IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WA.No. 1721 of 2008 ----------------------- AGAINST THE JUDGEMENT IN OP.11727/1996 Dated 05/11/2005 .................... APPELLANT: PETITIONER ---------------------------- DR.P.MUHAMMED SALI, HEAD OF PAST GRADUATE DEPARTMENT (ISLAMIC HISTORY), UNIVERSITY COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.C.P.MOHAMMED NIAS SMT.P.K.SHAKKEELA RESPONDENTS: RESPONDENTS ----------------------------------- 1. THE HON:CHANCELLOR, UNIVERSITY OF KERALA RAJ BHAVAN, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA,REP.BY CHIEF SECRETARY, GOVT.SECRETARIAT, TRIVANDRUM. 3. THE UNIVERSITY OF KERALA, REP.BY THE REGISTRAR, UNIVERSITY BUILDING, TRIVANDRUM. 4. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, TRIVANDRUM. 5. THE SELECTIN COMMITTEE FOR APPOINTMENT OF PROFESSORS, UNIVERSITY DEPARTMENT, KERALA UNIVERSITY, THIRUVANANTHAPURAM.REP.BY THE VICE CHANCELLOR. 6. MOHAMMAD ALI, READER, DEPARTMENT OF ISLAMIC STUDIES, UNIVERSITY OF KERALA, KARIYAVATTOM, TRIVANDRUM. R2 BY GOVT PLEADER SRI BENNY GERVACIZ R3 TO R5 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ W.A.NO: 1721 of 2008 & C.M.Appln. 761 of 2008 ----------------------------------------------------------- Dated this the 22nd August, 2008. JUDGMENT Koshy, J. This is a petition to condone the delay of 915 days in filing the writ appeal. Reasons stated is that the appellant misplaced the file in his house. The appellant was working as Head of Post Graduate Department of Islamic History in the University College, Trivandrum. According to him he ought to have been appointed in the place of sixth respondent as Professor in the year 1995, as the sixth respondent was not qualified on the date of selection. Counter affidavit is filed stating that there were four applicants to the post. Screening committee found that two candidates including sixth respondent was eligible and in selection process sixth respondent was selected as he was qualified. Further, learned Judge closed the writ petition stating that both parties retired. Judgment was dictated in open Court, on the very same date it was argued in the presence of Advocates for both sides. We see no ground to condone delay of more than 900 days in filing the appeal. W.A.1721/08 & C.M.Appln.761/08 2 Delay condonation petition is dismissed. Consequently appeal is also dismissed. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: