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High Court of KeralaWA/860/2015dismissed

Manju.C v. The University Of Calicut

2015-05-20Honourable Mr. Justice Shaji P.Chaly,Honourable Mr.Justice Antony Dominic3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937 WA.No. 860 of 2015 IN WP(C).11026/2015 -------------------------------------------------------- AGAINST THE ORDER IN WP(C) 11026/2015 of HIGH COURT OF KERALA DATED 09-04-2015 APPELLANTS/PETITIONERS:

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1. MANJU.C, D/O.VASU, CHEMBRAKUZHY, THENHIPALAM P O MALAPPURAM

2. REKHA, D/O.DAMODARAN NAIR, PALAKKOT HOUSE, PULIKKAL P O MALAPPURAM

3. SANIL P, S/O.DAMODARAN, THACHILATHU VEEDU, AADAVANAD P O MALAPPURAM BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS/RESPONDENTS:

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1. THE UNIVERSITY OF CALICUT REP BY ITS REGISTRAR, UNIVERSITY CAMPUS, THENHIPALAM MALAPPURAM 673 635

2. THE VICE CHANCELLOR UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM 673 635

3. THE SELECTION COMMITTEE CONSTITUTED FOR SELECTION TO THE POST OF ASSISTANT

IN THE UNIVERSITY OF CALICUT

REP BY ITS CHAIRMAN, THENHIPALAM, MALAPPURAM 673 635

4. THE LBS CENTRE FOR SCIENCE AND TECHNOLOGY THIRUVANANTHAPURAM, REP BY ITS DIRECTOR 695 001

5. THE DIRECTOR VIGILANCE AND ANTI CURRUPTION BUREAU OFFICE OF THE VIGILANCE AND ANTI CORRUPTION BEREAU THIRUVANANTHAPURAM 695 001

6. P FIROZ, KALLIYIL HOUSE, CHENEKKAL ANGADI, THENHIPALAM P O, MALAPPURAM-673 636

7. SHANEEB K C, KARTCHALIL HOUSE NEAR GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL PULLANNOOR, VALLUVAMBRAM, MALAPPURAM-673 651 R BY SRI.SANTHOSH MATHEW, SC, CALICUTY UNIVERSITY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & SHAJI P CHALY, JJ.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Writ Appeal No.860 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of May, 2015

JUDGMENT

Antony Dominic, J.

Appellants filed the writ petition, seeking to quash Ext.P12 and for other consequential reliefs, by which they challenged the selection process initiated by the respondent University to fill up the post of Assistant. The learned Single Judge admitted the writ petition and passed an order dated 9th April, 2015 directing that the publication of rank list shall be subject to the result of the writ petition. It is contending that in the facts and circumstances of the case, the learned Single Judge ought to have at least stayed appointments from out of the rank list, this appeal is filed.

2. We heard the counsel for the appellants and the Standing Counsel for the respondent University.

3. In the pleadings, appellants have made various allegations impugning the selection process initiated by the respondent University. These are factual controversies, the correctness of which are yet to be decided in the light of the counter affidavit and other materials to be filed

W.A.No.860 of 2015 : 2 :

by the respondents in the writ petition. In such circumstances, according to us, the learned Single Judge was fully justified in passing the impugned order and this order does not suffer from any illegality. The appeal is dismissed.

Sd/- ANTONY DOMINIC JUDGE Sd/- SHAJI P. CHALY JUDGE jes //True Copy// P.A. to Judge