Kerala High Court
Antony Jose Peter vs State Of Kerala on 14 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
RP NO. 676 OF 2023
AGAINST THE ORDER/JUDGMENT WP(C) 4824/2021 OF HIGH COURT OF
KERALA
PETITIONERS/PETITIONERS IN WP(C) NO.4824 OF 2021:
1 ANTONY JOSE PETER
AGED 44 YEARS, S/O C J PETER,
LABORATORY ASSISTANT, ZOOLOGY DEPARTMENT,
ST. ALBERT'S COLLEGE, ERNAKULAM - 682018
RESIDING AT CHEMMAYATH HOUSE,
OACHANTHURUTHU P.O., ERNAKULAM - 682508
2 LANSON XAVIOUR
AGED 32 YEARS, S/O JOSEY K X,
LABORATORY ASSISTANT, CHEMISTRY DEPARTMENT,
ST. ALBERT'S COLLEGE, ERNAKULAM - 682018
RESIDING AT KOTTIYATH HOUSE,
AYYAMPILLIKAVU ROAD, EROOR P.O.,
THRIPPUNITHURA, PIN - 682018
3 SIMON D'CRUZ
AGED 41 YEARS, S/O JOSEPH D'CRUZ,
LABORATORY ASSISTANT, CHEMISTRY DEPARTMENT,
ST. ALBERT'S COLLEGE, ERNAKULAM - 682018
RESIDING AT KANISSERY HOUSE, CUSAT P.O.,
SOUTH KALAMASSERY, KOCHI - 682022.
BY ADVS.
S.MUHAMMED HANEEFF
M.H.ASIF ALI
SWETHAMBILY C.
RAJANA JOSE
RESPONDENTS/RESPONDENTS IN WP(C) NO.4824 OF 2021:
1 STATE OF KERALA
REP BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF COLLEGIATE EDUCATION
DIRECTORATE OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM,
PIN - 695033
RP Nos. 676 of 2023 and 730 of 2023
:2:
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION, ERNAKULAM, PIN - 682011
4 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY THE REGISTRAR,
MAHATMA GANDHI UNIVERSITY P.O.,
ATHIRAMPUZHA, KOTTAYAM, PIN - 686560
5 REGISTRAR,
MAHATMA GANDHI UNIVERSITY,
ATHIRAMPUZHA, KOTTAYAM, PIN - 686560
6 THE MANAGER
ST. ALBERT'S COLLEGE, BANERJI ROAD,
ERNAKULAM, PIN - 682018
7 PRINCIPAL
ST. ALBERT'S COLLEGE, BANERJI ROAD,
ERNAKULAM, PIN - 682018
BY ADV.
SRI V VENUGOPAL - GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
14.07.2023, ALONG WITH RP.730/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RP Nos. 676 of 2023 and 730 of 2023
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
RP NO. 730 OF 2023
AGAINST THE ORDER/JUDGMENT WP(C) 4824/2021 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/NOT A PARTY IN WP(C) NO.4824 OF 2021:
VINU FRANCIS
AGED 38 YEARS, S/O FRANCIS KL,
LIBRARY ASSISTANT, ST. ALBERT'S COLLEGE,
ERNAKULAM, PIN - 682018.
RESIDING AT KUTHUKATT HOUSE,
PERANDOOR TEMPLE ROAD, PANAKKAPADOM LANE,
ELAMAKKARA, KOCHI - 682026.
BY ADV DIVYA RAVINDRAN
RESPONDENTS/RESPONDENTS 1 TO 7 AND PETITIONERS IN WP(C) NO.
4824 OF 2021:
1 STATE OF KERALA
REP BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF COLLEGIATE EDUCATION
DIRECTORATE OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM - 695033
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION ERNAKULAM, PIN - 682011
4 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY THE REGISTRAR,
MAHATMA GANDHI UNIVERSITY P.O.,
ATHIRAMPUZHA, KOTTAYAM, PIN - 686560
5 REGISTRAR
MAHATMA GANDHI UNIVERSITY,
ATHIRAMPUZHA, KOTTAYAM - 686560
6 THE MANAGER
ST. ALBERT'S COLLEGE, BANERJI ROAD,
ERNAKULAM, PIN - 682018
RP Nos. 676 of 2023 and 730 of 2023
:4:
7 PRINCIPAL
ST. ALBERT'S COLLEGE, BANERJI ROAD,
ERNAKULAM, PIN - 682018
8 ANTONY JOSE PETER
AGED 44 YEARS, S/O C J PETER,
LOWER DIVISION CLERK, [NOW LABORATORY
ASSISTANT], ZOOLOGY DEPARTMENT,
ST. ALBERT'S COLLEGE, ERNAKULAM - 682018
RESIDING AT CHEMMAYATH HOUSE,
OACHANTHURUTHU P.O., ERNAKULAM - 682508.
9 LANSON XAVIOUR
AGED 32 YEARS, S/O JOSEY K X,
LOWER DIVISION CLERK, [NOW LABORATORY
ASSISTANT], CHEMISTRY DEPARTMENT,
ST. ALBERT'S COLLEGE, ERNAKULAM - 682018
RESIDING AT KOTTIYATH HOUSE,
AYYAMPILLI KAVU ROAD, EROOR P.O.,
THRIPPUNITHURA, PIN - 682018
10 SIMON D'CRUZ
AGED 41 YEARS, S/O JOSEPH D'CRUZ,
LOWER DIVISION CLERK, [NOW LABORATORY
ASSISTANT], CHEMISTRY DEPARTMENT,
ST. ALBERT'S COLLEGE, ERNAKULAM - 682018
RESIDING AT KANISSERY HOUSE, CUSAT P.O.,
SOUTH KALAMASSERY, KOCHI - 682022.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
14.07.2023, ALONG WITH RP.676/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RP Nos. 676 of 2023 and 730 of 2023
:5:
DEVAN RAMACHANDRAN, J.
=========================
R.P.Nos.676 of 2023 and 730 of 2023 in
W.P.(C).No. 4824 of 2021
==========================
Dated this the 14th day of July, 2023
ORDER
Even though various assertions and averments have been
made in these review petitions, what the petitioners require is, in
fact, a clarification that they will obtain five chances to clear the
"Attenders Test", as provided under Rule 44(12) of Chapter 45 of
the Mahatma Gandhi University Statutes, 1997.
2. Sri.V.Venugopal - learned Government Pleader, and
Sri.Surin George Ipe - learned Standing Counsel for the Mahatma
Gandhi University, conceded that, as per Rule 44(12) of the afore
Statutes, a person will obtain five chances to clear the "Attenders
Test", but that when they had earlier approached this Court to
obtain judgment in W.P.(C).No.16157/2015, it was recorded therein
that there are only three chances. They explained that this is
because the initial appointment orders of the petitioners' showed
that they had to clear the "Attenders Test" within three chances;
and that this judgment is, in fact, approved by a learned Division
Bench of this Court.
3. Even when I hear the learned counsel for the respondents
as afore, it is ineluctable that this Court cannot tamper with
RP Nos. 676 of 2023 and 730 of 2023
statutory provisions, and if any directions have been issued
unwittingly in such manner, it has to be corrected or rectified.
4. As matters now stand, respondents are also unequivocal
that, going by the statutory provision, petitioners will get five
chances to clear the "Attenders Test". Obviously, what is recorded
in the judgment in W.P.(C).No.16157/2015 was in error, and this is
without dispute.
I, therefore, allow these review petitions to the limited extent
of modifying direction number (d) in W.P.(C ) No.4824 of 2021,
introducing the words "as per Rule 44(12) of Chapter 45 of the
Mahatma Gandhi University Statutes" between the words
"Attenders Test" and "then the benefit of the judgment".
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
RP Nos. 676 of 2023 and 730 of 2023
APPENDIX OF RP 676/2023
PETITIONERS' ANNEXURES
Annexure A1 A TRUE COPY OF THE JUDGEMENT DT.
06.07.2022 IN WP(C) NO. 8766 OF 2017 ON
THE FILES OF THIS HON'BLE COURT
Annexure A2 A TRUE COPY OF JUDGMENT DT. 22.05.2023 IN
RP NO. 341/2023 ON THE FILES OF THIS
HON'BLE COURT
Annexure A3 A TRUE COPY OF THE JUDGMENT DT.
29.03.2023 RP NO. 1124/2022 ON THE FILES
OF THIS HON'BLE COURT
Annexure A4 A TRUE COPY OF THE JUDGMENT DT.
22.05.2023 IN WA 709/2023 ON THE FILES OF
THIS HON'BLE COURT
RP Nos. 676 of 2023 and 730 of 2023
APPENDIX OF RP 730/2023
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE JUDGEMENT DT.
06.07.2022 IN WP(C) NO. 8766 OF 2017 ON
THE FILES OF THIS HON'BLE COURT
Annexure A2 A TRUE COPY OF JUDGMENT DT. 22.05.2023 IN
RP NO. 341/2023 ON THE FILES OF THIS
HON'BLE COURT
Annexure A3 A TRUE COPY OF THE JUDGMENT DT.
29.03.2023 RP NO. 1124/2022 ON THE FILES
OF THIS HON'BLE COURT
Annexure A4 A TRUE COPY OF THE JUDGMENT DT.
22.05.2023 IN WA 709/2023 ON THE FILES OF
THIS HON'BLE COURT
