IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 23RD OCTOBER 2007 / 1ST KARTHIKA 1929 WP(C).No. 28522 of 2007(U) -------------------------- PETITIONER: ------------ 1. GIMISHIK, S/O.P.M.KUNJU MOHAMMED, AGED 23 YEARS, PULICKAYATHU HOUSE, THURUTHI, ALUVA. 2. SANTHOSH, S/O.KUNJAPPAN, AGED 23, RESIDING AT SUDHA BHAVAN, KUMILY P.O., KUMILY. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENTS: ------------- 1. MAHATMA GANDHI UNIVERSITY REP. BY IT'S REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM. 2. THE DIRECTOR OF VIGILANCE ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.U.BALAGANGADHARAN R2 BY ADV SHRI. T.A. SHAJI R3 BY GOVT. PLEADER SHRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------------ WP(C).No. 28522 OF 2007 U ----------------------------------------- Dated this the, 23rd October, 2007. JUDGMENT The first petitioner applied for selection to the post of Assistant Gr.II in the first respondent-Mahatma Gandhi University, pursuant to Ext.P1 notification dated 17.12.2004. Subsequently Ext.P2 Corrigendum to Ext.P1 was issued on 4.10.2005. Selection was completed in accordance with Exts.P1 and P2. However, the Syndicate of the University conducted an enquiry into the allegations of malpractice in the selection and Ext.P5 report has been submitted which finds certain serious irregularities in the selection. Therefore appointments have not been finalised. The petitioner now seeks the following reliefs: i) to call for the records leading to Ext.p1 and P2 and to quash the same by the issue of a writ of certiorari or other appropriate writ, direction or order; ii)to issue a writ of mandamus or other appropriate writ, direction or order directing the 1st respondent to initiate fresh steps for selection and recruitment to the post of Assistant Gr.II after issuing fresh notification as per the University Act, statutes and ordinances; And iii) to grant such other reliefs as this Honourable Court may deem fit in the circumstances of the case.” 2. As far as the challenge against Exts.P1 and P2 are concerned, I am not inclined to entertain the same at this point of time. Exts.P1 and P2 are dated 17.12.2004 and 4.10.2005 and the first petitioner has written the WPC 28522/07 2 examination pursuant to those notifications. This writ petition is filed only on 25.9.2007 almost two years after Ext.P2. As far as the second prayer is concerned the University itself has taken steps to cancel the selection which is under challenge before this Court in several writ petitions, one of which is W.P(C) 26620/07. Therefore, the proper course open to the petitioners is to implead themselves in that writ petition and support the action of the University. In the above circumstances, I am not inclined to entertain this writ petitiion and the same is dismissed, without prejudice to the right of the petitioners to seek themselves to be impleaded in the other writ petitions and prosecute the matter. S. SIRI JAGAN Judge jj