Citation : 2024 Latest Caselaw 6447 Ker
Judgement Date : 6 March, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Wednesday, the 6th day of March 2024 / 16th Phalguna, 1945
IA.NO.1/2024 IN WA NO. 2205 OF 2023
AGAINST THE JUDGMENT DATED 22.11.2023 IN WP(C) 16981/2023 OF THIS COURT
APPLICANTS/APPELLANTS:
1. ST. MARY'S COLLEGE MANARCAUD, REPRESENTED BY THE MANAGER, MANARCAUD,
MALAM P.O., KOTTAYAM - 686 019.
2. PRINCE ELIAS, MANAGER, ST. MARY'S COLLEGE, MALAM, MANARCAD, KOTTAYAM
- 686 019, RESIDING AT PAZHAYADATHUVAYALIL HOUSE, MALAM P.O,
MANARCAD, KOTTAYAM - 686019.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2. THE DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF
COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM- 695033.
3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY
DIRECTOR OF COLLEGIATE EDUCATION, NEAR FIRE AND RESCUE STATION,
VAYASKARAKUNNU, PALACE ROAD, KOTTAYAM - 686001.
4. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR,
PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT - 686560.
5. MATHEW P.T, S/O KORAH THOMAS, PADIYARA HOUSE, MALAM P.O., MANARCAUD,
KOTTAYAM - 686019.
6. M.I. JOSE, S/O. (LATE) M.I. IPE, AGED 64 YEARS, TRUSTEE, ST.MARY'S
JACOBITE SYRIAN CATHEDRAL (FORMERLY ST.MARY'S JACOBITE SYRIA
CHURCH), MANARCAUD (P.O.), KOTTAYAM - 686019
7. BINU T. JOY, S/O.(LATE) T. AJOY,
TRUSTEE, AGED 47 YEARS, ST.MARY'S JACOBITE SYRIAN CATHEDRAL
(FORMERLY ST.MARY'S JACOBITE SYRIAN CHURCH), MANARCAUD (P.O.),
KOTTAYAM, PIN 686 019.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass appropriate
clarification and direction to the Director of Collegiate Education that
it is the appropriate authority to initiate recruitment process to appoint
teaching and non-teaching staffs, in the interest of justice.
This Application coming on for orders on 06.03.2024, upon perusing
the application and the affidavit filed in support thereof, and this
Court's judgment dated 10.01.2024 and upon hearing the arguments of ADVS.
M/S. ACHUTH KYLAS, R. MAHESH MENON, SACHIN. P.K, SREEDEVI KYLASANATH AND
VARGHESE XAVIER, Advocates for the Applicants and of GOVERNMENT PLEADER
for Respondents 1 to 3, ADVS. M/S. S. PRASANTH, VARSHA BHASKAR, ANUPAMA
SIBI AND N. KRISHNA OZHAKKANAT, Advocates for the respondent 5, the Court
on the same day passed the following:
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
------------------------------------------------
I.A.No.1/2024 in W.A.No.2205/2023
------------------------------------------------
Dated this the 6th day of March, 2024
O R D E R
A.Muhamed Mustaque, J.
We clarify that since the Director of Collegiate
Education has been appointed by this Court, there is no
impediment under law for proceeding with the recruitment
process ensuring its integrity and transfer.
Taking note of the submission by the learned
Government Pleader, we grant three months from today to
conclude the entire proceedings.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE ln
06-03-2024 /True Copy/ Assistant Registrar
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