IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 OP.No.18559 of 1998(H) --------------------------- PETITIONER: -------------- THE MANAGER, ST. THOMAS COLLEGE, KOZHENCHERRY P.O., PATHANAMTHITTA. BY MR.BABU VARGHESE, ADVOCATE. RESPONDENTS: ------------------ 1. T.A. THOMAS, SELECTION GRADE LECTURER, DEPARTMENT OF ENGLISH, ST. THOMAS COLLEGE, KOZHENCHERRY. 2. REV.PHILIP VARGHESE, PRINCIPAL, ST. THOMAS COLLEGE, KOZHENCHERRY. 3. THE MAHATMA GANDHI UNIVERSITY, REP. BY ITS REGISTRAR PRIYADARSHINI HILLS, KOTTAYAM. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM. 5. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 6. THE MAHATMA GANDHI UNIVERSITY, APPELLATE TRIBUNAL, THIRUVANANTHAPURAM. BY MR.P.SUKUMARAN NAYAR, SENIOR ADVOCATE. MR.G.UNNIKRISHNAN, ADVOCATE, FOR R2 MR.P.V.RAMESH SHANKAR, ADVOCATE. MR.G.P.SHINOD, ADVOCATE. MR.GEORGE CHERIAN (THIRUVALLA), ADVOCATE, FOR R1. MR.T.A. SHAJI, SC, M.G.UNIVERSITY FOR R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No.18559/1998 Order on C.M.P.No.32790/1998 in OP.No.18559/1998 Dismissed. 02.06.2009 Sd/- T.R. RAMACHANDRAN NAIR, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the ORDER OF APPOINTMENT ISSUED BY THE MANAGER DT. 30.4.1997. EXT. P2 : COPY OF THE APPEAL PETITION FILED BY R1 BEFORE THE TRIBUNAL. EXT. P3 : COPY OF THE ORDER OF APPROVAL GRANTED BY THE UNIVERSITY. EXT. P4 : COPY OF the COUNTER AFFIDAVIT FILED BY THE PETITIONER BEFORE THE TRIBUNAL. EXT. P5 : COPY OF THE JUDGMENT OF THE TRIBUNAL DT. 26.8.98. 1ST RESPONDENT'S EXHIBITS: EXT. R1(a) : COPY OF THE CLERGY PENSION AND GRATUITY RULES OF MAR THOMAS SYRIAN CHURCH. EXT. R1(b) : COPY OF the CERTIFICATE DT. 8.3.97 ISSUED TO THE R1 BY THE TRUSTEE OF ST. THOMAS MAR THOMA CHURCH, KOZHENCHERRY. EXT. R1(c) : COPY OF REPORT DT. 1.3.97 OF PRINCIPAL SELECTION COMMITTEE. EXT. R1(d) : COPY OF PETITIONER'S COUNTER AFFIDAVIT DT. 7.6.97 FILED IN O.P.No.7058/97 IN THIS HON'BLE COURT. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P. No.18559 OF 1998 --------------------------------------- Dated this the 2nd day of June, 2009. J U D G M E N T The petitioner herein is the Manager of St.Thomas College, Kozhencherry. This original petition is filed aggrieved by Exhibit P5 judgment rendered by the Mahatma Gandhi University Appellate Tribunal. As per the impugned order of the Tribunal, the order dated 30.04.1997 issued by the Manager appointing the 2nd respondent before the Tribunal as Principal was set aside. 2. In C.M.P.No.32790/1998, on 26.09.1998, this Court had passed an interim order of stay. It is submitted by the learned counsel for the petitioner that in the light of the interim order passed by this Court, the 2nd respondent continued as Principal and he has already retired from service. It is also pointed out that the first respondent who had approached the Tribunal has also retired from service. It is clear that the direction by the Tribunal to prepare a seniority list etc. has no relevance at this distance of time. O.P. No.18559/98 2 Therefore, no further orders are called for in this original petition except to state that the legal issues raised by the petitioner are left open. T.R. RAMACHANDRAN NAIR JUDGE smp