IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 3947 of 2008(T) ------------------------- PETITIONER: ------------------- DR.K.K.JOSE, S/O.KURIAKOSE, AGED 50 YEARS, RESIDING AT KARIPPAKUDIYIL HOUSE, RAMAPURAM BAZAAR P.O., KOTTAYAM DISTRICT 686 576. BY ADV. SRI.BABY ISSAC ILLICKAL RESPONDENT(S): ----------------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM. 2. THE VICE-CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3947 of 2008(T) ------------------------------------ APPENDIX ----------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE ORDER OF APPOITMENT AS LECTURER DT. 20.9.1982. EXT.P2. COPY of the NOTIFICATION DTD. 26.12.2002 ISSUED BY THE 1ST RESPONDENT. EXT.P3. COPY OF THE ORDER OF THE 1ST RESPONDENT DTD. 10.8.1993. EXT.P4. COPY OF THE BIO-DATA OF THE PETITIONER EXT.P5. COPY OF THE UNIVERSITY LETTER TO THE PETITIONER DTD. 04..42005. EXT.P6. COPY OF THE RELIEVING ORDER FROM THE MANAGER. ST. THOMAS COLLEGE, PALA 05.4.05. EXT.P7. COPY OF THE ORDER DTD. 20.4.2005 APPOINTING THE PETITIONER AS DSS. EXT.P8. COPY OF THE UNIVERSITY ORDER DTD. 16.11.05 EXT.P9. COPY OF THE DECLARATION OF PROBATION ORDER DTD. 16.6.2007. EXT.P10. COPY OF THE REPRESENTATION DTD. 26.6.07. EXT.P11. COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT DTD. 22.11.2007. EXT.P12. COPY OF THE REPLY DTD. 3.12.2007. EXT.P13. COPY OF THE REQUEST OF THE PETITIOER TO VICE CHANCELLOR DTD. 08.12.2007. EXT.P14. COPY OF THE REPRESENTTION DTD. 26.12.07. EXT.P15. COPY OF THE RELIEVING ORDER DTD. 28.12.2007. EXT.P16. COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 2ND RESPODENT DTD. 10.1.08. EXT.P17. COPY OF JUDGMENT IN WPC 24756/2007 RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.3947 OF 2008 --------------------------------------- Dated this the 11th day of March, 2011. J U D G M E N T The petitioner approached this Court challenging Exhibit P9 order whereby the petitioner has been declared to have satisfactorily completed the period of probation in the post of Director, Department of Student Services with effect from 05.04.2006. 2. According to the petitioner, the post of Director is a teaching post and therefore, the declaration of probation as a member of non-teaching staff cannot be justified. Learned counsel for the University submitted that the said contention cannot be accepted. It is seen from Exhibit P15 that the petitioner has already been relieved from his duties. 3. Learned counsel for the petitioner prayed for an opportunity to approach the University itself for a reconsideration of Exhibit P9. It is the case of the petitioner that his predecessors were treated as members of the teaching faculty. W.P.(C) No.3947/2008 2 I am not expressing anything on the merits of the matter. If the petitioner files a representation before the University within a period of one month, the same will be considered in accordance with the relevant provisions and a decision will be taken and communicated to the petitioner within a further period of three months. It is open to the petitioner to rely upon any materials which he wants to produce before the University. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp