Kerala High Court
State Of Kerala vs St.Peter'S College on 13 July, 2007
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE ACTING CHIEF JUSTICE MR.THOTTATHIL B.RADHAKRISHNAN
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 8TH DAY OF MARCH 2017/17TH PHALGUNA, 1938
WA.No. 378 of 2008 (C) IN WP(C).33654/2006
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AGAINST THE JUDGMENT IN WP(C) 33654/2006 DATED 13-07-2007
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APPELLANTS/RESPONDENTS 1 TO 3:
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1. STATE OF KERALA
TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF COLLEGIATE EDUCATION
VIKAS BHAVAN, THIRUVANANTHAPURAM.
3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
ERNAKULAM.
BY SR. GOVERNMENT PLEADER, SRI.ARAVIND KUMAR BABU
RESPONDENTS/PETITIONER & 4TH RESPONDENT :
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1. ST.PETER'S COLLEGE
ERNAKULAM DISTRICT REP. BY ITS SECRETARY.
2. MAHATMA GANDHI UNIVERSITY,
PRIYADARSINI HILLS P.O., KOTTAYAM, REP. BY ITS REGISTRAR.
R1 BY ADV. SRI.MILLU DANDAPANI
R2 BY ADV. SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-03-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Thottathil B. Radhakrishnan, Ag.C.J.,
C.T. Ravikumar, J
and
Anu Sivaraman, J
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W.A. No. 378 of 2008
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Dated this the 8th day of March, 2017
JUDGMENT
Anu Sivaraman, J.
Heard the learned Senior Government Pleader.
2. The question raised in this appeal is covered against the appellant/State by a decision of the Division Bench of this Court dated 07.10.2009in Writ Appeal No.2529 of 2005. The Division Bench which considered the appeal on 07.04.2010 was of the view that since public funds are involved and since the view taken by the Division Bench in Writ Appeal No.2529 of 2005 will have the effect of tinkering with budgetary allocation, the earlier decision requires reconsideration.
3. Appeals preferred by the State against the judgment in Writ Appeal No.2529 of 2005 and connected cases were dismissed by the Apex Court on 14.01.2015. Pursuant thereto, WANo. 378/2008 -:2:- orders implementing the judgment have been issued by the Government also vide G.O.(MS) No.580/2015/H.Edn. dated 11.09.2015.
For the aforesaid reasons this reference does not call to be answered and nothing survives in this writ appeal which is referred to the Full Bench. The Writ Appeal is hence dismissed.
Sd/-
Thottathil B. Radhakrishnan, Acting Chief Justice.
Sd/-
C.T. Ravikumar, Judge.
Sd/-
Anu Sivaraman, Judge.
ttb/08/03