IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 3891 of 2011(J) ------------------------------ PETITIONER: -------------- DR.P.P.MOHAMED, B1 QUARTERS, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY-P.O., MALAPPURAM DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ------------------ 1. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY-P.O., MALAPPURAM DISTRICT, PIN-673 635. 2. CALICUT UNIVERSITY, REPRESENTED BY THE REGISTRAR, CALICUT UNIVERSITY-P.O., MALAPPURAM DISTRICT, PIN-673 635. BY SRI. SANTHOSH MATHEW, SC FOR R1 AND R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.3891/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF PROCEEDINGS ISSUED ON 27.8.09 AND COMMUNICATED TO PETITIONER WITH SEPARATE COVERING LETTER ON 31.8.09. EXT. P2 : COPY OF COMMUNICATION No.GS3-2212/09 DTD. 16.3.10. EXT. P3 : COPY OF DECISION OF SYNDICATE HELD ON 21.8.10. EXT. P4 : COPY OF DECISION OF SYNDICATE HELD ON 21.8.10. EXT. P5 : COPY OF COUNTER AFFIDAVIT FILED IN WP(C) 28205/10. EXT. P6 : COPY OF JUDGMENT IN WP(C) 28205/10 DTD. 19.11.10. EXT. P7 : COPY OF NOTIFICATION No.AD.F2/12102/10 DTD. 7.10.10. EXT. P8 : COPY OF COMMUNICATION No.GS3-2212/09 DTD. 28.1.10. EXT. P9 : COPY OF MEMO No.RT/12102/10/REG (7) DTD. 27.1.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.3891 OF 2011 --------------------------------------- Dated this the 5th day of August, 2011. J U D G M E N T The petitioner had approached this Court seeking to quash the action taken leading to Ext.P9 by which interview has been scheduled to fill up the post of Registrar of the University. 2. The petitioner's case in short was that this Court by Ext.P6 judgment had directed the Chancellor of the University to rehear the appeal wherein the challenge was against the action of the University compulsorily retiring the petitioner from service. It is submitted that during the pendency of the writ petition, the appeal has been allowed in favour of the petitioner and he has been reinstated and joined the service also. 3. Learned counsel for the petitioner submitted that since selection process was initiated while the appeal was pending, the same cannot be continued in the light of Chapter 4 Statute 13 of the Calicut University First Statutes, 1977 which reads as follows: W.P.(C) No.3891/2011 2 “13. Appointment in the place of members dismissed, removed or reduced. Where a person has been dismissed, removed or reduced from any class, category or grade in the service, no vacancy caused thereby or arising subsequently in such class, category or grade in the service shall be, substantively filled to the prejudice of such person, until the appeal, if any, preferred by him against such dismissal, removal or reduction is decided, and except in conformity with such decision, or until the time allowed for preferring an appeal has expired, as the case may be”. 4. Heard the learned Standing Counsel for the University also. It is submitted by the learned Standing Counsel that the University has not proceeded with the selection process especially in the light of the interim order. Therefore, in the light of the fact that the petitioner has already joined service, it is declared that the selection process which was initiated in the meanwhile will lapse. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp