IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 35069 of 2010(G) -------------------------- PETITIONER(S): --------------- 1. CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM REPRESENTED BY MANAGER OF COLLEGES, BISHOP'S HOUSE, KOTHAMANGALAM. 2. JOY.N. PRINCIPAL, NIRMALA COLLEGE, MUVATTUPUZHA. BY ADV. SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM. 2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 3. DEPUTY DIRECTOR OF COLEGIATE EDUCATION, ERNAKULAM. MS.NISHA BOSE, GOVERNMENT PLEADER MR.T.A.SHAJI, SC FOR THE UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010, ALONG WITH WP(C) NO.35117/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- W.P.(C).Nos.35069 & 35117 OF 2010 ---------------------------------- Dated this the 7th day of December, 2010 JUDGMENT The first petitioner in WP(C) No.35069 of 2010 is the Corporate Educational Agency in respect of Nirmala Collge, Muvattupuha. It is stated that Nirmala College, Muvattupuha is a Christian Minority Educational Institution. The petitioner relies on Ext.P1 certificate dated 15.7.2010 issued by the National Commission for Minority Educational Institutions. A vacancy of Principal arose in the college on the retirement of the Principal on 31.3.2010. The first petitioner appointed the second petitioner as Principal with effect from 1.4.2010. The second petitioner was also appointed as the Drawing & Disbursement Officer pending approval of his appointment as the Principal. The reliefs in the Writ Petition are the following: “i) issue a writ of mandamus or any other writ or order directing the respondents 1 & 2 to approve Ext.P2 order of appointment of the 2nd petitioner as Principal, forthwith; W.P.(C).Nos.35069 & 35117 OF 2010 2 ii) declare that Section 59(3) of the Mahatma Gandhi University Act cannot apply to Nirmala College, Muvattupuzha, being a minority educational institution; iii) issue such other writ or order as this Hon'ble Court deems fit and proper in the facts and circumstances of this case.” 2. The first petitioner in WP(C) No.35117 of 2010 is the Manager of Bishop Choolaparambil Memorial College(B.C.M.College), Kottayam. It is stated that the said college is a minority educational institution. Ext.P1 certificate dated 20.8.2009 issued by the National Commission for Minority Educational Institutions is relied on by the petitioners. The former Principal of the College retired from service on 31.3.2006. The first petitioner appointed the second petitioner as Principal with effect from 1.4.2006 till 31.3.2010. The proposal for approval was forwarded to the Mahatma Gandhi University. No decision is taken by the University in the matter of approval. 3. The reliefs prayed for in the Writ W.P.(C).Nos.35069 & 35117 OF 2010 3 Petition are the following : “(i) issue a writ of mandamus or any other writ or order directing the first respondent to approve the appointment of the 2nd petitioner as Principal (Ext.P4), forthwith; (ii) declare that Section 59(3) of the Mahatma Gandhi University Act cannot apply to petitioner institution, being a minority educational institution; (iii)issue such other writ or order as this Hon'ble Court deems fit and proper in the facts and circumstances of this case.” 4. The learned counsel for the petitioner submitted that the principles laid down in the decision reported in Secy., Malankara Syrian Catholic College vs. T.Jose and others (2007(1) SCC 386), which was rendered with reference to the relevant provisions in the Kerala University Act, apply to the present case as well. 5. The University has not considered on the merits the proposal for approval of appointment of the second petitioner in the respective Writ W.P.(C).Nos.35069 & 35117 OF 2010 4 Petitions. All the contentions put forward by the petitioners will be appropriately considered by the University while considering the question whether the appointment of the second petitioner in the respective Writ Petitions should be approved. At this stage, I am of the view that the petitioners cannot get the declaration as prayed for in the Writ Petition. A writ of mandamus cannot be issued at this stage directing the first respondent University to approve the appointment of the second petitioner. Leaving open the contentions put forward by the petitioners, the Writ Petition is disposed of directing the University to take a final decision in the matter of approval of appointment of the second petitioner in the respective Writ Petitions within a period of two months from the date of receipt of a copy of the judgment. The University shall also pass appropriate orders to extend the period of approval of the respective second W.P.(C).Nos.35069 & 35117 OF 2010 5 petitioner as Drawing and Disbursing Officer till final orders are passed on the question of approval of appointment of the respective second petitioner. K.T.SANKARAN, JUDGE. cms