Kerala High Court
Rubin Thomas George vs State Of Kerala on 8 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.24104 OF 2014(K)
PETITIONER:
RUBIN THOMAS GEORGE, S/O.THOMAS GEORGE, SECRETARY, HISTORY
ASSOCIATION, III YEAR BA HISTORY STUDENT, C.M.S COLLEGE, KOTTAYAM,
RESIDING AT PUTHENPARAMBIL, PALLOM P.O., NATTAKOM VILLAGE,
KOTTAYAM.
BY ADV. SRI.B.MOHANLAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS P.O., KOTTAYAM - 686 560.
3 THE MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O.,
KOTTAYAM - 686 560.
4 THE STANDING COMMITTEE ON AFFILIATION
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O.,
KOTTAYAM - 686 560.
5 THE INSPECXTION COMMISSION FOR THE AIDED COURSE IN HISTORY
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O.,
KOTTAYAM - 686 560.
6 THE INSPECTION COMMISSION FOR THE AIDED COURSE IN MALAYALAM
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O.,
KOTTAYAM - 686 560.
7 THE PRINCIPAL, C.M.S COLLEGE, KOTTAYAM P.O., KOTTAYAM - 686 001.
8 THE MANAGER, C.M.S COLLEGE, KOTTAYAM P.O., KOTTAYAM - 686 001.
R1 BY STATE ATTORNEY
R1, R7 BY ADV. SRI.C.V.ALEXANDER
R1 BY ADV. SRI.BABU VARGHESE SR.
R1 BY ADV. SRI.V.NARAYANA SWAMI
R1-2 BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY
R2-6 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
SRI.M.R.DHANIL, G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2021, ALONG
WITH WP(C).25100/2014(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.25100 OF 2014
PETITIONER:
ANZAR S.
S/O.SALAM, FORMER STUDENT B.A. HISTORY, CMS COLLEGE, KOTTAYAM,
RESIDING AT CHIRATHALAKKAL, PERUMANNACHI P.O, THENGANA,
CHANGANACHERRY.
BY ADV. SRI.B.MOHANLAL
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE VICE CHANCELLOR
MAHATA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
KOTTAYAM-686 560.
3 MAHATA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS,
KOTTAYAM-686 560.
4 THE STANDING COMMITTEE ON AFFILIATION
MAHATA GANDHI UNIVERSITY PRIYADARSHINI HILLS P.O.,
KOTTAYAM-686 560.
5 THE INSPECTION COMMISSION FOR THE AIDED COURSE IN HISTORY
MAHATA GANDHI UNIVERSITY ,PRIYADARSHINI HILLS P.O,
KOTTAYAM-686 560.
6 THE PRINCIPAL
CMS COLLEGE P.O., KOTTAYAM-686 560.
7 THE MANAGER
CMS COLLEGE P.O., KOTTAYAM-686 560.
R1 BY STATE ATTORNEY
R1-2 BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY
R2-6 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
SRI.M.R.DHANIL, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2021, ALONG
WITH WP(C).24104/2014(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)24104/2014 & W.P.(C)25100/2014
:: 3 ::
JUDGMENT
[ W.P.(C)24104/2014 & W.P.(C)25100/2014 ]
Dated this the 8th day of April 2021
The captioned writ petitions are filed by different petitioners seeking
almost typical or rather one and the same reliefs. The reliefs sought for in
W.P.(C)No.24104 of 2014 is extracted for convenience.
"i) to call for the records leading to Ext.P1 to P4 from the
respondents and to issue a writ of certiorari or other
appropriate writ, order or direction quashing Ext.P2 Order to
the extent it orders sanctioning M.A.(Malayalam) under Aided
Stream in C.M.S. College, Kottayam for the year 2013-2014.
ii) to issue a writ of mandamus or other appropriate writ, order
or direction commanding the respondents to start M.A.
(History) under Aided Stream in C.M.S. College, Kottayam for
the Academic Year 2013-14 within a stipulated time as directed
by this Hon'ble Court taking into consideration of the sanction
already given by the respondents.
iii) to declare that the respondents are entitled to start M.A.
(History) under Aided Stream in C.M.S. College, Kottayam for
the Academic Year 2013-14 taking into consideration of the
sanction already given by the respondents.
iv) to declare that sanction of M.A.(Malayalam) under Aided
Stream in C.M.S. College, Kottayam as per Ext.P2 order is
strictly in violation of the Provisions of the Mahatma Gandhi
University Statutes, Ordinance, Regulations and Norms of the
Government and is unconstitutional.
v) to issue a writ of mandamus or other appropriate writ, order
or direction commanding the respondents 1 and 3 to consider
and dispose of Ext.P5 and P6 within a stipulated time as
W.P.(C)24104/2014 & W.P.(C)25100/2014
:: 4 ::
directed by this Hon'ble Court and till then the operation and
implementation of all further proceedings for admission of the
students for M.A.(Malayalam) in Aided Stream in C.M.S. College,
Kottayam pursuant to Ext.P2 Order may be kept in abeyance."
Today, when the matter is taken up, learned counsel for the
petitioners submitted that the subject matter has become infructuous.
Therefore, the writ petitions are dismissed as infructuous.
SD/-
SHAJI P. CHALY
JUDGE
jes
