IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WA.No. 931 of 2011 -------------------- AGAINST THE ORDER IN WPC.115/2011 Dated 16/03/2011 .................... APPELLANTS/RESPONDENTS: -------------------------------- 1. STATE OF KERALA,REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT,GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. BY SENIOR GOVERNMENT PLEADER, SRI.BENNY GERVACIS. RESPONDENTS/PETITIONER & RESPONDENT: ------------------------------------------------- 1. SAINABHA, LECTURER IN BOTONY,FAROOK COLLEGE, KOZHIKODE,W/O.V.T.AHAMMED IQBAL,AGED 51, 19/404 B,GULSHAN, PO CHALAPPURAM,KOZHIKODE. 2. UNIVERSITY OF CALICUT,THENJIPPALAM, REP.BY THE REGISTRAR. 3. PRINCIPAL, FAROOK COLLEGE,FAROOK. R1 BY ADV. SRI.K.S.NADHUSOODANAN R2 BY ADV. SRI.SANTHOSH MATHEW R3 BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 931 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of August, 2011 JUDGMENT J.Chelameswar, C.J. All the respondents are already represented by their respective counsel. The appeal arises out of an interim order dated 16.03.2011. 2. In substance, the relief sought in the interim prayer and the main prayer are identical. Therefore, we are of the opinion that the interim order under appeal ought not to have been granted during the pendency of the writ petition. In the circumstances, the appeal is disposed of. The order under appeal is vacated. All the learned counsel appearing for various parties agree that the writ petition itself be heard on 26.08.2011. 3. As submitted by the learned counsel for the writ petitioner that the issue involved in the writ petition is covered in his favour by earlier judgments of this Court reported in Anilkumar v. Beena [2000(1) KLT 286], Usha Ratnam v. State of Kerala [2001(3) KLT 161] and Balakrishnan v. State W.A. No. 3931 of 2011 -:2:- of Kerala [2005(3) KLT 362]. We make it clear that we are not recording any conclusion except recording the submission. 4. In the circumstances, we deem it appropriate to direct that the writ petition itself be listed for hearing on 26.08.2011 before appropriate Bench. All the counsel appearing in the case agree with the said course. The Writ Appeal is disposed of as above. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb