IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 19570 of 2008(D) -------------------------- PETITIONER(S): --------------- CORPORATE MANAGER,CMC EDUCATIONAL SOCIETY, TRINITY CONVENT,KOLAZHY P.O., THRISSUR - 680 010. BY ADV. SRI.MATHAI.M.PAIKEDAY (SR) SHRI.JOSE THOMAS RESPONDENT(S): --------------- 1. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., THENHIPALAM, MALAPPURAM DISTRICT. 2. UNIVERSITY OF CALICUT THENHIPALAM, MALAPPURAM DISTRICT. REPRESENTED BY ITS REGISTRAR. SC P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- W.P.(C).No.19570 of 2008 ------------------------------------ Dated this the 20th day of July, 2009 JUDGMENT The Writ Petition is filed by the Corporate Manager of C.M.C. Educational Society, Thrissur, which runs St.Mary's College, Thrissur, for the issue of a writ of certiorari to quash Ext.P3 order. 2. In the Writ Petition, it is stated that Doctor Sister Jesme, who was the Principal of St.Mary's College, took leave without allowance from 8th June 2008 to 9th March 2010 for personal reasons. The management decided to appoint Sr.O.G.Kochurani, Lecturer, Selection Grade in the department of Mathematics, as the Principal of the college during the said period. The management sent proposal for approval of appointment of Sister O.G.Kochurani as the Principal. The application was rejected by the University which was communicated as per Ext.P3 dated 7.6.2008. The letter reads as follows: “With reference to the above, I am to request you to forward the proposal for the approval of appointment of Sister Kochurani.O.G., Lecturer Sel. Grade, Department of Mathematics, as the Drawing and Disbursing Officer at the earliest, since there is no provision for the approval of appointment, of Principal for a limited period from 10.3.2008 to 9.3.2010.” WPC No.19570/2008 2 3. The reason stated in Ext.P3 for rejection of the request is that there is no provision for approval of appointment of a Principal for a limited period. The petitioner submits that the stand taken by the University is not correct. It is pointed out that in fact as per Ext.P4 dated 28.3.1992, a Principal was appointed in Vimala College, Thrissur, for a limited period. 4. In the Writ Petition, it is stated that St.Mary's College is under the religious jurisdiction of Roman Catholic Bishop of Thrissur Arch Diocese and it belongs to Christian Minority Community. It is also stated that an application was submitted for the issue of Minority Status Certificate before the National Commission for Minority Educational Institutions in 2006 itself. It is also stated that in May 2006, the management had applied to the State Government for recognising the Minority Status of the college. 5. A counter affidavit is filed on behalf of the respondents wherein, inter alia it is contended as follows. As per Ext.R1(a) letter dated 6.3.2008, the management had informed the University that Sister Kochurani was promoted and appointed as Principal in a leave vacancy subject to the provisions contained in the University Statute and Regulation. There is no provision enabling the approval of appointment of a Principal in a leave vacancy. Only substantive WPC No.19570/2008 3 vacancy of permanent nature of Principal can be approved since there can be only one Principal in a college at a time. Appointment of a Principal dehors the University Act can be made by a management having Minority Status. Minority Status should be declared by a competent authority. The National Commission for Minority Education Act, 2004 and other Government orders govern the field. At the time when the application was made and at the time when it was disposed of, the institution was not having a declaration of Minority Status. Reliance is placed on Exts.R1(b) and R1(c) letters issued by the Government, to contend that the University has to satisfy itself about the Minority Status of the institution and the eligibility of the teacher to be appointed as the Principal. 6. I.A.No.7295 of 2009 is filed by the petitioner to accept additional documents. In the additional affidavit, it is stated that Doctor Sister Jesme who originally took leave without allowance has subsequently applied for voluntary retirement and accordingly, she has retired from service on 7.3.2008. As such a permanent vacancy of Principal arose in the college. Ext.P5 communication issued by the Accounts Officer for Director of Collegiate Education is relied on by the petitioner. The petitioner also relies on Ext.P7 certificate dated 19th May 2009 issued by the National Commission for Minority Educational WPC No.19570/2008 4 Institutions, New Delhi certifying that St.Mary's College, Thrissur, is a Minority Educational Institution. The additional affidavit and additional documents are taken on record. In view of the change in circumstances, the question whether Ext.P3 is legal or valid has become practically sterile. 7. Sri.Mathai Paikeday, Senior Advocate, appearing for the petitioner submitted that an application has been submitted to the University for approving the appointment of Sister Kochurani as the Principal and that the certificate issued by the National Commission for Minority Educational Institution is also relied on by the petitioner in support of the application. The matter is now pending before the University for consideration. Sri.P.C.Sasidharan, learned Standing Counsel for the University submitted that at the time when the petitioner submitted the application, the Minority Status was not declared and the certificate was issued only later. The state of affairs as on the date of application alone shall be taken note of. The senior counsel appearing for the petitioner submitted that while disposing of an application for approval of appointment of the Principal, even subsequent events could be taken note of. The senior counsel also submitted that declaration of Minority Status relates back to the date of application submitted before the Commission and the declaration is WPC No.19570/2008 5 only about the status and the date on which the certificate is issued is not very relevant. All these are matters to be considered by the University while disposing of the application. Learned senior counsel also relied on the decision in St.Berkuman's College vs. Principal Secretary (2009(2) KLT 209). 8. In view of the subsequent developments as stated above, the University shall consider the application submitted by the petitioner for approval of appointment of the Principal of St.Mary's College, Thrissur, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. The Writ Petition is allowed to the above extent. K.T.SANKARAN, JUDGE csl