IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 10925 of 2008(A) PETITIONER: K.K. MARYKUTTY, RETIRED JUNIOR SUPERINTENDENT, NEWMAN COLLEGE, THODUPUZHA, NOW RESIDING AT JAYARANI CONVENT, THODUPUZHA. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN SRI.PRAMJI PAUL VAZHAPPILLY RESPONDENTS: 1. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, HOSPITAL ROAD, ERNAKULAM. 3. THE MANAGER OF COLLEGES, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, KOTHAMANGALAM. 4. SHRI M.T. MATHAI, RETIRED SENIOR SUPERINTENDENT, PAVANATMA COLLEGE, MURUKKASSERY, IDUKKI DISTRICT, RESIDING AT MUNDAMCHIRA HOUSE, MADAVOOR P.O., MUVATTUPUZHA, PIN-686 669. ADDL.R5 IMPLEADED: 5. K.J.THOMAS, S/O.K.R.JOSEPH, KURIKIYIL HOUSE, NEAR NIRMALA COLLEGE, MUVATTUPUZHA. ADDL.R5 IS IMPLEADED AS PER ORDER DATED 22.7.2008 IN I.A.NO.9219/08. R4 BY ADV. SRI.P.J.MATHEW R5 BY ADV. SRI.K.B.ARUNKUMAR GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2010, ALONG WITH WPC NO.9062 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C) NO.10925 OF 2008 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT OF THIS COURT IN O.P.NO.33585 OF 2001 DATED 9.7.2003. EXT.P2 TRUE COPY OF THE ORDER NO.E3(F3)41238/03/COLL.EDN. DATED 7.3.2005 ISSUED BY THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF THE LETTER NO.283/07 DATED 10.9.2007 OF THE PRINCIPAL OF NEWMAN COLLEGE, THODUPUZHA TO THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 30.3.2007 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT. EXT.P5 TRUE COPY OF THE NOTICE NO.CO-OP.MG.09/08 DATED 21.2.2008 FROM THE THIRD RESPONDENT TO THE PETITIONER. EXT.P6 TRUE COPY OF THE JUDGMENT DATED 31.10.2005 OF THIS COURT IN O.P.NO.26962 OF 1999. EXT.P7 TRUE COPY OF THE ORDER NO,.E3(F3) 54406/99/COLL.EDN. DATED 23.1.2007 ISSUED BY THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION. EXT.P8 TRUE COPY OF THE ORDER NO.F4/6961/07/COLL.EDN. DEPT. DATED 31.12.2007 ISSUED BY THE FIRST RESPONDENT. EXT.P9 TRUE COPY OF THE ORDER NO.ESTT.F3.54406/99/COLL.EDN. DATED 8.6.2001 ISSUED BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R4(a) TRUE COPY OF THE ORDER OF APPROVAL ISSUED BY THE FIRST RESPONDENT. EXT.R4(b) TRUE COPY OF THE G.O.(P)NO.1042/79/(143)/FIN. DATED 27.11.1979. EXT.R4(c) TRUE COPY OF THE G.O.(MS)NO.13/81/H.EDN. DATED 30.7.1981. //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NOS.10925 & 9062 OF 2008 ------------------------------------------------------ Dated this the 22nd day of October, 2010 JUDGMENT The petitioner in W.P.(C) No.10925 of 2008, namely, K.K.Marykutty, and petitioners in W.P.(C) No.9062 of 2008, namely, M.T.Mathai and K.J.Thomas, were working in colleges under the same corporate management. There was dispute regarding seniority between M.T.Mathai and K.J.Thomas, which led to O.P.No.26962 of 1999. That Original Petition was disposed of as per the judgment dated 31.10.2005, directing the Director of Collegiate Education to dispose of the representation dated 27.7.1999 submitted by M.T.Mathai, after notice to him, K.J.Thomas, the Manager and any other affected party. In compliance with that judgment, the Director of Collegiate Education passed the order dated 23.1.2007, which is under challenge in W.P.(C) No.10925 of 2008, filed by K.K.Marykutty. M.T.Mathai and K.J.Thomas together filed W.P.(C) No.9062 of 2008 for the issue of a Writ of Mandamus for enforcing the order dated 23.1.2007 passed by the Director of Collegiate Education. W.P.(C) NOS.10925 & 9062 OF 2008 :: 2 :: 2. The contention raised by K.K.Marykutty is that the Director of Collegiate Education did not issue any notice to her before passing the order dated 23.1.2007 though it is clear from the order itself that she is an affected party. Therefore, it is submitted by Sri.K.R.B.Kaimal, the learned senior counsel appearing for K.K.Marykutty, that the order dated 23.1.2007 is liable to be quashed. 3. There is no case for any of the respondents that K.K.Marykutty was heard by the Director of Collegiate Education. A perusal of the order dated 23.1.2007 would make it clear that the representation dealt with by the Director and which is referred to in the order indicates that K.K.Marykutty, A.V.Annakutty and Thankamma Joseph are all affected parties. Still, K.K.Marykutty was not heard before passing the order against her. 4. In the admitted fact situation, the order dated 23.1.2007 passed by the Director of Collegiate Education is liable to be quashed and I do so. The Director of Collegiate Education shall consider the case afresh and dispose of the same after affording an W.P.(C) NOS.10925 & 9062 OF 2008 :: 3 :: opportunity of being heard to all the affected parties. W.P.(C) No.10925 of 2008 is allowed to that extent. 5. In view of the order in W.P.(C) No.10925 of 2008, W.P.(C) No.9062 of 2008 is liable to be dismissed. Accordingly, W.P.(C) No.9062 of 2008 is dismissed. The Director of Collegiate Education shall dispose of the matter as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment. The petitioners in both the Writ Petitions shall produce the correct address of the petitioners before the Director of Collegiate Education within a period of three weeks to facilitate issue of notice of hearing to all of them. (K.T.SANKARAN) Judge ahz/