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Priya Varghese vs Dr. Joseph Skariah
2023 Latest Caselaw 6951 Ker

Citation : 2023 Latest Caselaw 6951 Ker
Judgement Date : 22 June, 2023

Kerala High Court
Priya Varghese vs Dr. Joseph Skariah on 22 June, 2023
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                     &
                THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
           Thursday, the 22nd day of June 2023 / 1st Ashadha, 1945
                      IA.NO.4/2023 IN WA NO. 27 OF 2023
  AGAINST THE JUDGMENT DATED 17.11.2022 IN WP(C) 26918/2022 OF THIS COURT
APPELLANT/1ST RESPONDENT:

     DR. JOSEPH SKARIAH CHIRAKUZHY, THURUTHY P.O., CHANGANASSERY,
     KOTTAYAM DISTRICT, PIN - 686535

RESPONDENT/RESPONDENTS/APPELLANT& RESPONDENT 2-7:

  1. PRIYA VARGHESE, AGED 43 YEARS, D/O. K.C VARGHESE PRAXIS, KANJIROD ,
     KOODALI PO , KANNUR DISTRICT , PIN - 670592
  2. CHANCELLOR OF UNIVERSITIES IN KERALA, KANNUR UNIVERSITY, KERALA RAJ
     BHAVAN , KERALA GOVERNERS CAMP PO THIRUVANANTHAPURAM , PIN - 695099
  3. VICE CHANCELLOR (SELECTION COMMITTEE CHAIRMAN), KANNUR UNIVERSITY,
     CIVIL STATION, THAVAKKARA, KANNUR DISTRICT, PIN - 670002
  4. SECRETARY, HIGHER EDUCATION DEPARTMENT, 4TH FLOOR, ANNEX 11,
     GOVERNMENT SECRETARIAT,'THIRUVANANTHAPURAM, PIN - 695001
  5. THE SELECTION COMMITTEE FOR ASSOCIATE PROFESSOR, (MALAYALAM) KANNUR
     UNIVERSITY, REP BY ITS CONVENOR, KANNUR UNIVERSITY, CIVIL STATION,
     THAVAKKARA, KANNUR DISTRICT-, PIN - 670002
  6. THE REGISTRAR, KANNUR UNIVERSITY, CIVIL STATION, THAVAKKARA, KANNUR
     DISTRICT, PIN - 670002
  7. THE CHAIRMAN, UNIVERSITY GRANTS COMMISSION (UGC), BAHADUR SHAH ZAFAR
     MARG, NEW DELHI, PIN - 110000

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to amend the cause
title of the 6th respondent as University of Kannur, represented by its
Registrar, Civil Station,Thavakkara, Kannur District-670002 in the Writ
Appeal in the interest of justice.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.GEORGE POONTHOTTAM (SR.), SANTHARAM.P, REKHA ARAVIND,
P.G.GOKULNATH, Advocates for the petitioner and M/S.      RENJITH THAMPAN
(SR.), K.S.ARUN KUMAR, AMRUTHA P S, VIJAY SANKAR V.H., SRUTHY
UNNIKRISHNAN, SAQIB RIZWAN & JERIN JOSEPH, Advocates for R1, SRI. S.
PRASANTH, Advocate for R2 & R3, GOVERNMENT PLEADER for R4, SHRI. S.
KRISHNAMOORTHY, Advocate for R7, the court passed the following:
    A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
                  ......................................................
               IA No.4 of 2023 in WA No.27 of 2023
               ................................................................
                 Dated this the 22nd day of June, 2023


                                      ORDER

Mohammed Nias.C.P. J

The prayer in this application is to amend the cause title of the 6 th

respondent as University of Kannur, represented by its Registrar, Civil

Station, Thavakkara, Kannur District - 670 002 in the writ appeal. In the

above appeal, one of the grounds raised on behalf of the appellant is the

maintainability of the writ petition on the ground of non-joinder of Calicut

University, whose decision was sought to be quashed in the writ petition. This

application is filed stating that the requirement of law is met by impleading

the Registrar of Calicut University, as has been done.

We find that the present application is not one for impleadment of the

University, but a petition seeking amendment of the cause title alone, which

is totally impermissible in law. We find no merit in the above petition and

accordingly, the same is dismissed.

Sd/- A.K. JAYASANKARAN NAMBIAR, JUDGE

Sd/- MOHAMMED NIAS C.P.

JUDGE dlk/22.6.2023

 
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