IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 29883 of 2007(G) -------------------------- PETITIONER(S): --------------- SARAMMA THOMAS, RETRENCHED JUNIOR LECTURER IN CHEMISTRY, MILAD-E-SHERIF MEMORIAL COLLEGE, KAYAMKULAM, RESIDING AT PUNATHALOOR, VAZHARMANGALAM, CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.BINOY VASUDEVAN RESPONDENT(S): --------------- 1. THE PRINCIPAL, MILAD-E-SHERIF MEMORIAL COLLEGE, KAYAMKULAM. 2. THE MANAGER, MILAD-E-SHERIF MEMORIAL COLLEGE, KAYAMKULAM. 3. THE UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR. 4. THE VICE-CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 5. A.SHEELA, LACTURER IN CHEMISTRY, MILAD-E-SHERIF MEMORIAL COLLEGE, KAYAMKULAM. 6. RAJASREE P.NAIR, LECTURER IN CHEMISTRY, -DO- -DO-. 7. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO HIGHER EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R3 & 4 SENIOR GOVERNMENT PLEADER, SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, ALONG WITH RP NO. 21 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29883 of 2007(G) APPENDIX PETITIONER'S EXTS: EXT.P1TRUE COPY OF THE ORDER DT.13/12/1982 APPOINTING PETITIONER AS JUNIOR LECTURER BY THE GOVERNING BODY OF THE 1ST RESPONDENT. EXT.P2TRUE COPY OF THE ORDER, APPROVING THE PETITIONER SERVICE DATED 25/11/1982, BY THE 3RD RESPONDENT, UNIVERSITY OF KERALA. EXT.P3TRUE COPY OF THE CERTIFICATE DT.16/03/1984 ISSUED BY THE GOVERNING BODY OF THE 1ST RESPONDENT. EXT.P4TRUE COPY OF THE ORDER DT.3/4/1985 OF THE GOVERNING BODY OF THE 1ST RESPONDENT, PROMOTING THE PETITIONER AS LECTURER IN CHEMISTRY EXT.P5TRUE COPY OF THE ORDER DT.28/02/1986 OF 3RD RESPONDENT, APPROVING PETITIONER'S SERVICE FROM 15/11/1984 TO 09/1/1985 EXT.P6TRUE COPY OF THE ORDER DT.21/03/1987 OF 3RD RESPONDENT, APPROVING PETITIONER'S SERVICE FROM 10/01/1985 TO 06/01/1986 EXT.P7TRUE COPY OF THE ORDER DT.11/06/1987 OF 3RD RESPONDENT, APPROVING PETITIONER'S SERVICE FROM 07/01/986 TO 05/02/1986, 06/02/1986 TO 20/08/196, 21/08/1986 TO 20/09/1986, 21/09/1986 TO 20/10/1986, 21/10/1986 TO 30/10/1986, 01/11/1986 TO 14/11/1986 AND 15/11/1986 TO 18/12/1986. EXT.P8TRUE COPY OF THE CERTIFICATE DT.22/03/1989 ISSUED BY THE 1ST RESPONDENT, CERTIFYING PETITIONER'S CONTINUOUS SERVICE FROM 15/12/1982 TO 18/12/1986 EXT.P9TRUE COPY OF THE REPRESENTATION DT.18/03/1998 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P10 TRUE COPY OF THE REPRESENTATION DT.28/01/2000, SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT WITH COPY TO RESPONDENTS 1, 2 AND MINISTER FOR EDUCATION, THIRUVANANTHAPURAM. EXT.P11TRUE COPY OF INTIMATION ISSUED TO THE PETITIONER, DT.10/02/2000, FORWARDING EXT.P10 REPRESENTATION TO THE SIXTH RESPONDENT. EXT.P12 TRUE COPY OF THE REMINDER DT.14/02/2001 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P13 TRUE COPY OF THE REMINDER DT.12/11/2002 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P14 TRUE COPY OF THE REMINDER DT.06/03/2002 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P15 TRUE COPY OF THE GO MS NO.173/92/H.EDN., DT.11/11/1992 EXT.P16 TRUE COPY OF THE JUDGMENT IN WPC NO.1335/2004 PASSED BY THIS COURT DT.14/01/2004 EXT.P17 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DT.06/04/2004 EXT.P18 TRUE COPY OF THE JUDGMENT DT.14/06/2007 IN WPC 23123/2004 RESPONDENTS EXTS: NIL \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.29883/2007-G and R.P.No.21/2008 in W.P.(C).No.23123/2004-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27 th day of October, 2011 J U D G M E N T These two cases have been filed by the same petitioner. I will first deal with the Review Petition filed by the petitioner, viz. R.P.No.21/2008 in W.P. (C). No.23123/2004 since the same will have bearing on the W.P.(C).No.29883/2007. 2. W.P.(C). No.23123/2004 was disposed of by Judgment dated 14/06/2007. The claim for appointment raised by the petitioner was considered by the Vice Chancellor which led to the passing of Ext.P17 order produced therein. This Court noticed that there was no challenge against the said order and unless the said order is duly varied by any process known to law, the petitioner cannot succeed. Accordingly, W.P.(C). No.23123/2004 stood dismissed. 3. In the Review Petition, the petitioner points out that the non challenge of Ext.P17 produced in W.P. (C). No.23123/2004 was due to an omission on the part R.P.No.21/2008 & W.P.(C).No.29883/2007-G -:2:- of the then Counsel appearing for the petitioner and the petitioner was unaware of the same. Ext.P17 is an order dated 06/04/2004 issued by the Vice Chancellor of the University. Actually, the said order, elaborately details the contentions of the petitioner and after considering the pleas raised by the University and the new appointees, the Vice Chancellor was of the view that the approval of their appointments have been made ten years back and, therefore, the claim is belated. 4. In the absence of the challenge of Ext.P17, this Court cannot obviously adjudicate the claim of the petitioner for appointment. In that view of the matter, W.P.(C). No.23123/2004 was dismissed. There is no apparent error in the Judgment as admittedly, Ext.P17 was not under challenge. Apart from that, the proceedings of the University will show that the petitioner approached the University only ten years after the grant of approval of the appointment of the contesting respondents. The reasons shown in Ext.P17 are also unassailable. Therefore, I am not satisfied R.P.No.21/2008 & W.P.(C).No.29883/2007-G -:3:- that the petitioner has made out a case for interference in the matter. In that view of the matter, the Review Petition is dismissed. 5. The very same order issued by the University is under challenge in W.P.(C).No.29883/2007. In the light of the dismissal of the Review Petition, the contentions therefore are barred by the Principles of Res Judicata. Therefore, the said writ petition is also dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms