Writ appeal by a university against a judgment approving a retired associate professor's appointment as principal, after two earlier rounds where the High Court set aside the University's rejections. Court noted the appeal was an abuse of process and dismissed it with exemplary costs; counsel sought withdrawal, which was permitted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945
WA NO. 336 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 26.09.2023 IN WP(C) NO.16958 OF
2023 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 AND 2:
1 MAHATMA GANDHI UNIVERSITYPRIYADARSHINI HILLS, KOTTAYAM,
REPRESENTED BY ITS REGISTRAR, PIN – 686560
2 THE VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM, PIN – 686560BY ADV SHRI.SURIN GEORGE IPE, SC, M.G.UNIVERSITY
RESPONDENT(S)/PETITIONER AND RESPONDENT NO.3:
1CIBI KOMALAN
AGED 58 YEARS
W/O.V.V.MURALI, ASSOCIATE PROFESSOR,
DEPARTMENT OF CHEMISTRY (RETIRED) S.N.M.COLLEGE,
MALIANKARA, ERNAKULAM RESIDING AT VALLATTUTHARA HOUSE,
ANUGRAHA, CANAL ROAD, N.PARAVUR ERNAKULAM - 683 513,
PIN – 683516
2 THE MANAGER S.N.M. COLLEGE, MALIANKARA, ERNAKULAM, PIN – 683516BY ADV K.B.GANGESH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.03.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO.336 OF 2024
2
JUDGMENT
Amit Rawal, J.
3
WA NO.336 OF 2024
respondent as principal by promotion with effect from 01.10.2016 on the same ground of not having experience.
been brought upon the reasoning assigned by the University with regard to API score or other research programme,
there was no occasion for the University to repeat the same mistake, despite that they have chosen to file appeal, with an application for seeking condonation delay of 41 days. It is totally abuse of the process of the court and therefore liable to be dismissed with exemplary costs. At this stage, Mr.Surin George, learned counsel for the appellant seeks permission to withdraw this writ appeal. Ordered accordingly.
Sd/-
AMIT RAWAL JUDGE
Sd/-
C.S. SUDHA JUDGE
nak
1 issue framed by the court
Whether the writ appeal challenging the rejection of approval of the respondent as principal should be admitted, given prior judgments had already set aside the University's grounds.
Mahatma Gandhi University
The Vice Chancellor Mahatma Gandhi University
Cibi Komalan
The Manager S.N.M. College, Maliankara
Amit Rawal
C.S. Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court