IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 OP.No. 21540 of 1998(L) ----------------------- PETITIONER(S): ---------------------- REV. PHILIP VARGHESE, PRINCIPAL, ST. THIMAS COLLEGE, KOZHENCHERI P.O., PATHANAMTHITTA DISTRICT BY ADV. SRI.P.SUKUMARAN NAYAR, SENIOR ADVOCATE SRI.G.UNNIKRISHNAN SRI.G.P.SHINOD RESPONDENT(S): ------------------------ 1. THE MAHATMA GANDHI UNIVERSITY, APPELLATE TRIBUNAL, THIRUVANANTHAPURAM. 2. THE EDUCATIONAL AGENCY OF THE ST. THOMAS COLLEGE, KOZHENCHERI. 3. THE MANAGER, ST. THOMAS COLLEGE, KOZHENCHERI P.O., PATHANAMTHITTA DISTRICT. 4. THE MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM, REPRESENTED BY THE REGISTRAR. 5. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 7. T.M. THOMAS, THADATHUKALAYIL HOUSE, NALKALIKAL P.O., ARANMULA. ADV. SRI.K.GOPALAKRISHNA KURUP, SC,M.G.UTY. SRI.GEORGE CHERIAN (THIRUVALLA) FOR SRI.P.V.RAMESH SHANKAR FOR SRI.P.G.CHACKO FOR T.A. SHAJI, SC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/10/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 21540 of 1998(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE JUDGMENT DATED 26.8.1998 IN APPEAL NO. 19 OF 1997 BEFORE THE MAHATMA GANDHI UNIVERSITY APPELLATE TRIBUNAL, THIRUVANANTHAPURAM. EXT.P2 - TRUE COPY OF THE REPORT OF THE PRINCIPAL SELECTION COMMITTEE. EXT.P3 - TRUE COPY OF THE ORDER NO. AC.BI.3 MISC/96 DATED 17.8.1998 ISSUED BY THE DEPUTY REGISTRAR (ACADEMIC), MAHATMA GANDHI UNIVERSITY. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... O.P No.21540 of 1998 ................................................. Dated this the 1th day of October, 2009 J U D G M E N T This writ petition is filed by a teacher of the St.Thomas College, Kozhencherry challenging an order of the Kerala University Appellate Tribunal. He has already retired from service. Challenging the very same order, the Manager had filed O.P. No. 18559 of 1998 before this Court in which a learned Judge of this court had passed the following judgment: “ The petitioner herein is the Manager of St.Thomas College, Kozhencherry. This original petition is filed aggrieved by Exhibit P5 judgment rendered by the Mahatma Gandhi University Appellate Tribunal. As per the impugned order of the Tribunal, the order dated 30.04.1997 issued by the Manager appointing the 2nd respondent before the Tribunal as Principal was set aside. 2. In C.M.P.No.32790/1998, on 26.09.1998, this Court had passed an interim order of stay. It is submitted by the learned counsel for the petitioner that in the light of the interim order passed by this Court, the 2nd respondent continued as Principal and he has already retired from service. It is also pointed out that the first respondent who had approached the Tribunal has also retired from service. It is clear that the direction by the Tribunal to prepare a seniority list etc. has no relevance at this distance of time. Therefore, no further orders are called for in this original petition except to state that the legal issues raised by the petitioner are left open.” O.P No.21540 of 1998 -2- In view of the same, this original petition is also disposed of in terms of that judgment. S. SIRI JAGAN, JUDGE rhs