High Court of KeralaWP(C)/14238/2015dismissed

Pradeep Sukumaran v. Sree Sankaracharya University Of Sanskrit

2015-05-21Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 WP(C).No. 14238 of 2015 (D) ---------------------------- PETITIONER :

--------------------- PRADEEP SUKUMARAN S/O.SUKUMARAN P.K., PATTIMAKEEL, PUTHUVELI P.O. KOTTAYAM DISTRICT.

BY ADVS.SRI.A.G.BASIL SRI.P.K.SEBASTIAN RESPONDENT(S) :

----------------------------

1. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT REPRESENTED BY ITS REGISTRAR, KALADY ERNAKULAM DISTRICT, PIN-682 538.

2. VICE CHANCELLOR AND CHAIRMAN OF SYNDICATE SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY ERNAKULAM DISTRICT, PIN-682 538.

3. HIGHER EDUCATION DEPARTMENT REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

4. CHANCELLOR SREE SANKARACHARYA UNIVERSITY OF SANSKRIT RAJ BHAVAN, GOVERNOR'S OFFICE THIRUVANANTHAPURAM-695 004.

5. FINANCE OFFICER SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY ERNAKULAM DISTRICT, PIN-682 538.

6. T.L.SUSEELAN (HOLDING THE POST OF FINANCE OFFICER) SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY ERNAKULAM DISTRICT, PIN-682 538.

R1, R2, R4 & R5 BY ADV. SRI.ARUN B.VARGHESE, SC R3 BY SPL.GOVT. PLEADER SRI. MANILAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 14238 of 2015 (D) ---------------------------------------- APPENDIX PETITIONER (S)' EXHIBITS :

------------------------------------------ EXT. P1TRUE COPY OF APPOINTMENT ORDER ISSUED BY THE RESPONDENT UNIVERSITY APPOINTING THE 6TH RESPONDENT AS FINANCE OFFICER BY ORDER NO.AD.B/F.O./2002/SSUS DATED 18.01.2002. EXT. P2TRUE COPY OF ORDER IN G.O.(MS)NO.745/2014/H.EDN. DATED 29.08.2014 EXTENDING THE UPPER AGE LIMIT OF THE STATUTORY OFFICERS OF THE UNIVERSITY.

EXT. P3TRUE COPY OF M.COM. DEGREE CERTIFICATE OF THE PETITIONER ISSUED BY MAHATMA GANDHI UNIVERSITY.

EXT. P4TRUE COPY OF DETAILS OF THE S.S.L.C. BOOK OF THE PETITIONER (ONE PAGE).

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 14238 of 2015 --------------------------------------- Dated this the 21st day of May, 2015.

JUDGMENT

The petitioner, claiming himself to be an M.Com. Degree holder and fully qualified to be appointed as Finance Officer in the respondent University has come up with the writ petition challenging the posting of 6th respondent as Finance Officer in the respondent University.

The petition was seriously opposed by the learned Senior Government Pleader as well as the learned Standing Counsel for the respondent University on the ground of locus standi as well as on the ground of availability of alternative remedy. It is submitted by the learned Senior Government Pleader that the petitioner can approach the Chancellor of the respondent University to redress his grievance. In the light of the above, this Court is of the view that there is no need to entertain the writ petition by this Court. Therefore, this writ petition is dismissed. It is open to the petitioner to approach the competent authority, if any, under the statute if he desires so. It is hereby made clear that this

W.P.(C) No. 14238 of 2015 -2Court was not expressed anything regarding the merit of the case including the locus standi of the petitioner. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.