Kerala High Court
Travancore Devaswom Board vs Sangeetha S on 8 June, 2016
Author: Antony Dominic
Bench: Antony Dominic, Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
MONDAY,THE 27TH DAY OF JUNE 2016/6TH ASHADHA, 1938
W.A.No.1252 of 2016 IN WP(C).10547/2016
AGAINST THE ORDER IN I.A.NO.6997/16 IN WP(C) 10547/2016 of HIGH COURT OF KERALA DATED 8.6.2016
APPELLANTS/RESPONDENTS 1 & 4:
1. TRAVANCORE DEVASWOM BOARD
NANDANCODE, THIRUVANANTHAPURAM-695 003,
REPRESENTED BY ITS SECRETARY.
2. PRINCIPAL
DEVASWOM BOARD PUMPA COLLEGE,
PARUMALA(VIA), CHANGANASSERY-689 626.
BY ADV.SRI.T.K.AJITHKUMAR (VALATH)
RESPONDENTS/PETITIONER AND RESPONDENTS 2,3 & 5:
1. SANGEETHA S
AGED 29 YEARS, W/O.GIRISH NADARAJAN,
GEETHA BHAVAN, GOVT.ITI JUNCTION,
CHENGANNUR.
2. MAHATHMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR,
PRIYADARSINI HILLS.P.O.,
KOTTAYAM-686 560.
3. DIRECTOR OF COLLEGIATE EDUCATION
THIRUVANANTHAPURAM-695 001.
4. STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
R BY DR.GEORGE ABRAHAM
R BY GOVERNMENT PLEADER SRI.SOJAN JAMES
R BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27-06-2016, THE COURT
ON THE SAME DAYDELIVERED THE FOLLOWING:
W.A.No.1252 of 2016
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE I: TRUE COPY OF THE NOTIFICATION PUBLISHED IN KERALA
KAUMUDI DAILY DATED 13.6.2013.
ANNEXURE 2: TRUE COPY OF THE G.O.NO.15883/D2/14/H.EDN. DATED
25.5.2014.
// TRUE COPY //
P.A.TO JUDGE
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
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Writ Appeal No.1252 of 2016
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Dated this the 27th day of June, 2016
JUDGMENT
Antony Dominic, J.
Heard the counsel for the appellants, learned counsel for the first respondent, Standing Counsel for the second respondent and the Government Pleader appearing for respondents 3 and 4.
2. This appeal is filed against the interim order passed by the learned Single Judge in I.A.No.6997/16 in W.P.(C)10547/16. By the said order, the learned Single Judge has issued a positive direction to consider the first respondent for provisional appointment as Assistant Professor in the Department on Botany if there are vacancies and if she is otherwise eligible for appointment. It is aggrieved by this order, the appeal is filed.
3. Having heard the counsel on both sides, we find that in the writ petition itself the first prayer sought was to direct the appellant to appoint the first respondent as Assistant Professor in the Department of Botany at the second appellant college. Law is trite that by an interim Writ Appeal No.1252 of 2016 : 2 :
order, final relief in the writ petition cannot be granted. This precisely is what has happened in this case, though the interim order directs an appointment on a provisional basis.
4. Therefore, leaving aside the contentions raised by both sides to be resolved at the final adjudication and without expressing anything on the merits of the rival claims, this appeal is disposed of vacating the interim order impugned.
5. The first respondent will be at liberty to seek an expeditious hearing of the writ petition itself.
Writ appeal is disposed of.
Sd/-
ANTONY DOMINIC JUDGE Sd/-
DAMA SESHADRI NAIDU JUDGE jes