IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 13796 of 2007(P) --------------------------------- PETITIONER: --------------- DR.K.SHRREKRISHNAKUMAR,REGIONAL DIRECTOR SCHOOL OF TECHNOLOGY AND APPLIED SCIENCES, MAHATMA GANDHI UNIVERSITY,PULLARIKKUNNU CAMPUS, MALLOOSSERY P.O,KOTTAYAM DISTRICT PIN.686041. BY ADV. SMT. PREETHY KARUNANAKARAN. SMT. MEENA .A. SMT. MINI M.R. SRI. JAYAKAR K.S. RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM- 686 560, REPRESENTED BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM- 686 560. 3. DR.P.R.PRINCE, REGIONAL DIRECTOR, SCHOOL OF TECHNOLOGY & APPLIED SCIENCES, MAHATMA GANDHI UNIVERSITY, PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT. 4. DR.C.S.MENON, READER, SCHOOL OF PURE & APPLIED PHYSICS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS PO, KOTTAYAM- 686 560. ADDL.R5 & R6 (IMPLEADED) 5. REMYA R. PILLAI, RESHMI BHAVAN, KEERIKAD P.O. 6. SMITHA RAJ, MURUPPELAYATHU HOUSE, V. KOTTAYM P.O. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1 & 2 SRI.C.V.MANUVILSAN FOR R3-4 SRI.JOHN K. GEORGE FOR ADDL.R5 & 6 (ADDL.R5 & R6 IMPLEADED AS PER ORDER DT.4.6.07 IN I.A.7140/07) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: acd WP(C).No. 13796 of 2007(P) APPENDIX PETITIONER'S EXHIBITS EXT.P1; COPY OF CURRICULAM VITAE OF PETITIONER. EXT.P2; COPY OF ORDER DTD 15.7.2005 ISSUED BY THE REGISTRAR, MG UNIVERSITY. EXT.P3: COPY OF ORDER DTD 3.2.2006 ISSUED BY THE MG UNIVERSITY. EXT.P4; COPY OF DATED 4.4.2007 SENT BY THE DIRECTOR (RDTE), COIR BOARD, KALAVOOR P.O., ALAPPUZHA TO THE PETITIONER. EXT.P5: COPY OF THE DATED 20.4.2007 SENT BY THE DIRECTOR (RDTE), COIR BOARD KALAVOOR P.O., ALAPPUZHA TO THE PETITIONER. EXT.P6: COPY OF CERTIFICATE DTD 4.1.2007 ISSUED BY SRI.R.RAJENDRAN, WHO WAS HOLDING CHARGE OF THE REGIONAL DIRECTOR OF STAS, PULLARIKKUNNU TO MR. M.S. SUBI. EXT.P6(a): COPY OF THE CERTIFICATE DTD 4.1.2007 ISSUED BY SRI.R.RAJENDRAN, WHO WAS HOLDING CHARGE OF THE REGIONAL DIRECTOR OF STAS, PULLARIKKUNNU TO MR. M.S. SANDEEP. EXT.P7: COPY OF THE LETTER DATED 8.1.2007 SENT BY SRI. R. RAJENDRAN, WHO WAS HOLDING CHARGE OF THE REGIONAL DIRECTOR ON 4.1.2007 TO THE CONTROLLER OF EXAMINATIONS, MG UNIVERSITY. EXT.P8: COPY OF LETTER DTD 3.3.2007 SENT BY THE CONTROLLER OF EXAMINATIONS TO THE REGIONAL DIRECTOR, STAS, PULLARIKKUNNU. EXT.P9: COPY OF CERTIFICATE DTD 21.3.2007 ISSUED BY THE HEAD OF DEPARTMENT OF POLYMER SCIENCE, STAS, PULLARIKKUNNUR TO THE PETITIONER. EXT.P10: COPY OF CERTIFICATE DTD 22.3.2007 ISSUED BY THE PETITIONER TO MR. M.S. SUBI. EXT.P10(a): COPY OF CERTIFICATE DTD 22.3.2007 ISSUED BY THE PETITIONER TO MR. M.S.SANDEEP. EXT.P11: COPY OF LETTER DTD 22.3.2007 SENT BY THE PETITIONER TO THE CONTROLLER OF EXAMINATIONS, MG UNIVERSITY. EXT.P12: COPY OF PETITION DTD 21.2.2007 SUBMITTED BY MR.M.S. SUBI AND OTHERS TO THE VICE CHANCELLOR AND REGISTRAR OF THE UNIVERSITY. EXT.P13: COPY OF COMPLAINT DTD NIL SUBMITTED BY THE DEPARTMENT STUDENTS UNION TO THE VICE CHANCELLOR OF THE UNIVERSITY. EXT.P14; COPY OF THE EXPLANATION DTD NIL SUBMITTED BY THE PETITIONER TO THE VICE CHANCELLOR OF THE UNIVERSITY. EXT.P15: COPY OF THE PRINTOUT OF THE E-MAIL SENT BY DR. T.S. GIRISHKUMAR TO THE VICE CHANCELLOR OF THE UNIVERSITY ON 22.2.2007. EXT.P16: COPY OF LETTER DTD 2.3.2007 SENT BY DR. T.S. GIRISHKUMAR TO THE VICE CHANCELLOR OF THE UNIVERSITY. EXT.P17: COPY OF LETTER DATED 23.2.2007 SENT BY MR. DEEPU A. GOPAKUMAR TO THE VICE CHANCELLOR OF THE UNIVERSITY. WP(C).No. 13796 of 2007(P) EXT.P18: COPY OF LETTER DTD 23.3.2007 SENT BY MISS. USHUS S. TO THE VICE CHANCELLOR OF THE UNIVERSITY. EXT.P19: COPY OF THE LTTER DTD 28.2.2007 SENT BY MISS. LENI LAL AND MISS. SOUMYA RAJU, TO THE VICE CHANCELLOR OF THE UNIVERSITY. EXT.P20: COPY OF THE LETTER DATED NIL SENT BY MISS. KRISHNA AND MISS. KRISHNAPRIYA G TO THE VICE CHANCELLOR OF THE UNIVERSITY. EXT.P21: COPY OF LETTER DATED NIL SENT BY MISS. RESHMI SANKAR TO THE VICE CHANCELLOR OF THE UNIVERSITY. EXT.P22: TRUE COPY OF THE COMPLAINT DATED 13.3.2007 SUBMITTED BY MISS. SMITHA RAJ TO THE VICE CHANCELLOR OF THE UNIVERSITY. EXT.P22(a): COPY OF THE COMPLAINT DTD 13.3.2007 SUBMITTED BY MISS.REMYA R.PILLAI TO THE VICE CHANCELLOR OF THE UNIVERSITY. EXT.P23: COPY OF LETTER DATED 23.3.2007 SENT BY DR. A.P. THOMAS, THE ENQUIRY OFFICER APPOINTED BY THE VICE CHANCELLOR, TO THE PETITIONER. EXT.P24: COPY OF THE NOTE DATED 28.3.2007 SUBMITTED BY THE PETITIONER TO DR. A.P. THOMA, THE ENQUIRY OFFICER APPOINTED BY THE VICE CHANCELLOR. EXT.P25: COPY OF THE QUESTIONS PUT TO THE PETITIONER BY THE ENQUIRY OFFICER AND THE ANSWERS FURNISHED BY THE PETITIONER. EXT.P26: COPY OF THE RESOLUTION ADOPTED BY THE SYNDICATE OF THE UNIVERSITY AT ITS MEETING HELD ON 2.4.2007. EXT.P27: COPY OF NOTE DATED 4.4.2007 ISSUED BY THE FINANCE OFFICER IN-CHARGE OF THE REGISTRAR, MG UNIVERSITY. EXT.P28: COPY OF THE RELEVANT PORTION OF THE RESOLUTION ADOPTED BY THE SYNDICATE OF THE UNIVERSITY AT ITS MEETING HELD ON 16.4.2007. EXT.P29: COPY OF THE REPRESENTATION DATED 20.4.2007 SUBMITTED BY THE PETITIONER TO THE VICE CHANCELLOR OF THE MG UNIVERSITY. RESPONDENTS' EXHIBITS EXT.R3(a): COPY OF THE BIO-DATA OF THE 3RD RESPONDENT. EXT.R4(a): COPY OF OF THE BIO - DATA OF THE 4TH RESPONDENT. EXT.R1(a): COPY OF THE ENQUIRY REPORT DTD 30.3.2007 PREPARED BY DR. A.P. THOMAS ENQUIRY OFFICER. TRUE COPY PA TO JUDGE. acd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.13796 OF 2007 ---------------------------------------------- Dated this the 15th day of June, 2011 JUDGMENT The petitioner filed this writ petition while he was working as a Regional Director in the School of Technology and Applied Sciences at Pullarikkunnu, which is a Self Financing Institution of the Mahatma Gandhi University, who is also in-charge of the duties of the Director of School as per Ext.P2. The institution has another campus at Pathanamthitta. According to the petitioner, research is being carried only in Pullarikkunnu for which the petitioner is the only research guide available and therefore the petitioner is entitled to continue to work at Pullarikkunnu, failing which the research scholars would be adversely affected. He alleges that a group of students of the University owing allegiance to a students organisation by name 'Students Federation of India' was not happy with the measures taken by the petitioner for enforcing discipline in the campus and filed a complaint against the petitioner before the Syndicate. According to the petitioner, the Syndicate also comprised of persons, who W.P.(C)No13796/07 2 were sympathetic to the cause of the Students Federation of India and they have taken a resolution to transfer the petitioner to the Pathanamthitta campus which is according to the petitioner arbitrary and mala fide. It is at that time, the petitioner has file this writ petition seeking the following reliefs: “i) Issue a writ of certiorari or any other appropriate writ or order quashing the decision taken by the Syndicate of the Mahatma Gandhi University on 16.4.2007, (Ext.P28) to transfer the petitioner from the Pullarikkunnu campus of the School of Technology & Applied Sciences, to the Pathanamthitta campus of the School of Technology & Applied Sciences, and to divest him of the charge of Director of the School of Technology & Applied Sciences; ii) Issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding respondents 1 and 2 to retain the petitioner as Director of the School of Technology & Applied Sciences of the Mahatma Gandhi University and as Regional Director of the Pullarikkunnu campus of the School of Technology & Applied Sciences” 2. In the writ petition, the petitioner also sought interim orders as follows: “a)For the reasons stated in the writ petition as verified by the affidavit accompanying thereto, it is humbly prayed that this Hon'ble Court may kindly be pleased to stay all further proceeding pursuant to the decision taken by the Syndicate of the Mahatma Gandhi University on 16.4.2007 (evidenced by Ext.P28) to transfer the petitioner from the Pullarikkunnu campus of the School of Technology & Applied Sciences, to the Pathanamthitta campus, pending disposal of the W.P.(C)No13796/07 3 writ petition and grant such further and other reliefs as are just proper and necessary or may be prayed for and this Hon'ble Court may deed fit and proper to grant in the facts and circumstances of the case. b)For the reasons stated in the writ petition as verified by the affidavit accompanying thereto, it is humbly prayed that this Hon'ble Court may kindly be pleased to stay the operation and implementation of the decision of the Syndicate of the Mahatma Gandhi University to divest the petitioner of the charge of Director of School of Technology & Applied Sciences, pending disposal of the writ petition and grant such further and other reliefs as are just proper and necessary or may be prayed for and this Hon'ble Court may deed fit and proper to grant in the facts and circumstances of the case”. 3. At the time of admission, this Court passed an interim order granting interim stay as prayed for, for a period of six weeks, which was later extended until further orders. 4. The learned Standing Counsel for the University submits that presently the petitioner is not working in the University as he is the Director of AICTE and therefore, it may not be necessary to consider the writ petition on merits at all. 5. The learned counsel for the petitioner submits that he is actually on deputation and therefore, he is entitled to come back and if he comes back, since the same Syndicate is in power, he may find himself in the same situation as in 2007. 5. This is disputed by the learned counsel for the W.P.(C)No13796/07 4 University, who would submit that the establishment is a self financing institution and therefore, he does not admit that the petitioner has a lien in his former post since he has admitted another employment. He also disputes the claim of the petitioner that he is on deputation. 6. I am of opinion that insofar as at present the petitioner is working elsewhere, it is not necessary to consider this writ petition on merits. Accordingly, leaving it open to the petitioner to take up the very same contentions in a writ petition to be filed, if he finds himself in the same situation as in 2007, in future if he is allowed to come back to the institution after the period of employment in AICTE is over, the writ petition is disposed of. S. SIRI JAGAN, JUDGE acd W.P.(C)No13796/07 5 W.P.(C)No13796/07 6