IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 24433 of 2007(H) -------------------------------------- PETITIONER(S): --------------------- ST.XAVIER'S COLLEGE, THUMBA, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGER, FR.MATHEW NAMPIAPARAMBIL.S.J. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): ------------------------- 1. THE GOVERNMENT OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. GOVERNMENT PLEADER SRI.T.T.MOHAMOOD FOR R1, R3 ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 24433/2007-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER GO.(MS)313/87/H.EDN. DATED 28/12/1987 ISSUED BY THE 1ST RESPONDENT APPROVING THE COLLEGE AS BACKWARD MINORITY COMMUNITY INSTITUTION AND DIRECTING EXECUTION OF FRESH DIRECT PAYMENT AGEEMENT. EXT.P2: COPY OF THE MINUTES OF THE GOVERNING BODY MEETING DATED 25/03/2007. EXT.P3: COPY OF THE APPOINTMENT ORDER DATED 30/03/2007 ISSUED TO FR. JOSEPH MATHEW S.J. EXT.P4: COPY OF THE REQUEST FOR APPROVAL MADE BEFORE 2ND RESPONDENT AS PER LETTER DATD 30/03/2007. EXT.P5: COPY OF THE ORDER DATED 04/04/2007 APPROVING FR. JOSEPH MATHEW AS DRAWING AND DISUBURSING OFFICER FOR 3 MONTHS FROM 30/03/2007. EXT.P6: COPY OF THE REPRESENTATION DATED 06/07/2007 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P7: COPY OF THE LETTER DATED 11/07/2007 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P8: COPY OF THE REPLY DATED 17/07/2007 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P9: COPY OF THE REQUEST DATED 05/07/2007 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J. -------------------------- W.P.(C) No. 24433 OF 2007 ------------------------------------- Dated this the 28th day of November 2008 J U D G M E N T Heard both sides. 2. The petitioner is a minority educational institution. There arose a vacancy of Principal with effect from 30/03/2007 and one Fr.Joseph Mathew was appointed to that vacancy. Ext.P3 is the order of appointment. Subsequently, the petitioner submitted an application before the University seeking approval of appointment of Fr.Joseph Mathew as Principal of the College and there has not been any progress in the matter, and therefore, the petitioner by Ext.P6 representation requested to expedite orders on their request for approval of the appointment. On receipt of Ext.P6, the University issued Ext.P7 requesting the petitioner to produce certain documents including seniority cum fitness certificate of the appointee. On receipt of W.P.(C) No.24433/2007 -2- Ext.P7, the petitioner replied by Ext.P8 contending that being a minority educational institution, they have the freedom to make appointment irrespective of the seniority of the candidate. They also relied on the Apex Court judgment in Malankara Syrian Catholic College v. Jose (2007(1) KLT 22). Even after Ext.P8, the application dated 06/07/2007 seeking approval of appointment, is still pending without any orders in this behalf. 3. The University's stand appears that the petitioner has not produced seniority cum fitness certificate. Being a minority educational institution, they have the freedom to make appointment of any suitable qualified candidate irrespective of seniority, and there is no justification for the insistence of the University for seniority cum fitness certificate, as done in Ext.P7. Now that final orders on the application dated 06/07/2007 seeking approval of appointment of Fr.Joseph Mathew as the Principal of the Petitioner College is pending before the University, it is W.P.(C) No.24433/2007 -3- directed that the University shall, pass final orders on that application as expeditiously as possible, at any rate, within eight weeks of receipt of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg