Kerala High Court
Prof. A.S. Thomas (Retd.) vs State Of Kerala on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Thursday, the 4th day of April 2024 / 15th Chaithra, 1946
IA.NO.2/2024 IN WP(C) NO. 38797 OF 2022 (Y)
APPLICANTS/ADDITIONAL RESPONDENTS 11 TO 13:
1. GEETHA LAKSHMI, AGED 38 YEARS, D/O RAJENDRAN NAIR T.K, ASSISTANT
PROFESSOR, DEPARTMENT OF ECONOMICS, BAM COLLAGE, THURUTHICAD,
RESIDING AT THEVALAKULATHU HOUSE, THELLIYOOR P.O., VENNIKULAM,
PATHANAMTHITTA - 689544
2. MEGHA ROSE MANOJ, AGED 26 YEARS, D/O MANOJ JOSEPH, ASSISTANT
PROFESSOR, DEPARTMENT OF MATHEMATICS, BAM COLLEGE, THURUTHICAD,
MALLAPPALLY, RESIDING AT PULIYIRICKUMTHADAM HOUSE,KADUTHURUTHY P.O.,
KOTTAYAM - 686604.
3. ROJAN MATHEW, AGED 31 YEARS, S/O ALEYAMMA MATHEW, ASSISTANT
PROFESSOR, DEPARTMENT OF PHYSICAL EDUCATION, BAM COLLEGE,
THURUTHICAD, RESIDING AT KOCHUPARAMBIL HOUSE, THURUTHICADU P.O.,
KALLOOPARA, PATHANAMTHITTA - 689597.
RESPONDENTS/PETITIONER, RESPONDNTS 1 TO 9 AND ADDITIONAL 10TH RESPONDENT:
1. PROF. A.S. THOMAS (RETD.), AGED 90 YEARS S/O. LATE A.C. SKARIAH,
TREASURER, BISHOP ABRAHAM MEMORIAL TRUST, THURUTHICADU, NOW RESIDING
AT APPAKKOTTUMURIYIL, THURUTHICADU,P.O., KALLOOPPARA, MALLAPPALLY
TALUK, PATHANAMTHITTA DISTRICT. PIN - 689597.
2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HIGHER
EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN - 695001.
3. DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033.
4. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM, VAYASKARAKUNNU,
PALACE ROAD, KOTTAYAM, KERALA, PIN - 686001.
5. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR,
PRIYADARSINI HILLS POST OFFICE, MAHATMA GANDHI UNIVERSITY,
UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KERALA - 686560.
6. TAHSILDAR (LAND RECORDS), MALLAPPALLY, PIN - 689645.
7. THE PRINCIPAL, BISHOP ABRAHAM MEMORIAL COLLEGE (B.A.M. COLLEGE),
THURUTHICAD P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689597.
8. BAM TRUST ASSOCIATION, REPRESENTED BY ITS PRESIDENT DR. ISRAEL
THOMAS, VENPARAMBIL HOUSE, NIRANAM P.O., THIRUVALLA, PATHANAMTHITTA,
PIN - 689621.
9. DR.ISRAEL THOMAS, VENPARAMBIL HOUSE, NIRANAM P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689621.
10. DR. ABRAHAM J. GEORGE, MARETTUMADOM, H.I 117, SKYLINE APARTMENT,
KUTTAPPUZHA P.O., THIRUVALLA. PIN - 689103, E-MAIL
[email protected]
11. DR. JOHN ABRAHAM, AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER, MARETTUMADOM, H.I 117, SKYLINE APARTMENT, KUTTAPPUZHA
P.O., THIRUVALLA, PIN - 689103, E-MAIL: [email protected]
(CORRECT ADDRESS - DR.JOHN ABRAHAM, AGED 70 YEARS,
S/O.SRI.V.E.ABRAHAM, MANAGER, BISHOP ABRAHAM MEMORIAL COLLEGE (BAM
COLLEGE), THURUTHICAD P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN
- 689597, RESIDING AT VELLAPPALLIL HOUSE, 3/56 UC-KADUNGALLORE ROAD,
UC COLLEGE P.O., ALUVA - 683102.)[SOUGHT TO BE IMPLEADED]
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to clarify that the
5th respondent University is duty bound to consider the approval of
appointment of the applicants expeditiously, notwithstanding the pendency
of the Writ Petition, to meet the ends of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's order dated
25.08.2023 and upon hearing the arguments of SRI.D.KISHORE, Advocate for
the Applicants in I.A./Addl.R11 to Addl.R13 in WP(C), M/S.P.HARIDAS, BIJU
HARIHARAN, P.C.SHIJIN, SHIJIMOL M.MATHEW & RISHIKESH HARIDAS, Advocates
for R1 in I.A./petitioner in WP(C), GOVERNMENT PLEADER for R2, R3, R4 & R6
in I.A./R1, R2, R3 & R5 in WP(C), SRI.SURIN GEORGE IPE, STANDING COURNSEL
for R5 in I.A./R4 in WP(C), SRI.LIJI J.VADAKEDOM, Advocate R7 to R10 in
I.A./R6 to R9 in WP(C), the court passed the following:
W.P.C.No.38797/22
1
ZIYAD RAHMAN A.A., J.
-----------------------------------------
I.A.No.2 of 2024
in
W.P.(C).No.38797 of 2022
-----------------------------------------
Dated this the 4th day of April, 2024
ORDER
This application is submitted by the additional respondents
11 to 13 seeking certain clarification in the interim order passed
by this Court on 25.08.2023. As per the said interim order, a
direction was issued by this Court to the University to conduct the
selection process. The said order was taken in appeal by the writ
petitioner, which culminated in a judgment dated 26.10.2023 in
W.A.No.1776 of 2023. As per the same, even though the interim
order passed by this Court was not interfered with, it was clarified
that, in case any appointment is made, same shall be intimated to
the Court before its approval by the University and the
appointment, if any, made shall be subject to the result of further
orders to be passed by this Court. It is submitted by the
petitioners in this application that, consequent to the same, a
selection has been conducted and the petitioners/additional
respondents 11 to 13 were selected. However, approval was not
granted in view of the pendency of this writ petition. This
clarification petition was submitted in such circumstances.
2. The learned counsel for the writ petitioner objected the
modification of the interim order and sought time for filing
counter affidavit.
3. However, considering the fact that the selection was
made on the basis of the interim order passed and the said
selection was made subject to further orders to be passed by this
Court, by virtue of the judgment passed in the writ appeal, I am of
the view that, there is no scope for any further objection from the
part of the writ petitioner. This is particularly because, situation is
clearly governed by the direction issued by the Division Bench of
this Court. In such circumstances, I find no justification on the
part of the University to keep in abeyance the consideration of
approval merely because of the pendency of this writ petition.
Accordingly, it is ordered that the pendency of the writ petition
shall not preclude the University from approving the
appointments. However, as observed by the Division Bench of this
Court n W.A.No.1776 of 2023, such approval shall be subject to
the further orders to be passed in this writ petition.
Post on 31.05.2024.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/4.4.24
04-04-2024 /True Copy/ Assistant Registrar
