High Court of KeralaWP(C)/16182/2014closed

The Manager, College Of Teacher Education v. The University Of Kerala

2015-04-01Honourable Mr.Justice K.Harilal,Honourable Mr.Justice Thottathil B.Radhakrishnan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 ---------------------------- PETITIONER:

----------------- THE MANAGER, COLLEGE OF TEACHER EDUCATION, ARAKANNOOR, AYUR. BY ADVS.SRI.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM SRI.THOMAS GEORGE RESPONDENTS/ADDL.RESPONDENTS 4 TO 6:

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1. THE UNIVERSITY OF KERALA REP. BY ITS REGISTRAR, THIRUVANANTHAPURAM-695034.

2. THE VICE CHANCELLOR UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695034.

3. THE PRO VICE CHANCELLOR UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695034. *ADDL.R4:

THE CHANCELLOR (REPRESENTED BY THE SECRETARY TO THE CHANCELLOR) UNIVERSITY OF KERALA, RAJ BHAVAN, TRIVANDRUM -695 099. *ADDL.R5:

HARILAL RAJAN FLAT NO.178, RAJAJI NAGAR, G.P.O. TRIVANDRUM -695 001. (*ADDL. R4 & R5 ARE IMPLEADED AS PER ORDER DATED 26/06/2014 IN IA 8448/14.) **ADDL.R6:

ABYIN AMPADIYIL SADANANDAN, MANAGER, SREE NARAYANA INSTITUTE OF TECHNOLOGY, THEPPUPARA, ADOOR P.O., PATHANAMTHITTA DISTRICT - 691 554, RESIDING AT AMPADIYIL NEW BUNGALOW, M.G.ROAD, PANNIVIZHA, ADOOR - 691 523.

(**ADDL.R6 IS IMPLEADED AS PER ORDER DATED 08.12.2014 IN IA 16484/14.) .....2

(2) R1-R3 BY ADV. SRI.O.V.RADHAKRISHNAN (SR.) R1-R3 BY ADV. SMT.K.RADHAMANI AMMA R1-R3 BY ADV. SRI.ANTONY MUKKATH ADDL.R5 BY ADV. SRI.P.RAVINDRAN (SR.) ADDL.R5 BY ADV. SRI.R.SUNIL KUMAR ADDL. R6 BY ADV. SRI.E.K.NANDAKUMAR (SR.) ADDL. R6 BY ADV. SRI.NAGARAJ NARAYANAN ADDL. R6 BY ADV. SRI.SAIJO HASSAN ADDL. R6 BY ADV. SRI.PRATHAP PILLAI ADDL. R6 BY ADV. SRI.BENOJ C AUGUSTIN ADDL. R4 BY SPL. GOVT.PLEADER SRI.TOM K. THOMAS ADDL. R6 BY ADV. SRI.THOMAS ABRAHAM ADDL. R6 BY ADV. SMT.MERCIAMMA MATHEW ADDL. R6 BY ADV. SRI.ASWIN.P.JOHN R1 TO 3 BY SRI.GEORGE POONTHOTTAM,SC,KERALA UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, ALONG WITH WPC. 23859/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE ORDER DATED 30-6-2014 OF THE HIGHER EDUCATION (B) DEPARTMENT.

P2TRUE COPY OF THE ORDER DATED 23-2-2005 PUBLISHED IN GAZETTE OF INDIA PART-III, SECTION 4.

P3TRUE COPY OF THE APPLICATION FOR AFFILIATION OF TRAINING COLLEGE DURING 2004-05.

P4TRUE COPY OF THE ORDER DATED 14-10-2005 ISSUED BY THE 1ST RESPONDENT.

P5TRUE COPY OF THE NORMS FOR APPROVAL OF COLLEGES FOR TEACHER EDUCATION ISSUED BY NCTE.

P6TRUE COPY OF THE ORDER DATED 7-3-2014 ISSUED BY THE 1ST RESPONDENT. P7TRUE COPY OF THE NOTICE DATED 24-4-2014 FROM THE PRO-VICE CHANCELLOR, UNIVERSITY OF KERALA.

P8TRUE COPY OF THE COMPLAINT DATED 1-3-2014 FILED BY ONE HARILAL RAJAN P9TRUE COPY OF THE REQUEST FOR ADJOURNMENT DATED 8-5-2014 TO THE PROVICE CHANCELLOR. P10TRUE COPY OF THE ENQUIRY REPORT DATED 14-5-2014. P11TRUE COPY OF THE LETTER DATED 20-6-2014 ISSUED BY 1ST RESPONDENT P12TRUE COPYOF THE ORDER DATED 16-6-2014 ISSUED BY THE 1ST RESPONDENT. P13TRUE COPY OF LETTER DTD.15.3.14 ISSUED FROM THE SECRETARY TO GOVERNOR RESPONDENT(S)' EXHIBITS:

------------------------- R1(A): TRUE COPY OF THE NCTE REGULATIONS, 2002 AND APPENDIX 7. R1(B): TRUE COPY OF THE AGREEMENT DT.19.9.2005. R1(C): TRUE COPY OF THE COMPLAINT OF HARILAL RAJAN WITH ANNEXURES ADDRESED TO THE VICE-CHANCELLOR OKB //TRUE COPY// P.A. TO JUDGE

THOTTATHIL B. RADHAKRISHNAN & K. HARILAL, JJ. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W.P(C). Nos.16182 & 23859 of 2014 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dated this the 1st day of April, 2015.

JUDGMENT

Thottathil B. Radhakrishnan, J.

These writ petitions are filed by the same writ petitioner challenging certain actions taken by the Vice Chancellor and also seeking a direction to the Vice Chancellor to consider certain issue as preliminary issue. With the passage of time, the question of the Vice Chancellor continuing the exercise of emergency powers does not arise since the Syndicate has been duly constituted. Under such circumstances, it is a matter within the domain of the Syndicate to consider whether the actions taken by the Vice Chancellor have to be ratified or not, and whether such actions should be continued or not. Leaving open all such issues, these writ petitions are closed without expressing anything on merits.

Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE Sd/- K. HARILAL, JUDGE okb.