M.P.Muhammed v. Pathumma K.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 RP.No. 290 of 2015 (W) ------------------------------------- AGAINST THE JUDGMENT IN WP(C) 12388/2014 DATED 29-01-2015 -------------------- REVIEW PETITIONER/3RD PARTY :
--------------------------------------------------- M.P. MUHAMMED, AGED 53, S/O. CHEKKUTTY, KOOTTALUNGAL HOUSE (N.V.R.) CHELARI, VELIMUKKU P.O., MALAPPURAM (SL.NO.2183). BY ADVS.SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SRI.K.S.MIZVER RESPONDENTS/PETITIONER/RESPONDENTS 1 TO 4 :
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1. PATHUMMA K.
D/O. VEERAN K., KALATHINGAL HOUSE, KAMMADAJIPPADI AMAYOOR P.O., MALAPPURAM DISTRICT.
2. THE UNIVERSITY OF CALICUT CALICUT UNIVERSITY P.O., THENHIPALAM MALAPPURAM DISTRICT, PIN-673 635 REPRESENTED BY ITS REGISTRAR.
3. REGISTRAR UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O. THENHIPALAM, MALAPPURAM-673 635.
4. VICE CHANCELLOR UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O. THENHIPALAM, MALAPPURAM, PIN-673 635.
5. DEPUTY REGISTRAR (ADMINISTRATION) UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O. THENHIPALAM, MALAPPURAM, PIN-673 635.
R1 BY ADV. SRI.BABU S. NAIR R2 TO R5 BY SRI.SANTHOSH MATHEW, SC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26-03-2015, ALONG WITH RP. 329/2015 & RP NO. 350/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn ...2/-
RP.No. 290 of 2015 (W) APPENDIX PETITIONERS' ANNEXURES :
ANNEXURE I : PHOTOCOPY OF THE RELEVANT PAGES OF APPROVED LIST OF CLR PEON/WATCHMAN IN CALICUT UNIVERSITY AS ON 31-5-05.
ANNEXURE II PHOTOCOPY OF THE CLR IDENTITY CARD OF THE REVIEW PETITIONER.
ANNEXURE III PHOTOCOPY OF THE ORDER IN SPECIAL LEAVE TO APPEAL (CIVIL) NO. 31355/2010 OF THE HON'BLE SUPREME COURT DATED 8-4-13.
ANNEXURE IV PHOTOCOPY OF THE INTERIM ORDER DATED 2-5-14 IN WP(C) NO. 11818/2014 FILED BY PETITIONER AND OTHERS. RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.S. TO JUDGE Mn
A. MUHAMED MUSTAQUE, J.
------------------------------------------------ R.P.No.290 of 2015 in W.P.(C) No.12388 of 2014, R.P.No.329 of 2015 in W.P.(C) No.10529 of 2014 & R.P.No.350 of 2015 in W.P.(C) No.11805 of 2014 ------------------------------------------------ Dated this the 26th day of March, 2015
ORDER
These review petitions are filed at the instance of a third party, feeling aggrieved by the judgment of this Court to consider the writ petitioners for inclusion for selection to the 30% cadre strength of Peon/Watchman. The essential argument advanced by the learned counsel for the review petitioner is that the writ petitioners were not eligible to be considered for selection in view of the reason that they are not included in the approved list maintained by the University as per the amended Ordinance.
2. The learned counsel for the writ petitioners opposes the prayer of the review petitioners and submits that the amendment does not indicate that the list prepared in 2005, on the other
R.P. No.290/2015 & conn. cases hand, it indicates only on the rules of the University.
3. I am not adverting to the rival claims of the review petitioners and writ petitioners. Essentially, the University is bound by the eligibility conditions after adverting to Rules and Regulations. The permission given to consider the writ petitioners for selection would only indicates that all writ petitioners shall be considered in accordance with their eligibility as prescribed under the Rules and Regulations. The review petitioners are at liberty to raise objection regarding their eligibility before the Selection Committee. Therefore, these review petitions are dispose of with the above clarification. The review petitions are disposed of.
Sd/- A. MUHAMED MUSTAQUE, JUDGE.
//true copy// P.S. to Judge st/-