IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29420 of 2011(B) -------------------------------- PETITIONER: -------------- DR.SHIBI I.G., ASSOCIATE PROFESSOR, DEPARTMENT OF CHEMISTRY, SREE NARAYANA COLLEGE, KOLLAM. BY ADVS. SRI.S.MUHAMMED HANEEFF SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS: ------------------ 1. THE MANAGER, SREE NARAYANA TRUST COLLEGES, KOLLAM-691001. 2. THE VICE-CHANCELLOR, UNIVERSITY OF KERALA, UNIVERSITY CAMPUS, THIRUVANANTHAPURAM, PIN - 695034. 3. STATE OF KERALA, REP.BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. BY SRI. A.N. RAJAN BABU FOR R1. SRI. M. RAJAGOPALAN NAIR, SC FOR R2. SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER FOR R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, ALONG WITH W.P.(C) No.29421/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.29420/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXHIBIT-P1. TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.30.06.2011. EXHIBIT-P2. TRUE COPY OF OBJECTION FILED BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT DTD.20.08.2011. EXHIBIT-P3. TRUE COPY OF THE ORDER No.AC FIII 32404/2011 DTD.13.09.2011 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P4. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD.17.10.2011. EXHIBIT-P5. TRUE COPY OF THE APPEAL NO.3 OF 2011 FILED BY THE 1ST RESPONDENT BEFORE THE KERALA UNIVERSITY APPEALLATE TRIBUNAL,THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. ------------------------------------------- W.P.(C) Nos.29420 & 29421 OF 2011 -------------------------------------------- Dated this the 4th day of November, 2011. J U D G M E N T In both the writ petitions, the petitioners are working as Associate Professors in the Department of Chemistry, in the Colleges under the same management. These writ petitions are filed seeking for a direction to implement the proceedings of the Vice Chancellor of the University as per Ext.P3 in W.P.(C) No.29420/2011 and Ext.P4 in W.P.(C) No.29421/2011. Therein, the Vice Chancellor has considered the claim for transfer of the respective Teachers. 2. Evidently, the Manager has filed appeals before the University Appellate Tribunal and the copies of the appeals and the stay petitions have been produced by the petitioner as Ext.P5. 3. Heard the learned counsel for the petitioners, learned Standing Counsel for the University and the learned counsel for the Management. Learned counsel for the petitioners submitted W.P.(C) Nos.29420 & 29421/2011 2 that in terms of the provisions of the Kerala University Act, no appeal will lie before the Tribunal and the proceedings of the Vice Chancellor will have to be treated as final. It is open to the petitioners to raise all their contentions before the Tribunal when the matter is taken up for hearing. Even going by the pleadings in these writ petitions, it can be seen that the petitioners have already received notices in the appeals from the Tribunal. Therefore, leaving open the remedy of the petitioners to object the maintainability of the appeals, these writ petitions are disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp