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The Sacred Heart College, Thevara, v. the State of Kerala

Kerala HC12 Aug 2022WP(C)/9235/2022

Case brief

AI extract

What is this about?

This writ petition sought a direction for the Government to consider the petitioners' representation (Ext.P6) concerning the 5th respondent's appointment as guest lecturer. The Court directed the competent authority to dispose of the representation within three months after hearing all parties, with liberty to the petitioners to approach the University thereafter.

What did the court decide?

Directed the competent Government authority to consider Ext.P6 representation, afford hearing to parties, and dispose of the matter within three months.

The Sacred Heart College, Thevara, Vs the State of… — Education and Admissions | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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FRIDAY, THE 12^TH DAY OF AUGUST 2022 / 21ST SRAVANA, 1944

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WP(C) NO. 9235 OF 2022

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PETITIONERS:

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1 THE SACRED HEART COLLEGE, THEVARA, ERNAKULAM DISTRICT, KOCHI-682 013, REPRESENTED BY ITS MANAGER.

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2 THE PRINCIPAL, SACRED HEART COLLEGE, THEVARA, ERNAKULAM DISTRICT, KOCHI-682 013.

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BY ADVS. GEORGE SEBASTIAN ARUN LUCKOSE ABRAHAM

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 THE DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BAHVAN, PALAYAM, THIRUVANANTHAPURAM, PIN-695 033.

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3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, HOSPITAL ROAD, NEAR MCRV MEN'S HOSTEL 11, SHENOYS, ERNAKULAM, KERALA-682 011.

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4 THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS POST, UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KERALA, PIN-686 560.

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5 DR.(FR) JOBI.M.J., DEPARTMENT OF ZOOLOGY, SACRED HEART COLLEGE (AUTONOMOUS), THEVARA, ERNAKULAM DISTRICT, KOCHI-682 013. BY ADVS. C.A.CHACKO C.M.CHARISMA, SRI.SURIN GEORGE IPE - SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2022,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 9235 OF 2022

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J U D G M E N T

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When this matter was called today, the learned counsel for the petitioners – Sri.George Sebastian, submitted that, for the time being, his client will be satisfied if the Government is directed to take up Ext.P6 and dispose it of as per law. He, however, prayed that liberty be reserved to his clients to approach the University resultant to the order to be issued by the Government after consideration of Ext.P6.

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Sri.Surin George Ipe – learned Standing Counsel for the University and the learned Government Pleader – Smt.Resmi Thomas did not oppose the afore request of the petitioner.

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Resultantly, I order this writ petition and direct the competent Authority of the Government to take up Ext.P6 representation of the petitioners and dispose of the same, after affording them and the 5^th respondent, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible but not later than three months from the date of receipt of a copy of this judgment.

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Needless to say, on the Government issuing orders as afore, the petitioners will be at liberty to produce the same before the University; in which event, Ext.P5 will be taken up by its competent Authority and disposed of in terms of law, without any avoidable delay thereafter.

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SD/-

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DEVAN RAMACHANDRAN JUDGE

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WP(C) NO. 9235 OF 2022

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	APPENDIX OF WP(C) 9235/2022
PETITIONER EXHIBITS
Exhibit P1	A TRUE COPY OF THE COMMUNICATION DATED 03.06.2020 ISSUED BY THE 3RD RESPONDENT APPROVING THE APPOINTMENT OF THE 5TH RESPONDENT AS GUEST LECTURER.
Exhibit P2	A TRUE COPY OF THE APPOINTMENT ORDER DATED 15.09.2020 ISSUED BY THE 1ST PETITIONER.
Exhibit P3	A TRUE COPY OF THE JOINING REPORT OF THE 5TH RESPONDENT DATED 15.09.2020 ISSUED BY THE 2ND PETITIONER.
Exhibit P4	A TRUE COPY OF THE COMMUNICATION DATED 09.12.2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P5	A TRUE COPY OF THE COMMUNICATION DATED 15.12.2021 ISSUED BY THE 1ST PETITIONER TO THE 4TH RESPONDENT.
Exhibit P6	A TRUE COPY OF THE REPRESENTATION DATED 14.01.2022 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT.
Exhibit P7	A TRUE COPY OF THE ORDER DATED 14.02.2011 ISSUED BY THE 1ST RESPONDENT.
Exhibit P8	A TRUE COPY OF THE ORDER DATED 05.06.2014 ISSUED BY THE 1ST RESPONDENT.
Exhibit P9	A TRUE COPY OF THE COMMUNICATION DATED 06.02.2022 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.

The Sacred Heart College, Thevara, v. the State of Kerala

Case brief

What is this about?

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The Sacred Heart College, Thevara, v. the State of Kerala

Case brief

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