IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WA.No. 876 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN OP.1114/2000 Dated 12/01/2009 .................... APPELLANT/PETITIONER IN THE OP ----------------- REV. DR.MATHEW MALEPARAMBIL, SECRETARY, KERALA PRIVATE COLLEGE MANAGEMENTS ASSOCIATION, PHILIP'S HOSTEL, ARUNAPURAM P.O. - 686 574. BY ADV. SRI.BABY ISSAC ILLICKAL RESPONDENTS/RESPONDENTS IN OP -------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. SR.GOVT.PLEADER, SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------- W.A.No.876 OF 2009 ------------------------------- Dated this the 23rd day of May, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellant is the writ petitioner. The writ petition was filed challenging certain clauses of Exts.P4 and P5 Government Orders dated 19.4.1999 and 17.11.1999 respectively. The learned Single Judge dismissed the writ petition on the ground that none of the legal rights of the petitioner is affected by the impugned orders and also for the reason that the beneficiaries of impugned orders are not parties to the writ petitions. 2. Aggrieved by the said judgment, the writ petitioner, who is the Secretary of Kerala Private College Managements Association, has filed this Writ Appeal. For identifying eligible persons for placement to various grades in the UGC scheme, the said scheme provides constitution of a Screening Committee by the appointing authority. But, for the Kerala State, the Government issued G.O.(MS) No.15/94/H.Edn, dated 31.1.1994 W.A.No.876/2009 2 constituting the Screening Committee for the said purpose. In a writ petition filed by the appellant, the said order was quashed by this Court by Ext.P2 judgment. But, certain placements were made on the strength of the above Government Order, before the pronouncement of Ext.P2 judgment. To save those placements, the Government issued the impugned directions. The objectionable portion in Ext.P4 reads as follows: “Government have examined in detail the various issues connected with the judgment of the Hon'ble High Court in O.P.No.8881/96 and the requests made by the teachers organisations and are pleased to order as follows: (1) ........................ (5) The placement orders issued to teachers (Private and Government) based on the decision of the earlier Screening Committee (Committee constituted as per G.O.(MS) No.15/94/H.Edn, dated 31.1.1994) shall be treated as regularised.” Ext.P5 mentions about the above clause and issued further directions. Mainly, the above quoted clause which is contained in Ext.P4 and mentioned in Ext.P5 is under challenge. W.A.No.876/2009 3 3. We notice that the beneficiaries of the above direction of the Government were not parties to the writ petition. So, it was bad for non-joinder of necessary parities. So, the dismissal of the writ petition on that ground is legal and valid. In view of the said ground, this appeal is also dismissed. We are not finally pronouncing on the locus standi of the appellant to maintain the writ petition. His contentions on that point are kept open. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps