consider representation Ext.P12 and pass an order within 45 days after hearing, extending to similarly situated persons.

St. Mary'S College Manarcaud, Vs State of Kerala — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 17^TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA, 1943 WP(C) NO. 12973 OF 2021

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PETITIONER/S:

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ST. MARY'S COLLEGE MANARCAUD, REPRESENTED BY THE MANAGER, MANARCAUD, MALAM P.O., KOTTAYAM-686 019. BY ADVS. SREEDEVI KYLASANATH ACHUTH KYLAS JOSELAL GEORGE R.MAHESH MENON DEAGO JOHN K AMAL DEV C.V.

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANATHAPURAM-695 001.

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2 THE DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, VIKAS BAHVAN P.O., THIRUVANANTHAPURAM-695 033.

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3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NEAR FIRE AND RESCUE STATION, VAYASKARAKUNNU, PALACE ROAD, KOTTAYAM-686 001.

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4 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT-686 560.

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BY ADVS. S.PRASANTH (AYYAPPANKAVU) S.SREEKUMAR (SR.) VARSHA BHASKAR ANUPAMA SIBI ROSHEN.D.ALEXANDER TINA ALEX THOMAS HARIMOHAN

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OTHER PRESENT:

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GP SRI JIMMY GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12973 OF 2021

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JUDGMENT

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Counsel for the petitioner submits that pursuant to the pendency of the writ petition as well as the direction of this Court dated 3.8.2021, respondents have issued the order dated 29.10.2021.

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As far as the prayer No.vi is concerned, there shall be a directions to the respondent No.2 to consider and pass an orders on the representation Ext.P12 filed by the petitioner within a period of 45 (forty five) days after affording an opportunity of hearing to the petitioner. Since the benefit of the order aforementioned has an inuring effect, while considering the case of the petitioner, the respondents would also take a call of other similarly situated persons.

Sd/-

AMIT RAWAL

JUDGE

sab

WP(C) NO. 12973 OF 2021

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APPENDIX OF WP(C) 12973/2021

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF THE NEWSPAPER NOTIFICATION
	FOR SELECTION TO THE NON-TEACHING STAFFS IN COLLEGE DATED 11.10.2017.
Exhibit P1 A	TRUE COPY OF THE REVISED STAFF PATTERN ON NON-TEACHING STAFF OF COLLEGE SHOWING COLLEGE HAS A TOTAL OF 21 POSTS.
Exhibit P2	TRUE COPY OF THE COMPLAINT DATED 19.10.2017 AGAINST THE SELECTION OF NON-TEACHING STAFF.
Exhibit P 2 A	TRUE COPY OF THE ADDITIONAL COMPLAINT SENT TO 1ST AND 2ND RESPONDENTS DATED 09.11.2017.
Exhibit P 3	TRUE COPY OF THE ORDER DATED 09.11.2017 OF 2ND RESPONDENT.
Exhibit P4	TRUE COPY OF THE NOTICE DATED 27.11.2017 OF 3RD RESPONDENT.
Exhibit P5	TRUE COPY OF THE ORDER DATED 27.11.2019 OF THE 4TH RESPONDENT.
Exhibit P6	TRUE COPY OF THE AMENDMENT MADE IN BYELAW, CERTIFIED BY DISTRICT REGISTRAR.
Exhibit P6 A	TRUE COPY OF THE BYELAW INCORPORATING AMENDMENT.
Exhibit P7	TRUE COPY OF THE COMMUNICATION DATED 05.11.2020 OF THE SECRETARY, ST.MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY.
Exhibit P7 A	TRUE COPY OF THE COMMUNICATION DATED 05.11.2020 OF THE MANAGER TO THE 4TH RESPONDENT, MAHATMA GANDHI UNIVERSITY.

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WP(C) NO. 12973 OF 2021

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Exhibit P8	TRUE COPY OF THE LETTER DATED 16.11.2020 OF THE PRINCIPAL ST.MARY'S COLLEGE TO THE 4TH RESPONDENT, MAHATMA GANDHI UNIVERSITY.
Exhibit P9	TRUE COPY OF THE COMMUNICATION DATED 18.11.2020 BY THE PRINCIPAL ST.MARY'S COLLEGE, MANARCAUD TO THE 2ND RESPONDENT.
Exhibit P10	TRUE COPY OF THE CONSOLIDATED STATEMENT OF WORKLOAD AND FIXATION OF STAFF STRENGTH PROPOSED BY THE ADALATH COMMITTEE ON THE BASIS OF WORKLOAD ADALATH 2018.
Exhibit P11	TRUE COPY OF THE GO(MS) NO.155/2020/HEDN DATED 01.04.2020.
Exhibit P 11 A	TRUE COPY OF THE WORKLOAD AND VACANCY (PERMANENT AND GUEST) AS ON 01.06.2021.
Exhibit P12	TRUE COPY OF THE COMMUNICATION DATED 21.06.2021 ISSUED BY THE PETITIONERS TO THE DIRECTOR OF COLLEGIATE EDUCATION.

St. Mary'S College Manarcaud, v. State of Kerala

Case brief

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St. Mary'S College Manarcaud, v. State of Kerala

Case brief

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