Sobin George vs State Of Kerala
2021 Latest Caselaw 15700 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
      FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                     WP(C) NO. 14455 OF 2021
PETITIONER:
           SOBIN GEORGE
           AGED 36 YEARS
           SON OF GEORGE.V.P,MECHANIC,NIRMALA
           COLLEGE,MUVATTUPUZHA,ERNAKULAM DISTRICT-686661.
           (RESIDING AT VENDERAMYALIL,
           MUVATTUPUZHA,ERNAKULAM DISTRICT-686661).

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           HIGHER EDUCATION DEPARTMENT,SECRETARIAT,
           THIRUVANANTHAPURAM-695001.
     2     THE DIRECTOR OF COLLEGIATE EDUCATION
           VIKAS BHAVAN,THIRUVANANTHAPURAM-695033.
     3     THE CORPORATE MANAGER,
           CORPORATE EDUCATIONAL AGENCY,DIOCESE OF
           KOTHAMANGALAM,BISHOP'S HOUSE,KOTHAMANGALAM,ERNAKULAM
           DISTRICT-686691.
     4     THE PRINCIPAL
           NIRMALA COLLEGE,MUVATTUPUZHA,ERNAKULAM DISTRICT-
           686661.
           BY ADVS.
           BABY ISSAC ILLICKAL
           ISAAC KURUVILLA ILLIKAL FOR R3 AND R4


OTHER PRESENT:
           SRI. BIJOY CHANDRAN- SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14455 OF 2021
                                      2

                               JUDGMENT

This writ petition is filed seeking the following prayers:-

"(i) call for the records leading to Exhibit P16 and set aside the original of the same it by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to consider and pass orders on Exhibit P17 within a time limit and with notice to the petitioner."

2. Heard the learned counsel for the petitioner and

the learned counsel appearing for respondents 3 and 4.

3. It is submitted by the learned counsel for the

petitioner that the petitioner was appointed as Mechanic in

the 4th respondent's college. It is submitted that his probation

was not declared and that the petitioner has been

discharged from service without any enquiry. The petitioner

submits that he has preferred Ext.P17 appeal before the

Director and seeks a consideration of the same.

4. The learned counsel appearing for respondents 3

and 4 submits that the proper remedy available to the WP(C) NO. 14455 OF 2021

petitioner is to approach the Tribunal in terms of the

Mahatma Gandhi University Act and Statutes. It is submitted

that the provisions of Section 61 of the Act are specifically

applicable to non-teaching staff also as provided in Section

67 thereof. Section 67 of the Mahatma Gandhi University Act,

1985 provides that the provisions of this chapter shall, so far

may be, apply to the non-teaching staff of the private

colleges. Section 67 of the MGU act reads as follows:-

"67. Non-teaching staff of Private Colleges:- (1) Provisions of this Chapter shall, so far may be, apply to the non-teaching staff of the private colleges.

(2) Subject to the provisions of sub-section (1), the method of appointment, pay and other conditions of service of the non-teaching staff of private colleges shall be such as may be prescribed by the Statutes."

5. The learned counsel for the petitioner submits that

on condition that no objection will be raised with regard to

the maintainability of an appeal before the appellate

tribunal, the writ petition can be closed.

6. The writ petition is, accordingly, closed with liberty WP(C) NO. 14455 OF 2021

to the petitioner to approach the University Appellate

Tribunal. If an appeal is preferred within three weeks from

today, the same shall be considered, in accordance with law

with notice to parties.

Sd/-

ANU SIVARAMAN JUDGE Bng/02.08.2021 WP(C) NO. 14455 OF 2021

APPENDIX OF WP(C) 14455/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO.F4/20915/2019/COLL.EDN.DEPT/K.DIS.DATED 11.10.2019 OF THE DIRECTOR OF COLLEGIATE EDUCATION

Exhibit P2 TRUE COPY OF THE INFORMATION RECEIVED UNDER THE RIGHT TO INFORMATION ACT VIDE NO.E1/13459/2020/DCE DATED 15.04.2020

Exhibit P2(A) TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT MADE BY THE PETITIONER

Exhibit P3 TRUE COPY OF THE G.O.(MS)KNO.60/2016/H.EDN DATED 29.02.2016

Exhibit P3(A) TRUE COPY OF THE TABLE APPENDED TO THE G.O.

(MS)NO.60/2016/H.EDN DATED 29.02.2016

Exhibit P4 TRUE COPY OF THE CIRCULAR NO.E1/41800/2018/COL.EDN DATED 16.11.2018 OF THE DIRECTOR OF COLLEGIATE EDUCATION

Exhibit P5 TRUE COPY OF THE MEMO OF CHARGES VIDE NO.CEK/HE/319/2020 DATED 04.05.2020 ISSUED BY 3RD RESPONDENT

Exhibit P5(A) TRUE COPY OF THE CHARGE SHEET VIDE NO.CEK/HE/321/2020 DATED 12.05.2020 ISSUED BY 3RD RESPONDENT

Exhibit P6 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 16.05.2020

Exhibit P7 TRUE COPY OF THE LETTER NO.CEK/HE/326/2020 WP(C) NO. 14455 OF 2021

DATED 19.05.2020 OF THE 3RD RESPONDENT

Exhibit P8 TRUE COPY OF THE LETTER NO.CEK/HE/327/2020 DATED 29.05.2020 OF THE 3RD RESPONDENT

Exhibit P9 TRUE COPY OF THE ENQUIRY REPORT DATED 29.05.2020 FURNISHED BY THE ENQUIRY OFFICERS TO THE MANAGER

Exhibit P9(A) TRUE COPY OF THE COVERING LETTER NO.CEK/HE/328/2020 DATED 01.06.2020 OF THE 3RD RESPONDENT

Exhibit P10 TRUE COPY OF THE LETTER NO.CEK/HE/330/2020 DATED 02.06.2020 OF THE MANAGER

Exhibit P11 TRUE COPY OF THE APPEAL MEMORANDUM DATED 06.06.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT (WITHOUT EXHIBITS)

Exhibit P12 TRUE COPY OF THE ORDER NO.F4/18412/2020/DCE DATED 17.02.2021 OF THE 2ND RESPONDENT.

Exhibit P13 TRUE COPY OF THE SHOW CAUSE NOTICE VIDE LETTER OF THE MANAGER ADDRESSING THE PETITIONER DATED 07.04.2021

Exhibit P14 TRUE COPY OF THE LETTER DATED 21.01.2021 ADDRESSING THE PRINCIPAL BY THE FATHER JUSTINE K.KURIAKOSE

Exhibit P14(A) TRUE COPY OF THE LETTER DATED 10.02.2021 ADDRESSING THE PRINCIPAL BY THE SRI.SAJI JOSEPH

Exhibit P14(B) TRUE COPY OF THE LETTER DATED 10.02.2021 ADDRESSING THE PRINCIPAL BY THE PROF.PHILIP AUGUSTINE,HOD OF CHEMISTRY DEPARTMENT

Exhibit P14(C) TRUE COPY OF THE LETTER DATED 15.03.2021 WP(C) NO. 14455 OF 2021

ADDRESSING THE PRINCIPAL BY DR.GEORGE JAMES.T,HOD OF PHYSICS DEPARTMENT

Exhibit P14(D) TRUE COPY OF THE LETTER DATED 27.03.2021 ADDRESSING THE MANAGER BY THE PRINCIPAL

Exhibit P15 TRUE COPY OF THE EXPLANATION VIDE LETTER ADDRESSING THE MANAGER BY THE PETITIONER DATED NIL

Exhibit P16 TRUE COPY OF THE LETTER OF THE MANAGER ADDRESSING THE PETITIONER VIDE NO.CEK/HE/2021 DATED 30.04.2021

Exhibit P17 TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 15.06.2021.