Kerala High Court
M.G University vs Shoyab K.A on 25 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
WA NO. 589 OF 2024
AGAINST THE ORDER DATED 09.04.2024 IN WP(C) NO.15097 OF 2024 OF HIGH COURT
OF KERALA
APPELLANT/RESPONDENTS 4 TO 6:
1 M.G UNIVERSITY
REP BY ITS REGISTRAR ATHIRAMPUHA, KOTTAYAM, KERALA, PIN -
686560
2 THE REGISTRAR
M.G UNIVERSITY ATHIRAMPUHA, KOTTAYAM, KERALA, PIN - 686560
3 THE VICE CHANCELLOR
M.G UNIVERSITY, ATHIRAMPUHA, KOTTAYAM, KERALA, PIN - 686560
BY ADVS.
SURIN GEORGE IPE
ELVIN PETER P.J. (SR.)(K/000445/1990)
RESPONDENTS/WRIT PETITIONERS AND RESPONDENTS 1 TO 3:
1 SHOYAB K.A
AGED 54 YEARS
S/O K.I ALI, SECTION OFFICER, M.G UNIVERSITY FRONT OFFICE,
4 SECTION, M.G UNIVERSITY, KOTTAYAM RESIDING AT'GAZAL'
LAKSHMINAGAR, KAVILPAD, OLAVAKKODE, PALAKKAD DISTRICT, PIN -
678012
2 KAVITHA K.S
AGED 42 YEARS
W/O VINOD T.R SECTION OFFICER CBCSS 14, M.G UNIVERSITY,
KOTTAYAM RESIDING AT SOWPARNIKA VALLE, FLAT 3E ATHIRAMPUHA,
KOTTAYAM, PIN - 686562
3 STATE OF KERALA
REP BY CHIEF SECRETARY TO GOVT. GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
4 THE SECRETARY TO GOVERNMENT
HIGHER EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
5 THE SECRETARY TO GOVERNMENT
SOCIAL JUSTICE DEPARTMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
WA NOS. 589 OF 2024 & 593 OF 2024
2
BY ADVS.
SHAMEENA SALAHUDHEEN
ADVOCATE GENERAL OFFICE KERALA
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL()
K.B.RAMANAND(K/54/1988)
SHRI.K.B.RAMANAND. SPL. G.P. TO A.A.G()
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25.04.2024, ALONG
WITH WA.593/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NOS. 589 OF 2024 & 593 OF 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
WA NO. 593 OF 2024
AGAINST THE ORDER DATED 09.04.2024 IN WP(C) NO.13766 OF 2024 OF HIGH COURT
OF KERALA
APPELLANT/RESPONDENTS 4 AND 5:
1 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O.,
KOTTAYAM, PIN - 686560
2 THE REGISTRAR
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O.,
KOTTAYAM, PIN - 686560
BY ADV SURIN GEORGE IPE
RESPONDENT/WRIT PETITIONERS AND RESPONDENTS:
1 KAVITHA S
AGED 41 YEARS
D/O. R. SELVARAJ, SECTION OFFICER (HIGHER GRADE), MAHATMA
GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM - 686
560 RESIDING AT RAJ BHAVAN, PUZHAVATHU, CHANGANASSERY,
KOTTAYAM, PIN - 686101
2 RADHAKRISHNAN V.S
AGED 49 YEARS
S/O. V.K SIVANANDY, SECTION OFFICER, MAHATMA GANDHI
UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM - 686 560
RESIDING AT VADAKKEMANGLATH HOUSE, MONASTRY ROAD,
KARIKKAMURI, ERNAKULAM, PIN - 682011
3 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4 THE SECRETARY TO GOVERNMENT
HIGHRT EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
5 THE SECERETARY TO GOVERNMENT
SOCIAL JUSTICE DEPARTMENT GOVERNMENT SECRETARIAT,
WA NOS. 589 OF 2024 & 593 OF 2024
4
THIRUVANATHAPURAM, PIN - 682031
BY ADVS.
Nandakumar P
ADVOCATE GENERAL OFFICE KERALA
VIVEK VIJAYAKUMAR(K/1018/2016)
SILPA SREEKUMAR(K/228/2023)
MERIN K JIMMY(K/003922/2023)
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL()
SHRI.K.B.RAMANAND. SPL. G.P. TO A.A.G()
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25.04.2024, ALONG
WITH WA.589/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WA NOS. 589 OF 2024 & 593 OF 2024
5
JUDGMENT
V.G.ARUN(J) Taking into account the submission of the learned Standing Counsel appearing for the University that five persons, who are entitled for promotion based on seniority, will have to retire without promotion by reason of the interim order dated 09.04.2024, we deem it appropriate to modify the impugned order as under:-
"The interim order dated 09.04.2024 will not stand in the way of persons entitled for promotion based on seniority being provisionally promoted, subject to the outcome of the writ petition".
As nothing survives for consideration in these appeals in view of the clarification, the writ appeals are closed, leaving it open for the parties to raise all contentions before the learned Single Judge.
SD/-
V.G.ARUN JUDGE SD/-
M.B. SNEHALATHA JUDGE rp