St.Mary'S College Manarcaud vs State Of Kerala
2022 Latest Caselaw 10110 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                       WP(C) NO. 27154 OF 2022


PETITIONERS:

    1     ST.MARY'S COLLEGE MANARCAUD
          REPRESENTED BY THE MANAGER,
          MALAM.P.O, KOTTAYAM-686019.

    2     PRINCE ELIAS, AGED 60 YEARS, S/O.FR.MATHEW P.ELIAS,
          PAZHAYIDATHUVAYALIL HOUSE MALAM.P.O, MANARCAUD,
          KOTTAYAM -686019, MANGER, ST.MARY'S COLLEGE,
          MANARCAUD & CHAIRMAN, ST.MARY'S JACOBITE SURIAN
          CHARITABLE & EDUCATIONAL SOCIETY, THE EDUCATIONAL
          AGENCY OF ST.MARY COLLEGE, MANARCAUD.

    3     DR.PUNNEN KURIAN, PRINCIPAL, ST.MARY'S COLLEGE,
          MANARCAUD, MALAM.P.O, KOTTAYAM-686019.

          BY ADVS.
          SREEDEVI KYLASANATH
          ACHUTH KYLAS
          JOSELAL GEORGE
          R.MAHESH MENON
          DEAGO JOHN K


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
          GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2     THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY,
          PRIYADARSINI HILLS, KOTTAYAM, KERALA, INDIA-686560.

    3     MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS
          REGISTRAR, PRIYADARSINI HILLS, KOTTAYAM,
          KERALA, INDIA-686560.

    4     THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
          OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
          EDUCATION, NEAR FIRE STATION, VAYASKARAKUNNU,
          PALACE ROAD, KOTTAYAM-686001.
 WPC 27154/22
                                        2


    5        KURIAKOSE ABRAHAM CORE-EPISCOPA KARUKAYIL,
             AGED 70 YEARS, S/O LATE ABRAHAM, KARUKAYIL HOUSE,
             MALA (PO), MANARCAUD, KOTTAYAM, PIN - 686 019

             (ADDITIONAL R5 IS IMPLEADED AS PER ORDER IN
             I.A.NO.1/2022 DATED 15.09.2022)

             BY ADVS
             SRI. SANTHARAM.P
             SMT.PARVATHY.K -GP


      THIS     WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
ADMISSION      ON   15.09.2022,   THE       COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 27154/22
                                             3



                                JUDGMENT

This writ petition has been filed by St.Mary's College,

Manarcaud, along with a person who claims to be its Manager

and Dr.Punnen Kurian, who is stated to be the Principal.

2. According to the petitioners, though the 3rd petitioner

- Dr.Punnen Kurian, was fully eligible to be appointed as the

Principal of the College, approval for the same has not been

granted by the Mahatma Gandhi University (M.G.University); and

they say that Manager of the College has preferred Ext.P8

application before them for such purpose. They thus pray that

Ext.P8 be directed to be taken up and allowed by the

M.G.University, within a time frame to be fixed by this Court.

3. Interestingly, when this matter was called today,

Sri.P.Santharam - learned counsel for the additional 5 th

respondent, intervened to submit that the person who has

preferred Ext.P8, namely Sri.Mathew Jacob, is not the Manager

of the College and that it is, in fact, his client who is eligible to

occupy the said position. He further argued that the 3 rd petitioner WPC 27154/22

- Sri.Punnen Kurian, is ineligible to be appointed as the

Principal because certain allegations have already been made

against him, consequent to which departmental action is also

pending.

4. Sri.Achuth Kylas -learned counsel for the petitioner,

however, vehemently submitted that the 5th respondent is not the

Manager of the College and thus being without any locus to

challenge the appointment of Dr.Punnen Kurian as its Principal;

and that, in any event, the issues relating to the managership of

the College is beyond the purview of this writ petition. He added

that the only question relevant is whether Dr.Punnen Kurian -

the 3rd petitioner, is eligible to be appointed as the Principal of

the College and whether his appointment is deserving to be

approved by the M.G.University.

5. Sri.Surin George Ipe - learned Standing Counsel for

the Mahatma Gandhi University, submitted that if this Court is

only inclined to direct the competent Authority of the University

to take up Ext.P8 and consider the sole issue of approval of

appointment of the 3rd petitioner, without entering into the WPC 27154/22

questions relating to the management of the College, then there

is no legal impediment in doing so; however, praying that this

Court may not make any affirmative declarations on the afore

issues either and leave it to the competent Authority to take a

final decision thereon as per law.

6. When I consider the afore rival submissions, it is

evident that there are disputes relating to the managership of the

College, which are not relevant for my consideration as of now.

The only question is whether the appointment of the 3rd

petitioner is deserving to be granted approval and whether M.G.

University should be directed to consider the same.

7. Since Sri.P.Santharam does not contest the fact that

approval of appointment of the 3rd respondent can be considered

by the M.G. University, subject to his client's objection also

being taken into account, I am of the view that this Court will

be justified in disposing of this Writ Petition with the following

directions:

a) This Writ Petition is ordered, directing the competent

Authority of the M.G. University to take up Ext.P8 application - WPC 27154/22

without considering the question whether it has been submitted

by a proper authority - but solely with respect to the

appointment of the 3rd petitioner, after hearing the petitioners

and the 5th respondent, and adverting to any objection that may

be placed before it relating to his competence to function as the

Principal alone by any person including the said respondent.

b) It is made reiteratingly clear that the afore orders will

not construe that this Court has spoken in favour of either the

person mentioned in Ext.P8 or the 5th respondent as being the

Manager of the College and that such issues will have to be

settled through due processes before the Civil Court.

c) The afore exercise shall be completed as expeditiously as

is possible, but not later than one month from the date of receipt

of a copy of this judgment.

d) While completing the exercise as ordered in (a) above,

the competent Authority of the University will only consider the

claim of the 3rd petitioner for being appointed as the Principal

and nothing else and should he be found ineligible for any cause,

the reasons for the same shall be reflected in the resultant order. WPC 27154/22

e) Needless to say, until such time as the afore exercise

is completed, status quo as on today will be continued and if the

3rd petitioner is now functioning as the Principal, said position

will not be altered; however, clarifying that further action with

respect to the said post will abide by the decision to be taken by

the University.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                              JUDGE
 WPC 27154/22


               APPENDIX OF WP(C) 27154/2022

PETITIONER EXHIBITS
Exhibit P1            THE TRUE COPY OF THE BYELAW

(REG.NO.K.303/2003; WITH AMENDMENTS IN 2020 AND 2021)OF THE ST.JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY.

Exhibit P2 THE TRUE COPY OF THE MINUTES OF GOVERNING BOARD DATED 04.08.2021 Exhibit P3 THE TRUE COPY OF THE MINUTES OF COLLEGE GOVERNING BOARD DATED 26.11.2021.

Exhibit P4 THE TRUE COPY OF THE COMMUNICATION NO.ACB1/1/1316/2021 DATED 27.11.2021 OF THE 3RD RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE MINUTES OF SELECTION COMMITTEE HELD ON 27.12.2021 AND APPLICANT SUMMARY SHEET.

Exhibit P6 THE TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 2ND PETITIONER DATED 28.12.2021. Exhibit P7 THE TRUE COPY OF THE JOINING REPORT DATED 30.12.2021.

Exhibit P8 THE TRUE COPY OF THE COVERING LETTER OF THE APPLICATION DATED 30.12.2021.

Exhibit P9 THE TRUE COPY OF THE LETTER ISSUED BY 3RD RESPONDENT VIDE LETTER NO.AC B1/1/7308/2022 DATED 01.02.2022 Exhibit P10 THE TRUE COPY OF THE COVERING LETTER SUBMITTED BEFORE THE 3RD RESPONDENT DATED 14.02.2022 Exhibit P11 THE TRUE COPY OF THE U.O.NO.615/AC B1/2022/MGU DATED 18.01.2022.

Exhibit P12 THE TRUE COPY OF THE U.O.NO.3294/AC B1/2022/MGU DATED 31.03.2022.

Exhibit P13 THE TRUE COPY OF THE U.O.NO.6847/AC B1/2022/MGU DATED 30.06.2022.

Exhibit P14 THE TRUE COPY OF THE MINUTES OF THE COLLEGE GOVERNING BOARD HELD ON 25.04.2022.

Exhibit P15 THE TRUE COPY OF THE MINUTES OF THE GOVERNING BOARD CONVENED ON 25.05.2022.

Exhibit P16 THE TRUE COPY OF THE LETTER OF 1ST PETITIONER TO THE 2ND RESPONDENT DATED 26.05.2022. Exhibit P17 THE TRUE COPY OF THE MINUTES OF THE COLLEGE GOVERNING BOARD HELD ON 30.05.2022.

Exhibit P18 THE TRUE COPY OF THE MINUTES OF THE GOVERNING BOARD DATED 27.06.2022.

WPC 27154/22

Exhibit P19 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 21.06.2022.

Exhibit P20 THE TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE MANAGER DATED 27.06.2022 Exhibit P21 THE TRUE COPY OF THE REQUEST OF THE MANAGER SUBMITTED ON 14.07.2022.

Exhibit P22 THE TRUE COPY OF THE REPLY OF THE 3RD RESPONDENT DATED 19.07.2022.

Exhibit P23 THE TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 20.07.022 Exhibit P24 THE TRUE COPY OF THE G.O.NO.34/2022/FIN.DATED 23.04.2022.

Exhibit P25 THE TRUE COPY OF THE U.O.NO.7066/AC B1/2022/MGU DATED 04.07.2022.

RESPONDENTS' EXTS:

ANNEXURE R5(A) TRUE COPY OF THE CERTIFICATE DATED 28.05.2003 ISSUED BY REGISTRAR UNDER ACT XII OF 1955.

ANNEXURE R5(B) TRUE COPY OF THE BYE-LAW UNDER WHICH THE SOCIETY WAS FORMED AND REGISTERED WITH THE REGISTRAR.

ANNEXURE R5(C) TRUE COPY OF THE JUDGMENT IN WP(C)NO.14977/2020 DATED 26.08.2020.

TRUE COPY OF THE LETTER DATED 07.07.2022 ANNEXURE R5(D) ISSUED TO THE REGISTRAR (GENERAL), KOTTAYAM.

TRUE COPY OF THE LETTER DATED 08.07.2022 ANNEXURE R5(E ISSUED TO THE REGISTRAR, M.G.UNIVERSITY, KOTTAYAM IS PRODUCED AND MARKED AS

ANNEXURE R5(F) TRUE COPY OF THE LETTER DATED 20.07.2022 ISSUED TO THE VICE CHANCELLOR, M.G.UNIVERSITY, KOTTAYAM