IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 11569 of 2008(B) ---------------------------------------- PETITIONER(S): ----------------------- DR.A.M. MURALEEDHARAN, PRINCIPAL, S.E.S. COLLEGE, SREEKANDAPURAM, KANNUR DISTRICT. BY ADV. MR.M.A.FIROZ, MR.GEORGE MECHERIL. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KANNUR UNIVERSITY, MANGATTUPARAMBA, KANNUR UNIVERSITY CAMPUS P.O, KANNUR, REPRESENTED BY ITS REGISTRAR. 3. THE MANAGER, S.E.S.COLLEGE, SREEKANDAPURAM, KANNUR DISTRICT. R1 BY GOVERNMENT PLEADER MR.V. MANU. R2 BY ADV. MR.M.SASEENDRAN,SC,KANNUR UNIVERSITY. R3 BY ADV. MR.P.C.IYPE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11569/2008-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER DATED 09/05/2007 ISSUED BY S.E.S. COLLEGE, SREEKANDAPURAM. EXT.P2: COPY OF THE GO(RT)NO.835/2007/H.EDN. DATED 28/04/2007 OF THE GOVERNMENT. EXT.P3: COPY OF THE APPLICATION DATED 17/10/2006 SUBMITTED TO THE STATE GOVERNMENT. EXT.P4: COPY OF THE COMMUNICATION ADDRESSED TO THE REGISTRAR CALICUT UNIVERSITY DATED 06/02/2007. EXT.P5: COPY OF THE NO OBJECTION CERTIFICATE DATED 26/09/2006 ISSUED BY THE ZAMORIN'S GURUVAYURAPPAN COLLEGE. EXT.P6: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE KANNUR UNIVERSITY ON 14/02/2007. EXT.P7: COPY OF THE RELIEVING ORDER DATED 09/05/2007 ISSUED BY THE PRINCIPAL, ZAMORIN'S GURUVAYURAPPAN COLLEGE. EXT.P8: COPY OF THE JOINING REPORT DATED 10/05/2007 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P9: COPY OF THE G.O.(RT).NO.921/07 DATED 11/05/2007 ISSUED BY HIGHER EDUCATION DEPARTMENT. EXT.P10: COPY OF THE ORDER DATED 18/05/2007 IN WP(C) NO. 15378/2007. EXT.P11: COPY OF THE ORDER DATED 15/05/2007 IN WP(C) NO. 15378/2007. EXT.P12: COPY OF THE JUDGMENT DATED 13/11/2007 IN WP(C) NO. 15378/2007. EXT.P13: COPY OF THE APPOINTMENT ORDER DATED 24/10/2007 ISSUED BY THE MANAGER S.E.S. COLLEGE TO THE PETITIONER. EXT.P14: COPY OF THE ORDER NO.ACAD/B2/2684/07 DATED 02/11/2007 OF THE REGISTRAR ISSUED BY KANNUR UNIVERSITY. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.11569 OF 2008 (B) -------------------------------------------------- Dated this the 3rd day of March, 2010 J U D G M E N T Prayer sought in the writ petition is to quash Ext.P14 order passed by the Kannur University declining to approve the appointment of the petitioner as Principal of the 3rd respondent college on deputation basis. 2. Petitioner was working as Lecturer in Zamorin's Guruvayurappan College under the Kozhikode University. By Ext.P3 dated 17.10.2006, the 3rd respondent requested the first respondent to sanction the appointment of the petitioner as its Principal for a period of 6 months on deputation basis. It is seen that by Ext.P6 dated 14.2.2006. Kannur University also conveyed its non objection for the appointment of the petitioner on deputation basis as the Principal of the 3rd respondent college. Based on Exts.P3 and P6, the Government issued Ext.P2 dated 28.4.2007, according sanction for the deputation of the petitioner, as Principal of the 3rd respondent college for a period of 6 months. Accordingly petitioner assumed charges as Principal. WPC.No. 11569/08 :2 : 3. While so Government issued Ext.P9 order dated 11.5.2007 withdrawing Ext.P2 order sanctioning appointment of the petitioner on deputation basis. Petitioner challenged Ext.P9 order before this Court by filing Writ petition No.15378/2007. That writ petition was admitted and by Ext.P10 order dated 18.5.2007, Ext.P9 order, which was marked as Ext.P8 therein, was stayed for a period of one month. Subsequently, by Ext.P11 order the stay of Ext.P9 already granted was extended by a further period of 2 months, The stay order was extended thereafter. Accordingly petitioner continued as Principal of the College. The writ petition came up for final hearing on 13.11.2007 and taking into account the fact that the period of deputation granted to the petitioner expired on 8.11.2007 during which the order of stay continued in force, the writ petition was closed as infructuous. A copy of the judgment is Ext.P12. 4. In the meanwhile, by Ext.P13 dated 24.10.2007, the 3rd respondent appointed the petitioner as Principal on regular basis. On the appointment of the petitioner on deputation basis, approval of his appointment was sought from the University. The Syndicate considered the matter and resolved not to approve the appointment of the petitioner on deputation basis. This was conveyed to the petitioner by Ext.P14 order dated 2.11.2007. It is challenging WPC.No. 11569/08 :3 : Ext.P14 that this writ petition is filed. 5. The case of the petitioner is that on the basis of the deputation, he assumed charged as Principal and continued as such for the entire period. According to him, although by Ext.P9, the deputation was withdrawn, in view of the orders passed by this court he discharged the duties of the post of Principal and therefore is entitled to have the appointment approved by the University. 6. The University has filed a counter affidavit. The main contention raised by the University is that although Ext.P9 order was challenged in WP(c).No.15378/07, since the writ petition was disposed of as infructuous by Ext.P10 judgment, Ext.P9 order was not interfered by this court. It is stated that since by Ext.P9 the deputation was withdrawn and as the said order was not interfered with, the University is justified in not approving the appointment of the petitioner. 7. I have considered the submissions made. In my view, the University has approached the issue in a very technical manner. Admittedly, on the basis of the orders issued by the 3rd respondent College, University and the Government, petitioner assumed charge as Principal and discharged duties for the entire period of WPC.No. 11569/08 :4 : deputation. It was in the meanwhile that Ext.P9 order was issued. Immediately thereafter petitioner challenged Ext.P9 order and the order was stayed by this court. The stay order continued until the writ petition was disposed of by Ext.P12 judgment. Therefore, although technically speaking this court did not quash the order, the fact is that implementation of the order was kept in abeyance for the entire period of deputation. If that be so, for all practical purposes, his assumption of charge and discharging of duty as Principal has to be recognized as regular and on that basis approval of the appointment ought to have been considered by the University. If so considered, there is no reason for the University to decline the approval as it has done by Ext.P14. Therefore, in my view Ext.P14 cannot be sustained. Accordingly the writ petition is disposed of directing the University to approve the appointment of the petitioner as Principal of the 3rd respondent college on deputation basis for the period from 10.5.2007 to 24.10.2007. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 11569/08 :5 :