Kerala High Court
Ranjith C vs The Kerala Technological University on 12 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 39849 OF 2017
PETITIONER:
RANJITH C
S/O RAMAKRISHNAN, AGED 31 YEARS, SHRUTHILAYAM,
CHATANCHAL, THEKKIL P.O., KASARAGOD DISTRICT, PIN:671 541.
BY ADV SMT.M.R.JAYALATHA
RESPONDENTS:
1 THE KERALA TECHNOLOGICAL UNIVERSITY
ALATHARA ROAD, CET CAMPUS, AMBADY NAGAR,
THIRUVANANTHAPURAM, PIN:695 016,
REPRESENTED BY ITS REGISTRAR.
2 SREE NARAYANA GURUKULAM COLLEGE OF ENGINEERING
KADAYIRUPPU P.O., KOLENCHERY, PERUMBAVOOR, PIN:683 542,
REPRESENTED BY ITS PRINCIPAL.
3 THE EXECUTIVE DIRECTOR
SREE NARAYANA GURUKULAM COLLEGE OF ENGINEERING,
KADAYIRUPPU P.O., KOLENCHERY, PERUMBAVOOR, PIN:683 542.
BY ADVS.
SMT.PRINCY XAVIER, SR.GP
SRI. ELVIN PETER, SC, APJ ABDUL KALAM TECHNOLOGICAL
UNIVERSITY
SRI.T.A.RAJAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 39849 OF 2017
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.39849 of 2017
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Dated this the 12th day of April, 2024
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) Issue a writ of certiorari quashing Ext.P4 order passed by the 3rd respondent finding that the same is illegal;
(ii) Issue a writ of mandamus or any other writ, order or direction commanding the 2nd and 3rd respondents to reinstate the petitioner in service as Assistant Professor in the Department of Mechanical Engineering;
(iii) Issue a writ of mandamus or any other writ, order or direction directing the 1st respondent to consider and pass orders on Ext.P5 representation filed by the petitioner within a time frame fixed by this Hon'ble Court.
WP(C) NO. 39849 OF 2017 3
(iv) issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case." SIC
2. This writ petition is pending before this Court from 2017 onwards. The petitioner is aggrieved by Ext.P4 order, by which he is terminated from service. No interim order is passed in this case. I am of the considered opinion that, the remedy of the petitioner is not under Article 226 of the Constitution of India. The petitioner is given liberty to challenge Ext.P4, in accordance with law.
With the above observation, this writ petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 39849 OF 2017 4 APPENDIX OF WP(C) 39849/2017 PETITIONER EXHIBITS EXHIBIT P1: A TRUE COPY OF THE B.E. DEGREE CERTIFICATE.
EXHIBIT P2: A TRUE COPY OF THE M.TECH DEGREE CERTIFICATE.
EXHIBIT P3: A TRUE COPY OF THE PROCEEDING OF THE 3RD RESPONDENT.
EXHIBIT P4: A TRUE COPY OF THE TERMINATION ORDER NO.SNGCE/AD/B-1/FL017/15 DATED 8.12.2017.
EXHIBIT P5: A TRUE COPY OF THE REPRESENTATION DATED 9.12.2017.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE