IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WA.No. 147 of 2011() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.11569/2008 Dated 03/03/2010 .................... APPELLANT(S): /2ND RESPONDENT ------------------------------------------------------ KANNUR UNIVERSITY MANAGATTUPARAMBA, KANUR UNIVERSITY CAMPUS P.O.,KANNUR REP.BY ITS REGISTRAR BY ADV. SRI.M.SASINDRAN RESPONDENT(S): PETITIONER & RESPONDENTS 1 AND 3 ---------------------------------------------------------------------------------- 1. DR.A.M.MURALEEDHARAN, PRINCIPAL, S.E.S.COLLEGE, SREEKANDAPURAM, KANNUR DISTRICT 2. THE STATE OF KERALA REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM 3. THE MANAGER, S.E.S.COLLEGE SREEKANDAPURAM,KANNUR DISTRICT BY GOVT. PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ============================================ W.A.No.147 OF 2011 ============================================ Dated this the 8th day of February, 2011 JUDGMENT The appeal is filed by the University challenging the judgment of the learned Single Judge directing the appellant to approve the appointment of the first respondent as a Principal on deputation basis for six months in third respondent College, that is from 10.5.2007 to 24.10.2007. 2. After hearing the learned counsel appearing for both sides, and on going through the judgment, we do not find any justification for interference because the first respondent was allowed to join as Principal on deputation basis in the College of third respondent only because the Government and the University granted approval for the same. However, without any basis, Government later cancelled the approval granted which was challenged WA 147/2011 -:2:- before this court. This court granted stay against operation of the order of the Government withdrawing the approval initially granted and the stay continued for six months and thereafter the writ petition itself was closed as infructuous. Later the first respondent was appointed on regular basis in the College of the third respondent which stands approved by the University. We do not find any justification for the University to challenge the appointment of the first respondent on deputation basis for six months prior to becoming Principal on regular basis because that matter was decided by this court by judgment in O.P.15387 of 2007. The standing counsel for the University contended that prior permission of the Government is mandatory for appointment on deputation basis. However we feel that even though University was not a party it could have challenged the judgment in appeal by filing a petition for leave. We therefore do not find any ground to interfere with the judgment of the learned Single Judge. Consequently WA 147/2011 -:3:- the writ appeal is dismissed. C.N.RAMACHANDRAN NAIR, Judge. BHABANI PRASAD RAY, Judge. lgk