Citation : 2024 Latest Caselaw 13296 Ker
Judgement Date : 23 May, 2024
WP(C) NO. 20696 OF 2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 20696 OF 2017
PETITIONER/S:
DR.E.PRAKASH
AGED 56 YEARS
ASSOCIATE PROFESSOR AND HEAD OF THE DEPARTMENT OF
SAHITYA,CALICUT ADARSHA SANSKRIT
VIDYAPEETHA,BALUSSERY.P.O,CALICUT-673612.
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.S.A.ANAND
SMT.L.ANNAPOORNA
SRI.PETER JOSE CHRISTO
SMT.N.SANTHA
SRI.V.VARGHESE
RESPONDENT/S:
1 RASHTRIYA SANSKRIT SANSTHAN
DEEMED UNIVERSITY,REPRESENTED BY ITS REGISTRAR,56-
57,INSTITUTION AREA,JANAKAPURI,NEW DELHI-110058.
2 THE CALICUT ADARSHA SANSKRIT VIDYAPEETHA
REPRESENTED BY THE CHAIRMAN OF THE MANAGING
COMMITTEE,BALUSSERY,CALICUT-673612.
3 THE CHAIRMAN
MANAGING COMMITTEE,THE CALICUT ADARSHA SANSKRIT
VIDYAPEETHA,BALUSSERY,CALICUT-673612.
WP(C) NO. 20696 OF 2017 2
4 THE UNION OF INDIA
REPRESENTED BY SECRETARY,MINISTRY OF HUMAN RESOURCES
DEVELOPMENT,DEPARTMENT OF EDUCATION,GOVERNMENT OF
INDIA,NEW DELHI.
BY ADVS.
SRI.N.M.MADHU,SC,RASHTRIYA SANKRI SD UT
SMT.O.M.SHALINA
SRI.T.V.VINU, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20696 OF 2017 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 20696 of 2017
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Dated this the 23rd day of May, 2024
JUDGMENT
The above writ petition is filed with following prayers :
i. "call for the records leading to Exhibit P6 and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction.
ii. declare that the petitioner is entitled to continue in service up to 31.05.2026 with all consequential service and monetary benefits.
iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioner to continue in service up to 31.05.2026 and grant him all consequential service and monetary benefits including regular payment of salary and allowances at UGC scale. and iv. grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case including the costs of this Writ Petition (Civil)." [sic]
2. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that the
petitioner is now appointed as the Principal of Rashtriya
Sanskrit Sansthan, Kozhikode. It is submitted that such an
order is passed by the Management Committee, which is the
supreme body of the 1st respondent. If that is the case, nothing
survives in this case.
Recording the above submission, this writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS
APPENDIX OF WP(C) 20696/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO.RSKS/AD/REVISED SCHEME/08-09/2474 DATED 23.07.12 OF THE 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF THE REPORT OF THE SCREENING-
CUM-REVIEW COMMITTEE
EXHIBIT P3 TRUE COPY OF THE PRINT OUT OF E-MAIL MESSAGE ISSUED BY THE 3RD RESPONDENT
EXHIBIT P4 TRUE COPY OF THE APPLICATION FORM FOR THE EMPLOYMENT CERTIFICATE SUBMITTED BY THE PETITIONER
EXHIBIT P5 TRUE COPY OF THE LETTER F.NO.CASV/215/15 DATED 01.04.2016 OF THE PRINCIPAL-IN-CHARGE OF THE VIDYAPEETHA.
EXHIBIT P6 TRUE COPY OF THE ORDER F.NO.CASV/CM/MC/2/17/2 DATED 18.06.2017 OF THE 3RD RESPONDENT
EXHIBIT P7 TRUE COPY OF THE LETTER NO.RSKS/AD/35011/2016-17/305 DATED 15.06.2016 OF THE SANSTHAN.
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