IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 30646 of 2004(W) --------------------------------------- PETITIONER(S): ------------------------ THE MANAGER, MAR THOMA COLLEGE FOR WOMEN, PERUMBAVOOR. BY ADV. SRI.BABU VARGHESE SRI.MANJU ANTONEY SRI.T.J.THOMAS (ALUVA) RESPONDENT(S): --------------------------- 1. LALLY MATHEW, SELECTION GRADE LECTURER, DEPARTMENT OF ECONOMICS, MAR THOMA COLLEGE FOR WOMEN, PERUMBAVOOR. 2. MARIAM KURUVILLA JOSEPH SELECTION GRADE LECTURER, DEPARTMENT OF ENGLISH, MAR THOMA COLLEGE FOR WOMEN, PERUMBAVOOR. 3. M.G. UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS P.O., KOTTAYAM. 4. THE MAHATMA GANDHI UNIVERSITY APPELLATE TRIBUNAL, THIRUVANANTHAPURAM-1. ADV. SRI.KURIAN GEORGE KANNAMTHANAM (SR.) FOR R2 SRI.V.K.MUHAMMAD YOUSUF, SC, M.G.UTY. SRI.K.B.GANGESH FOR R1 SRI.ANIL GEORGE SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R.3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/12/2008, ALONG WITH WPC NO. 32113 OF 2004 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30646/2004 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DT. 31.3.03 IN FAVOUR OF 2ND RESPONDENT BY THE MANAGER. P2:- COPY OF THE ORDER OF APPROVAL OF DRAWING AND DISBURSING OFFICER GRANTED IN FAVOUR OF THE 2ND RESPONDENT. P3:- COPY OF THE APPEAL NO.10/03 FILED BY THE IST RESPONDENT. P4:- COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER (IST RESPONDENT IN APPEAL ) IN APPEAL NO.10/03. P5:- COPY OF THE COUNTER AFFIDAVIT FILED BY THE IST RESPONDENT (APPELLANT) IN APPEAL NO.10/03. P6:- COPY OF THE ORDER PASSED BY THE TRIBUNAL IN IA. NO.3/04. P7:- COPY OF THE COUNTER STATEMENT FILED BY THE UNIVERSITY IN THE APPEAL 10/03. P8:- COPY OF THE PETITION FILED BY THE COUNSEL FOR THE PETITIONER HEREIN IN IA. NO.22/04. P9:- COPY OF THE JUDGMENT OF THE TRIBUNAL IN APPEAL NO.10/03 DT. 20.9.04. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J. ============== W.P.(C) NOs. 30646 & 32113 OF 2004 ======================== Dated this the 5th day of December, 2008 J U D G M E N T WP(C) No.30646/04 is filed by the Manager, Marthoma College for Women, Permbavoor and WP(C) No.32113/04 is filed by the then Principal, Marthoma College for Women, Perumbavoor. It is stated that the appointment of the petitioner in WP(C) No.32113/04 as Principal was challenged by the 1st respondent in these writ petitions before the University Appellate Tribunal and the Tribunal allowed her appeal and it is against that order, these writ petitions have been filed. 2. In view of the interim order of stay passed by this court in these writ petitions, the appointee, namely, the petitioner in WP(C) No.32113/04 continued in office as Principal and completed her tenure of two years and thereafter stepped down from the post. 3. 1st respondent submits that thereafter she was appointed as the Principal and she is not staking any claim with reference to the period during which the petitioner in WP(C) No.32113/04 has worked as Principal of the College. In view of that submission, the challenge against the Tribunal's order does not survive for consideration at this distance of time. Needless to say that the appointment of the petitioner in WP(C) WPC 30646 & 32113/04 :2 : No.32113/04, if not regularised already, will be regularised and consequential orders will also be passed. Writ petitions are closed. ANTONY DOMINIC, JUDGE Rp