Dr Mohanakumar P S vs Mahatma Gandhi University
2024 Latest Caselaw 5095 Ker

Citation : 2024 Latest Caselaw 5095 Ker
Judgement Date : 15 February, 2024

Kerala High Court

Dr Mohanakumar P S vs Mahatma Gandhi University on 15 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                       WP(C) NO. 22046 OF 2015
PETITIONERS:

    1     DR. MOHANAKUMAR P S
          RESIDING AT SREYAS, THOTTAVARAM, ATTINGAL,
          THIRUVANANTHAPURAM - 695 101.
    2     SUBIN THOMAS
          KOLANNOOR, ETTUMANOOR P.O.
          KOTTAYAM - 686 631.
          BY ADV SRI.P.C.SASIDHARAN


RESPONDENTS:

    1     MAHATMA GANDHI UNIVERSITY
          PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O., KOTTAYAM
          REPRESENTED BY ITS REGISTRAR, PIN - 686 562.
    2     THE CHANCELLOR, MAHATMA GANDHI UNIVERSITY
          RAJ BHAVAN, THIRUVANANTHAPURAM - 695 001.
    3     THE VICE CHANCELLOR
          MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
          ATHIRAMPUZHA P.O., KOTTAYAM - 686 562.
    4     DR.BABU SEBASTIAN, VICE CHANCELLOR
          MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
          ATHIRAMPUZHA P.O., KOTTAYAM - 686 562.
    5     SAMJI THOMAS, CO-ORDINATOR
          MAHATMA GANDHI UNIVERSITY, COLLEGE OF ARTS AND
          COMMERCE, KAVIYOOR, PATHANAMTHITTA - 689 001.
    6     STATE OF KERALA REPRESENTED BY THE SECRETARY
          TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
          BY ADVS. SRI. SURIN GEORGE IPE, SC, M.G. UNIVERSITY
          SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY
          SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
 WP(C) NO. 22046 OF 2015


                           2



OTHER PRESENT:

          SRI BS SYAMANTAK, GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 22046 OF 2015


                                 3


              P.V.KUNHIKRISHNAN, J.
        --------------------------------------------
             W.P.(C) No.22046 of 2015
       ----------------------------------------------
    Dated this the 15th day of February, 2024



                        JUDGMENT

The above writ petition is filed with the

following prayers:

"i) Issue a writ of certiorari or any other writ,

order or direction to quash Exhibits- P6 and P7,

ii) Declare that the action of the 3rd

respondent in giving appointment to the 5th

respondent as Co-ordinator in the Mahatma

Gandhi University Arts and Commerce at

Kaviyoor is highly unjust and illegal;

iii) Further declare that since no procedure

formalities have been followed the WP(C) NO. 22046 OF 2015

appointment of the 5th respondent is to be

treated as invalid;

iv) Issue a writ of mandamus or other writ,

order of directing commanding and compelling

respondents to make appointments in the M.G

University College of Arts and Commerce, at

Kaviyoor strictly adhering to the University Act

and Statute.

And

v) to issue such other writ, order or

direction as this Honourable Court may deem

fit and proper in the circumstances of this

case." SIC

2. When this writ petition came up for

consideration on 22.07.2015, this Court passed the

following order;

"Admit.

Adv. Varghese M. Easo, the learned Standing WP(C) NO. 22046 OF 2015

Counsel takes notice for the respondents 1 to 8.

Notice by speed post to respondents 4 and 5.

Government Pleader takes notice for the 6 th

respondent.

Post after three weeks for the counter affidavit

of the respondents.

There will be an interim order restraining the 5 th

respondent from functioning as Co-ordinator in

the Mahatma Gandhi University College of Arts

and Commerce at Kaviyoor in the meanwhile.

It is made clear that, nothing in this order shall

be seen as preventing the respondent University

from co-ordinating the activities in the Mahatma

Gandhi University College of Arts and Commerce

at Kaviyoor, using its own existing staff."

3. It is submitted by the learned counsel

appearing for the University that the original

appointment of the 5th respondent was only for three

months. If that be the case, nothing survives in this WP(C) NO. 22046 OF 2015

case. Recording the order dated 22.07.2015, this

writ petition can be closed.

Therefore, this writ petition is disposed of,

recording the order dated 22.07.2015.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 22046 OF 2015

APPENDIX OF WP(C) 22046/2015

PETITIONER EXHIBITS EXT.P1: TRUE COPY OF THE MA DEGREE CERTIFICATE EXT.P2: TRUE COPY OF THE PH. D CERTIFICATE EXT.P3; TRUE COPY OF THE M.COM DEGREE CERTIFICATE EXT.P4: TRUE COPY OF NET CERTIFICATE EXT.P5: TRUE COPY FO THE ORDER DT.

                    24/6/15
                    EXT.P6:TRUE     COPY   OF    THE

COMMUNICATION DT. 30/6/15 ALONG WITH THE BIO-DATA OF TWO PERSONS WITH ENDORSEMENT MADE THEREIN BY THE 3RD RESPONDENT EXT.P7: TRUE COPY OF THE ORDER ALONG WITH THE BIO-DATA OF THE 5TH RESPONDNET

RESPONDENTS EXHIBITS :NIL

//TRUE COPY// PA TO JUDGE