Disposed

Prof. A.S. Thomas (Retd) v. Manager, B.A.M. College

Kerala HC26 Oct 2023WA/1782/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of two writ appeals challenging an interim order directing a University to consider a panel of experts for selection of Assistant Professors at Bishop Abraham Memorial College. The Court decided not to interfere with the order but directed that any proposed appointment must be intimated to the Court before University approval.

What did the court decide?

Interim order directing University to consider panel of experts was not interfered with; however, proposed appointments must be intimated to the Court before approval.

Prof. A.S. Thomas (Retd) Vs Manager, B.A.M… — Pension and Retirement Benefits | Kerala HC (2023)

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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THURSDAY, THE 26^TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945 WA NO. 1776 OF 2023

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AGAINST THE ORDER DATED 25.08.2023 IN WP(C)NO.38797/2022

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APPELLANT/PETITIONER:

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PROF. A.S. THOMAS (RETD.), AGED 90 YEARS, S/O.LATE A.C.SKARIAH, TREASURER, BISHOP ABRAHAM MEMORIAL TRUST, THURUTHICADU, NOW RESIDING AT APPAKKOTTUMURIYIL, THURUTHICADU,P.O., KALLOOPPARA, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN – 689597.

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BY ADVS. P.HARIDAS BIJU HARIHARAN SHIJIMOL M.MATHEW P.C.SHIJIN ROSHIN MARIAM JACOB

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, PALAYAM, THIRUVANANTHAPURAM, PIN – 695033.

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3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM, VAYASKARAKUNNU, PALACE ROAD, KOTTAYAM, KERALA, PIN – 686001.

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4 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS POST OFFICE,

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W.A.Nos.1776 & 1782/2023 2

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MAHATMA GANDHI UNIVERSITY, UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KERALA, INDIA, PIN – 686560.

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5 TAHSILDAR (LAND RECORDS), MALLAPPALLY, PIN – 689645.

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6 PRINCIPAL, BISHOP ABRAHAM MEMORIAL COLLEGE (B.A.M. COLLEGE), THURUTHICAD P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN – 689597.

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7 BAM TRUST ASSOCIATION, REPRESENTED BY ITS PRESIDENT DR. ISRAEL THOMAS, VENPARAMPIL HOUSE, NIRANAM P.O., THIRUVALLA, PATHANAMTHITTA, PIN – 689621.

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8 DR.ISRAEL THOMAS, VENPARAMPIL HOUSE, NIRANAM P.O., THIRUVALLA, PATHANAMTHITTA, PIN – 689621.

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9 DR.ABRAHAM J. GEORGE, MARETTUMADOM, H.I 117, SKYLINE APARTMENT, KUTTAPPUZHA P.O., THIRUVALLA E-MAIL [email protected], PIN – 689103.

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BY ADV. LIJI J. VADAKKEDOM

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BY SRI.SAIGY JACOB PALATTY, SENIOR GOVERNMENT PLEADER BY SRI. SUVIN GEORGE IPE, STANDING COUSNEL

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26.10.2023, ALONG WITH W.A.NO.1782/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.Nos.1776 & 1782/2023 3

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 26^TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945

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WA NO. 1782 OF 2023

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AGAINST THE ORDER DATED 25.08.2023 IN WP(C) 11005/2023

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APPELLANT:

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PROF. A.S. THOMAS (RETD.), AGED 90 YEARS, S/O. A.C. SKARIAH, TREASURER, BISHOP ABRAHAM MEMORIAL TRUST, THURUTHICADU, NOW RESIDING AT APPAKKOTTUMURIYIL, THURUTHICADU P.O., KALLOOPPARA, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN – 689597.

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BY ADVS. P.HARIDAS BIJU HARIHARAN SHIJIMOL M.MATHEW P.C.SHIJIN ROSHIN MARIAM JACOB

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RESPONDENTS:

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1 MANAGER, B.A.M. COLLEGE, THURUTHICADU, PATHANAMTHITTA DISTRICT, PIN – 689597.

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2 MAHATMA GANDHI UNIVERSITY, REP. BY REGISTRAR OFFICE OF THE MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM, PIN – 686560.

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W.A.Nos.1776 & 1782/2023 4

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3 VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY OFFICE OF THE MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM, PIN – 686560.

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4 REGISTRAR, MAHATMA GANDHI UNIVERSITY, OFFICE OF THE MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM, PIN – 686560.

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5 STATE OF KERALA REPRESENTED BY THE SECRETARY TO HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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BY ADV LIJI J.VADAKKEDOM

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BY SRI.SAIGY JACOB PALATTY, SENIOR GOVERNMENT PLEADER BY SRI.SUVIN GEORGE IPE, STANDING COUSNEL

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26.10.2023, ALONG WITH W.A.No.1776/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.Nos.1776 & 1782/2023 5

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J U D G M E N T

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[W.A.Nos.1776/2023 & 1782/2023]

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A.Muhamed Mustaque, J .

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These writ appeals are at the instance of the writ petitioner in W.P.(C) No.38797/2022 who is also one of the respondents in the connected matter. The matter is related to the appointment to be made in the post of Assistant Professor, teaching and nonteaching staff in Bishop Abraham Memorial College, Thuruthicadu. There appears to be a dispute regarding the title and management. The learned Single Judge passed an interim order directing the University to consider a panel of experts for approval to conduct selection. This was at the instance of respondents 6 to 9 in W.A.No.1776/2023. This is questioned in these writ appeals. The interim order as mentioned above need not be interfered with by this Court in these writ appeals. The matter is yet to be heard by the learned Single Judge. The learned Single Judge will have to address all the questions raised by the parties.

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W.A.Nos.1776 & 1782/2023 6

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However, we are of the view that any appointment proposed based on any selection shall be intimated to the court before its approval by the University and that will be subject to further orders of the learned Single Judge.

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The writ appeals stand disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN, JUDGE

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W.A.Nos.1776 & 1782/2023 7

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APPENDIX OF WA 1776/2023

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PETITIONER'S ANNEXURES:

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ANNEXURE 1 TRUE COPY OF THE ADVERTISEMENT INVITING APPLICATION PUBLISHED IN THE NEWSPAPER DATED 25.11.2022

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RESPONDENTS' ANNEXURES:

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ANNEXURE -R9(A) THE COPY OF THE JUDGMENT DATED 30.9.2023 IN O.S. 73/2013 BEFORE THE SUB COURT, THIRUVALLA.

Prof. A.S. Thomas (Retd) v. Manager, B.A.M. College

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Prof. A.S. Thomas (Retd) v. Manager, B.A.M. College

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