IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 15166 of 2004(E) --------------------------------------- PETITIONER(S): ------------------------ THE MANAGER, ST. THOMAS COLLEGE, KOZHENCHERRY P.O., PATHANAMTHITTA. BY ADV. SRI.BABU VARGHESE RESPONDENT(S): -------------------------- 1. T.M. THOMAS, (RESIDING AT THADATHUKALAYIL HOUSE, NALKALIKAL P.O., ARANMULA) SELECTION GRADE LECTURER (RETD.) DEPARTMENT OF ENGLISH, ST. THOMAS COLLEGE, KOZHENCHERRY. 2. DR. P.J. PHILIP, PRINCIPAL (RTD.) ST. THOMAS COLLEGE, KOZHENCHERRY. 3. THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR PRIYADARSHINI HILLS P.O., KOTTAYAM. 4. THE DIRECTOR OF COLLEGIAGTE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM. 5. THE MAHATMA GANDHI UNIVERSITY APPELLATE TRIBUNAL, THIRUVANANTHAPURAM. R1 BY ADV.SRI.M.P.MADHAVANKUTTY R3 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2010, ALONG WITH WPC NO. 16687 OF 2005 WPC NO. 18370 OF 2004 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15166/2004 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDERS OF THIS HONOURABLE COURT IN CMP. 32790/98 IN OP. 18559/98 DT.D 26.9.1998. P2:- COPY OF THE APPEAL NO.8/99 AND THE IA. FILED BY the SIT RESPONDENT BEFORE THE 5TH RESPONDENT TRIBUNAL. P3:- COPY OF THE COUNTER AFFIDAVIT DT. 25.6.99 FILED BY THE PETITIONER HEREIN P4:- COPY OF THE ORDERS PASSED BY THE 5TH RESPONDENT TRIBUNAL ON 6.11.1999. P5:- COPY OF THE AFFIDAVIT AND PETITION FILED BY THE PETITIONER FOR MODIFICATIN/CORRECTION IN THE ORDERS DTD. 6.11.1999. P6:- COPY OF THE REPORT AND RECOMEMNDATIONS OF THE SELECTION COMMITTEE APPOINTED BY THE METROPOLITAN. P7:- COPY OF THE ORDER OF APPOINTMENT ISSUED TO THE 2ND RESPONDENT AS THE PRINCIPAL. P8:- COPY OF THE JUDGMENT OF THE 5TH RESPONDENT TRIBUNAL IN APPEAL NO.8/99 DTD. 28.2.04. TRUE COPY P.A. TO JUDGE tss S.SIRI JAGAN, J. ================== W.P.(C).Nos.15166 & 18370 of 2004 and 16687 of 2005 ================== Dated this the 15th day of November, 2010 J U D G M E N T The issue involved in these writ petitions relates to the right of the manager of an aided college to appoint a principal of his own choice. It is admitted by all parties that this issue is covered by a decision of the Supreme Court in favour of the manager in Malankara Syrian Catholic College v. Jose [2007 (1) KLT 22 (SC)]. Even otherwise, the teachers who vie with each other for appointment as principal have already retired from service. Accordingly, these writ petitions are disposed of in terms of the said judgment, as follows: The impugned order of the Mahatma Gandhi University Appellate Tribunal in Appeal No.8/99 (M.G) produced as Ext.P8 in W.P.(C).No. 15166/2004 is quashed. The appointments made by the manager to the post of principal are declared to be valid and proper. The University shall take steps to approve such appointments, if not already approved. The concerned teachers shall be paid retirement benefits as if they have been validly appointed to the said post, expeditiously. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2