Arathy Gandhi vs Mohandas College Of Engineering ...
2022 Latest Caselaw 7413 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                      WP(C) NO. 40930 OF 2018
PETITIONER:

          ARATHY GANDHI,
          AGED 33 YEARS
          W/O SREEJESH,PRASADAM,T.C.31/448(3)
          MADHUMUKKU LANE,ANAYARA.P.O,
          THIRUVANANTHAPURAM-695029 (LAST WORKED AS ASSISTANT
          PROFESSOR,MOHANDAS C0LLEGE OF ENGINEERING AND
          TECHNOLOGY,ANADU,NEDUMANGAD,
          THIRUVANANTHAPURAM-695544.).
          BY ADVS.
          K.JAGADEESH
          SMT.V.RENJU


RESPONDENTS:

    1     MOHANDAS COLLEGE OF ENGINEERING AND TECHNOLOGY,
          ANAD,NEDUMANGAD,THIRUVANANTHAPURAM-695544,
          REPRESENTED BY ITS CHIEF ADMINISTRATOR.
    2     APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
          C.E.T.CAMPUS,THIRUVANANTHAPURAM-695016,REPRESENTED
          BY THE REGISTRAR.
    3     KERALA UNIVERSITY,
          UNIVERSITY SENATE CAMPUS, PALAYAM,
          THIRUVANANTHAPURAM,REPRESENTED BY ITS REGISTRAR-
          695004.
    4     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY,
          DEPARTMENT OF HIGHER
          EDUCATION,SECRETARIAT,THIRUVANANTHAPURAM-695001.
          BY ADVS.
          SRI.P.RAMAKRISHNAN
                                           2



W.P.(C)No. 40930 of 2018.




              SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
              SMT.PREETHI RAMAKRISHNAN (P-212)
              SRI.T.C.KRISHNA
              SMT.ASHA K.SHENOY
              SRI.PRATAP ABRAHAM VARGHESE




              SRI S KRISHNAMOORTHY-SC; SMT RESMI THOMAS -GP



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.06.2022,       THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                 3



W.P.(C)No. 40930 of 2018.




                            JUDGMENT

Dated this the 24th day of June, 2022.

I do not require to go into the merits of the rival

contentions of the parties in this case because the order

impugned, namely Ext.P3, terminating the services of the

petitioner by the 1st respondent - Mohandas College of

Engineering and Technology, has been already assailed

by her before the University Appellate Tribunal, through a

statutory appeal; but it has not been considered yet and

kept pending, through Ext.P4 order, for the singular

reason that no statutory notification had been issued by

the Government authorizing it to act as the Appellate

Tribunal of the APJ Abdul Kalam University.

W.P.(C)No. 40930 of 2018.

2. Now that it is admitted at the Bar that the

Government has issued a notification authorizing the

Tribunal to consider appeals arising from the services

under the afore mentioned University, I am certain that

the appeal of the petitioner must be considered on its

merits.

Resultantly, I direct the Kerala University Appellate

Tribunal to take up the appeal of the petitioner, which is

numbered as U.A. No.4/2017, and dispose of the same -

if it is still pending, after affording necessary opportunity

of being heard to the petitioner; thus culminating in an

appropriate order and necessary action thereon, as

expeditiously as is possible but not later than four

months from the date of receipt of a copy of this

judgment.

W.P.(C)No. 40930 of 2018.

To obtain an expeditious compliance of the afore

directions, I allow the petitioner to produce a certified

copy of this judgment before the Tribunal; in which event,

the afore time frame will run from the date on which it is

so done.

For this purpose, both sides shall appear before the

Tribunal on 15.07.2022.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/24.06.2022.

W.P.(C)No. 40930 of 2018.

APPENDIX OF WP(C) 40930/2018

PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTOSTAT COPY OF THE APPOINTMENT ORDER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 13.9.2006.

EXHIBIT P2 A TRUE PHOTOSTAT COPY OF G.O(RT)NO.2077/2015/H.EDN DATED 13/8/2015 EXHIBIT P3 A TRUE PHOTOSTAT COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 10.5.2017. EXHIBIT P4 A TRUE PHOTOCOPY OF THE ORDER OF THE KERALA UNIVERSITY APPELLATE TRIBUNAL,THIRUVANANTHAPURAM DATED 28.2.2018.

RESPONDENT EXHIBITS EXHIBIT R1(A) TRUE COPY OF LETTER DATED 12.09.2006 WRITTEN BY THE PETITIONER EXHIBIT R1(B) TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY UNIVERSITY OF KERALA EXHIBIT R1(C) TRUE COPY OF LEAVE APPLICATION SEEKING LEAVE FOR 3 DAYS FROM 09.05.2017 EXHIBIT R1(D) TRUE COPY OF E-MAIL DATED 15.05.2017

W.P.(C)No. 40930 of 2018.

SENT BY THE PETITIONER EXHIBIT R1(E) TRUE COPY OF LETTER DATED 14.06.2017 FROM THE PETITIONER TO THE 1 RESPONDENT PETITIONER EXHIBITS Exhibit P5 TRUE PHOTOSTAT COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT Exhibit P6 TRUE PHOTOSTAT COPY OF THE BUS PASS ISSUED BY THE 1ST RESPONDENT Exhibit P7 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE LIST PUBLISHED BY ALCTE SHOWING THE DETAILS OF THE PETITIONER. Exhibit P8 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE LIST APPROVED FACULTIES PUBLISHED BY APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY Exhibit P9 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE PASS BOK OF CANARA BANK IN THE NAME OF THE PETITIONER Exhibit P10 TRUE PHOTOSTAT COPY OF THE EMPLOYMENT CERTIFICATE ISSUED TO THE PETITIONER DATED 28.9.2017 Exhibit P11 TRUE PHOTOSTAT COPY OF THE RECEIPT DATED 3.5.2017 Exhibit P12 TRUE PHOTOSTAT COPY OF THE BIRTH

W.P.(C)No. 40930 of 2018.

CERTIFICATE OF THE CHILD ISSUED BY HEALTH INSPECTOR GRADE I OF THE THIRUVANANTHAPURAM CORPORATION DATED 8.8.2017 Exhibit P13 TRUE PHOTOSTAT COPY OF THE NOTIFICATION ISSUED BY AICTE DATED 28.4.2017 Exhibit P14 TRUE PHOTOSTAT COPY OF THE ADVERTISEMENT ISSUED BY THE 1ST RESPONDENT IN MALAYALA MANORAMA DAILY DATED 29.9.2021 RESPONDENT EXHIBITS Exhibit R1 TRUE COPY OF LETTER DATED 12.09.2006 WRITTEN BY THE PETITIONER.