Kerala High Court
Thomas K.Philip vs State Of Kerala on 20 December, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
2024:KER:96650
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 20TH DAY OF DECEMBER 2024 / 29TH AGRAHAYANA, 1946
WP(C) NO. 42671 OF 2022
PETITIONER:
THOMAS K.PHILIP
AGED 56 YEARS
S/O K.P.THOMAS,
HEAD ACCOUNTANT (UNDER ORDERS OF SUSPENSION)
ST. MARY'S COLLEGE, MANARCAUD,
MALAM P.O, KOTTAYAM - 686 019.
BY ADVS.
S.PRASANTH (AYYAPPANKAVU)
VARSHA BHASKAR
THRESSY THOMAS
ANUPAMA SIBI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF THE COLLEGIATE EDUCATION,
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION,
6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM - 695003.
2024:KER:96650
W.P.(C) Nos.42671/2022 & 13094/2023
:2:
3 THE DY. DIRECTOR OF COLLEGIATE EDUCATION,
OFFICE OF THE DY. DIRECTOR OF COLLEGIATE
EDUCATION, NEAR FIRE STATION, VAYASKARAKUNNU,
PALACE ROAD, KOTTAYAM- 686001.
4 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY THE REGISTRAR,
PRIYADARSINI HILLS, KOTTAYAM,
KERALA, INDIA - 686560.
5 ST. MARYS COLLEGE,
MANARCAUD, REPRESENTED BY THE MANAGER,
MALAM P.O, KOTTAYAM - 686 019.
6 DR.PUNNEN KURIAN,
PRINCIPAL (NOT APPROVED), ST. MARY'S COLLEGE,
MANARCAUD, MALAM P.O, KOTTAYAM - 686 019.
7 CHAIRMAN,
ST. MARY'S JACOBITE SYRIAN CHARITABLE &
EDUCATIONAL SOCIETY, ST. MARY'S COLLEGE,
MANARCAUD, MALAM P.O, KOTTAYAM - 686 019.
8 ST.MARY'S JACOBITE SYRIAN CHURCH,
EDUCATIONAL AGENCY OF ST. MARY'S COLLEGE,
REPRESENTED BY ITS TRUSTEES, MALAM P.O,
KOTTAYAM - 686 019.
BY ADVS.
ACHUTH KYLAS
SANTHARAM.P
SREEDEVI KYLASANATH(S-541)
R.MAHESH MENON(K/001171/2016)
DEAGO JOHN K(K/001010/2017)
REKHA ARAVIND(K/2130/1999)
P.G.GOKULNATH(K/000170/2017)
SRI.PREMCHAND R NAIR, GOVERNMENT PLEADER
SRI.SURIN GEORGE IPE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 16.12.2024, ALONG WITH WP(C).13094/2023, THE
COURT ON 20.12.2024 DELIVERED THE FOLLOWING:
2024:KER:96650
W.P.(C) Nos.42671/2022 & 13094/2023
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 20TH DAY OF DECEMBER 2024/29TH AGRAHAYANA, 1946
WP(C) NO. 13094 OF 2023
PETITIONER:
THOMAS.K.PHILIP
AGED 55 YEARS
S/O K.P.THOMAS, HEAD ACCOUNTANT
(UNDER ORDERS OF DISMISSAL)
ST. MARY'S COLLEGE MANARCAUD,
MALAM P.O, KOTTAYAM, PIN - 686019
BY ADVS.
S.PRASANTH (AYYAPPANKAVU)
VARSHA BHASKAR
JINU JOSEPH
ANUPAMA SIBI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF THE COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION,
6TH FLOOR, VIKAS BHAVAN,VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695003
2024:KER:96650
W.P.(C) Nos.42671/2022 & 13094/2023
:4:
3 THE DY. DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DY. DIRECTOR OF COLLEGIATE
EDUCATION, NEAR FIRE STATION, VAYASKARAKUNNU,
PALACE ROAD KOTTAYAM, PIN - 686001
4 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY THE REGISTRAR,
PRIYADARSINI HILLS, KOTTAYAM,
KERALA, INDIA , PIN - 686560
5 ST. MARY'S COLLEGE MANARCAUD
REPRESENTED BY THE MANAGER,
MALAM P.O, KOTTAYAM, PIN - 686019
6 DR.PUNNEN KURIAN
PRINCIPAL (NOT APPROVED),
ST. MARY'S COLLEGE MANARCAUD,
MALAM P.O, KOTTAYAM, PIN - 686019
7 PRINCE ELIAS
CHAIRMAN, ST.MARY'S JACOBITE SYRIAN CHARITABLE
& EDUCATIONAL SOCIETY ST. MARY'S COLLEGE
MANARCAUD, MALAM P.O, KOTTAYAM, PIN - 686019
8 ST.MARY'S JACOBITE SYRIAN CHURCH
EDUCATIONAL AGENCY OF ST. MARY'S COLLEGE,
REPRESENTED BY ITS TRUSTEES, MALAM P.O,
KOTTAYAM, PIN - 686019
9 ADV. ANANTHKRISHNAN A KARTHA
ENQUIRY OFFICER KARTHA ADVOCATES ROOM NO 10.
LOGOS BUILDING, LOGOS CENTER
KOTTAYAM, PIN - 686001
2024:KER:96650
W.P.(C) Nos.42671/2022 & 13094/2023
:5:
*ADDL.10 REV. FR. KURIAKOSE ABRAHAM CORE-EPPISCOPPA,
AGED 71 YEAYS, S/O. LATE. ABRAHAM,
KARUKAYIL (H), MALAM (P.O), KOTTAYAM DISTRICT,
PIN-686019, CHAIRMAN,
ST. MARY'S JACOBITE SYRIAN CHARITABLE &
EDUCATIONAL SOCIETY, MANARCAUD, KOTTAYAM &
MANAGER, ST.MARY'S COLLEGE MANARCAUD,
KOTTAYAM DISTRICT
(ADDITIONAL 10TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 14-11-2024 IN IA 4/2024 IN WPC)
BY ADVS.
ACHUTH KYLAS
SANTHARAM.P
REKHA ARAVIND(K/2130/1999)
P.G.GOKULNATH(K/000170/2017)
SREEDEVI KYLASANATH(S-541)
R.MAHESH MENON(K/001171/2016)
SACHIN.P.K(K/805/2023)
VARGHESE XAVIER(K/642/2023)
ANANTHU R.S.(K/270/2023)
SMT.K.G.SAROJINI, GOVERNMENT PLEADER
SRI.SURIN GEORGE IPE, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 16.12.2024, ALONG WITH WP(C).42671/2022, THE
COURT ON 20.12.2024 DELIVERED THE FOLLOWING:
2024:KER:96650
W.P.(C) Nos.42671/2022 & 13094/2023
:6:
N. NAGARESH, J.
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W.P.(C) Nos.42671 of 2022 and 13094 of 2023
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Dated this the 20th day of December, 2024
JUDGMENT
~~~~~~~~~ The petitioner is working as Head Accountant in St. Mary's College. W.P.(C) No.42671/2022 was filed by the petitioner aggrieved by the order of suspension imposed on him. W.P.(C) No.13094/2023 has been filed by the petitioner seeking to set aside Ext.P37 order by which the petitioner has been dismissed from service.
2. The petitioner was promoted as Head Accountant on 09.10.2019. The petitioner would submit that when he assumed office, he noticed several discrepancies in the Account Books of the College. He submitted request dated 17.10.2019 to the 5th respondent-Manager requesting that the 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 :7: accounts of the College be audited.
3. On 02.07.2020, the 5th respondent issued Ext.P12 show-cause notice to the petitioner raising various allegations. The petitioner submitted Ext.P13 reply. On 21.07.2020, Ext.P14 order was issued suspending the petitioner from service. The petitioner would argue that as per Ext.P15 bye-laws of the St. Mary's Jacobite Syrian Charitable and Educational Society, only a Parish Priest can be the Chairman and Manager of the Society. The 5 th respondent who is not a Parish Priest, is not competent to suspend the petitioner.
4. Subsequently, by Ext.P18 judgment in W.P.(C) No.14977/2020, the order of suspension of the petitioner was set aside. Immediately thereafter, the 5th respondent issued Ext.P20 show-cause notice dated 07.11.2022 to the petitioner. The petitioner submitted Ext.P21 reply. On 17.12.2022, the petitioner was again placed under suspension as per Ext.P22 order and was served with 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 :8: Ext.P23 memo of charges. Advocate Ananthakrishnan Kartha was appointed as Enquiry Officer. The Enquiry Officer proceeded with the enquiry arbitrarily denying an effective opportunity to the petitioner to defend the charges. By Ext.P37 order, the petitioner was dismissed from service with immediate effect. The petitioner challenges Ext.P37 order of dismissal.
5. The petitioner would argue that the St. Mary's Jacobite Syrian Church is the Educational Agency of St. Mary's College. Therefore, St. Mary's Jacobite Syrian Church shall be the disciplinary authority. The 7th respondent, who is the Chairman of St. Mary's Jacobite Syrian Charitable and Educational Society, has no jurisdiction to issue Ext.P37 order. The 7 th respondent is incompetent to issue Ext.P32 order appointing an Enquiry Officer.
6. The petitioner has not been paid subsistence allowance during the period of suspension. The enquiry process is therefore vitiated. The 9th respondent-Enquiry 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 :9: Officer was biased against the petitioner. The petitioner has been dismissed from service at the fag end of his carrier. The petitioner has not been served with a copy of the enquiry report. The petitioner has not been given notice of the proposed punishment.
7. As per Statute 75(11) of the Mahatma Gandhi University Statutes, 1997, the disciplinary authority where it is not the inquiring authority, shall consider the records of the inquiry and record its findings on each charge. Ext.P37 order has been issued violating Statute 75(11). Exts.P32 and P37 are therefore liable to be set aside.
8. The 3rd respondent-Deputy Director of Collegiate Education filed counter affidavit. The 3 rd respondent submitted that the Educational Agency is the competent disciplinary authority in respect of the Private Aided College Staff. The 7th respondent-Chairman of the Educational Society issued order dated 29.03.2023 dismissing the petitioner from service. Civil cases are pending in connection 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 10 : with the appointment of the Manager of the College. The formation of a valid governing body will depend upon the decision of the civil court.
9. The additional 10th respondent, who is the duly elected Chairman of the Educational Society, filed a counter affidavit. The additional 10th respondent submitted that Educational Agency of the College is St. Mary's Jacobite Syrian Church. The College and its properties belong to the Church.
10. The 5th respondent submitted that Ext.P23 memo was issued on the basis of offences committed after Ext.P18 judgment dated 26.08.2020. The 7th respondent has been the approved Manager of the Educational Institution, as accepted by the educational authorities. The amendment carried out to the bye-laws is subject matter of civil litigation. The writ petitions filed by the petitioner are without any force of merit and are liable to be dismissed.
2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 11 :
11. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 3, the learned Standing Counsel appearing for the 4 th respondent, the learned counsel appearing for respondents 5 to 7 and the learned counsel appearing for respondents 7 and 8 in W.P.(C) No.42671/2022 and respondents 8 and 9 in W.P.(C) No.13094/2023.
12. Sri. Sajan Zachariah, Head Accountant of the College, passed away on 05.10.2019. The petitioner assumed charge as Head Accountant on 09.10.2019. On 04.03.2020, Ext.P8 show-cause notice was issued on the petitioner. In Ext.P8, it was alleged that the petitioner was unauthorisedly absent on 02.03.2020 and 03.03.2020, which adversely affected the functioning of the office. On 02.07.2020, the petitioner was issued with Ext.P12 show- cause notice which related to failure to maintain accounts in the office and the alleged indiscipline of the petitioner. The petitioner was suspended as per Ext.P14 order dated 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 12 : 21.07.2020 in contemplation of enquiry into the charges levelled in Ext.P12 show-cause notice dated 02.07.2020.
13. The petitioner challenged the suspension order filing W.P.(C) No.14977/2020. The said writ petition was disposed of as per Ext.P18 judgment. This Court held that appointment of the Manager is contrary to the Rule and a suspension order passed by an incompetent authority cannot have any force. Ext.P14 suspension order was therefore set aside in Ext.P18 judgment.
14. The Management filed W.A. No.1215/2020 against Ext.P18 judgment. The said writ appeal was disposed of finding that the appellants have no grievance as regards the reinstatement of the petitioner subject to the outcome of the disciplinary proceedings contemplated against the petitioner.
15. Thereafter, Ext.P20 show-cause notice dated 07.11.2022 was issued to the petitioner. In Ext.P20, it was alleged that after reinstatement, the petitioner took away the keys of the records room and the petitioner did not return the 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 13 : key. Many office records were missing. It was further alleged that the petitioner is unauthorisedly absent from duty without the permission of the Principal and without submitting leave application. Due to the unauthorised absence of the petitioner, sometimes even salary bills could not be raised. Further charges were also raised against the petitioner in Ext.P20.
16. The petitioner was suspended again on 19.12.2022 as per Ext.P22. Ext.P23 memo of charges dated 17.12.2022 was served on him. The petitioner would submit that without a confronted enquiry, the petitioner was served with Ext.P37 order dated 29.03.2023 dismissing him from service.
17. The petitioner would submit that St. Mary's Jacobite Syrian Church is the Educational Agency of St. Mary's College and the St. Mary's College can initiate action against the petitioner. The 7th respondent-Chairman of the St. Mary's Jacobite Syrian Charitable and Educational 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 14 : Society has acted without jurisdiction in issuing Ext.P20 show-cause notice and Ext.P23 memo of charges. As per Statute 63 read with 74 of the Mahatma Gandhi University Statutes, 1997, the Educational Agency shall be the Disciplinary Authority.
18. It is evident from the pleadings that the 7th respondent - St. Mary's Jacobite Syrian Charitable and Educational Society has been approved as the Manager of Educational Institute of the College. In Ext.P18 judgment in W.P.(C) No.14977/2020, this Court has held that the College is administered by the St. Mary's Jacobite Syrian Charitable and Educational Society. As per the bye-laws of the Society, only a Parish Priest elected by the General Body can be the Chairman of the Society as well as the Manager of the Institution. However, the bye-laws were amended by the General Body. The said amendment is subject matter of pending litigation in civil court.
2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 15 :
19. The Deputy Director of Collegiate Education has filed a counter affidavit in which it has been stated that civil cases are pending in connection with the appointment of the Manager of the College and the formation of a valid governing body will depend upon the decision of the civil court. However, it is evident that at present, the educational authorities are considering the 7th respondent as the Chairman of the Educational Society and Manager of the Educational Institution. In such circumstances, it cannot be held that the disciplinary proceedings against the petitioner is vitiated.
20. The petitioner states that he was denied an opportunity to effectively defend the charges and hence the principles of natural justice are violated. The petitioner was served with a show-cause notice to which the petitioner submitted reply on 16.11.2022, denying the charges. Governing Board of the College examined the reply and found the reply unsatisfactory. Therefore, Governing Board recommended 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 16 : conducting a domestic enquiry. A charge memo and charge statement were served on the petitioner.
21. On 04.01.2023, an Advocate was appointed as Enquiry Officer for conducting the domestic enquiry. The petitioner was informed of the same on 05.01.2023. Though the Enquiry Officer invited the petitioner to participate in the enquiry, the petitioner refused to participate in the enquiry proceedings. The Enquiry Officer finally sent a registered letter dated 12.03.2023 offering the petitioner chance to defend the enquiry. The letter was received by the petitioner on 16.03.2023. But, the petitioner failed to appear before the Enquiry Officer.
22. The Enquiry Officer thereupon completed the proceedings and submitted his report on 23.03.2023 finding the petitioner guilty of misconduct and dereliction of duty. In such circumstances, the petitioner cannot be heard to contend that he was not given an opportunity to defend the enquiry proceedings.
23. The enquiry report dated 29.03.2023 states that a copy of the enquiry report was served on the petitioner on 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 17 : 26.03.2023. The petitioner did not submit his reply or explanation to the enquiry report. It was thereafter that the disciplinary authority passed order dismissing the petitioner from service. Therefore, this Court cannot interfere in the disciplinary proceedings on the ground that copy of the enquiry report was not provided to the petitioner.
24. The petitioner would further urge that he was not paid subsistence allowance during the period of suspension. The pleadings in the writ petitions do not show that the petitioner has demanded subsistence allowance and in spite of that, amount was not paid to him. At any rate, there are no materials on record to show that failure to pay subsistence allowance has impacted or adversely affected the petitioner in participating in the enquiry proceedings.
25. The petitioner would allege that the Enquiry Officer was biased against the petitioner. There is nothing on record to establish any legal bias on the part of the Enquiry Officer. Bias against Enquiry Officer cannot be assumed merely based on the 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 18 : statements of the petitioner. Bias will have to be established by cogent materials. The petitioner has failed to do so.
26. As regards the order of the disciplinary authority, I find that the disciplinary authority has narrated the charges against the petitioner in its order dated 29.03.2023. The disciplinary authority has considered the objections of the petitioner. The disciplinary authority found that the conclusions of the Enquiry Officer are based on evidence adduced. On that basis, the disciplinary authority decided to accept the findings of the Enquiry Officer. I do not find any illegality in the impugned order of punishment.
The writ petitions therefore lack merit and the writ petitions are dismissed.
Sd/-
N. NAGARESH, JUDGE aks/17.12.2024 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 19 : APPENDIX OF WP(C) 42671/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 17-10- 2019 SENT BY THE PETITIONER TO THE 6TH RESPONDENT Exhibit P2 TRUE COPY OF THE REQUEST DATED 4-11- 2019 SENT BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P3 TRUE COPY OF THE LETTER DATED 05-11- 2019 SENT BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE REPLY DATED 05-11- 2019 SENT BY THE PETITIONER TO THE 6TH RESPONDENT .
Exhibit P5 TRUE COPY OF LETTER DATED 07-12-2019 SENT BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P6 A TRUE COPY OF THE REPLY DATED 9-12- 2019 SENT BY THE PETITIONER TO THE 6TH RESPONDENT Exhibit P7 A TRUE COPY OF THE LETTER DATED 14-01- 2020 SENT BY THE PETITIONER TO THE 6TH RESPONDENT Exhibit P8 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 04-03-2020 SENT BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P9 A TRUE COPY OF THE REPLY DATED 06-03- 2020 SENT BY THE PETITIONER TO THE 5TH RESPONDENT 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 20 : Exhibit P10 A TRUE COPY OF LETTER NO.
SMCM/SDA/05/20 DATED 11-03-2020 SENT
BY THE 5TH RESPONDENT TO THE
PETITIONER
Exhibit P11 A TRUE COPY OF THE LETTER DATED 11-03-
2020 SENT BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P12 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 02-07-2020 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P13 A TRUE COPY OF THE REPLY DATED 03-07- 2020 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P14 A TRUE COPY OF THE SUSPENSION ORDER DATED 21-07-2020 ISSUED BY THE 4TH RESPONDENT Exhibit P15 A TRUE COPY OF THE BYELAWS OF THE ST.
MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY MANARCAD Exhibit P16 A TRUE COPY OF LETTER NO.
A.2/5573/20/RTI DATED 27-07-2020 SENT BY THE STATE PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE 3RD RESPONDENT TO SRI.P.T.MATHEW.
Exhibit P17 A TRUE COPY OF THE AUDIT REPORT CONDUCTED BY THE 3RD RESPONDENT IN THE 5TH RESPONDENT COLLEGE Exhibit P18 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 26-08-2020 IN WP(C)14977/2020 Exhibit P19 A TRUE COPY OF THE JUDGMENT DATED 27- 10-2022 OF THIS HON'BLE COURT IN WA 1215/2020 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 21 : Exhibit P20 A TRUE COPY OF THE SHOW CAUSE DATED 07-11-2022 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P21 A TRUE COPY OF THE REPLY DATED 16-11- 2022 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P22 A TRUE COPY OF THE SUSPENSION ORDER NO. SMC/MO/NTS/50/2022-23 DATED 17-12- 2022 ISSUED BY THE 7TH RESPONDENT Exhibit P23 A TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 17-12- 2022 ISSUED BY THE 7TH RESPONDENT Exhibit P24 A TRUE COPY OF THE BYE-LAWS AMENDMENT NOTE OF ST.MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY CLAIMED TO BE PASSED ON 02-10-2020 AS OBTAINED FROM THE OFFICE OF THE DISTRICT REGISTRAR, KOTTAYAM Exhibit P25 A TRUE COPY OF THE AMENDED BYELAW OF OF ST.MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY AS OBTAINED FROM THE OFFICE OF THE DISTRICT REGISTRAR, KOTTAYAM Exhibit P26 A TRUE COPY OF THE BYE-LAWS AMENDMENT NOTE OF ST. MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY CLAIMED TO BE PASSED ON 23-07-2021 AS OBTAINED FROM THE OFFICE OF THE DISTRICT REGISTRAR, KOTTAYAM Exhibit P27 A TRUE COPY OF U.O.NO. ACAI/I/2993/97 DATED 30-06-1997 ISSUED BY THE 4TH RESPONDENT Exhibit P28 A TRUE COPY OF U.O.NO. ACAI/I/2993/97 DATED 8-11-1999 ISSUED BY THE 4TH RESPONDENT 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 22 : Exhibit P29 A TRUE COPY OF THE APPLICATION DATED 30-06-2022 GIVEN BY SRI. JACOB.V.J UNDER THE RTI ACT 2005 BEFORE THE PUBLIC INFORMATION OFFICER OF THE 4TH RESPONDENT Exhibit P30 A TRUE COPY OF THE REPLY NO. 98921/AC A1-1/2022/ADMIN DATED 15-07-2022 SENT BY THE PUBLIC INFORMATION OFFICER OF THE 4TH RESPONDENT TO SRI.JACOB.V.J Exhibit P31 A TRUE COPY OF THE LETTER DATED 01-10- 2022 SENT BY THE TRUSTEES OF ST.MARY'S JACOBITE SYRIAN CATHEDRAL TO THE 2ND RESPONDENT.
Exhibit P32 TRUE COPY OF THE LETTER DATED 05-01- 2023 SENT BY THE 7TH RESPONDENT TO THE PETITIONER EXCLUDING THE ANNEXURES Exhibit P33 TRUE COPY OF THE ORDER DATED 06.02.2023 OF THE HON'BLE PRINCIPAL MUNSIFFS KOTTAYAM IN IA 1/2022 O.S NO 748 OF 2022 Exhibit P34 TRUE COPY OF THE STATEMENT OF COMPUTATION OF INCOME TAX-FINANCIAL YEAR 2019-20- ASSESSMENT YEAR 2020- 2021 Exhibit P35 TRUE COPY OF LETTER NO.
D2/33/2023/H.EDN DATED 12-03-2023 SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT Exhibit P36 TRUE COPY OF THE RELEVANT PAGES OF THE LETTER DATED 17.05.2022 SENT FROM THE OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION TO THE 6TH RESPONDENT DETAILING THE LIABILITIES FOUND AFTER AUDIT 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 23 : RESPONDENTS' EXHIBITS Exhibit R5(a) TRUE COPY OF THE JUDGMENT DATED 15.09.2022.
Exhibit R5(b) THE TRUE COPY OF THE ORDER DATED 21.12.2022 ISSUED TO 5TH RESPONDENT. Exhibit R5(c) THE TRUE COPY OF THE BYELAW WITH AMENDMENTS DATED 29.06.2020 Exhibit R5(d) THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE MEMBERS OF COLLEGE STAFF COUNCIL DATED 04.03.2020. Exhibit R5(e) THE TRUE COPY OF DUTY ASSIGNMENT TO OFFICE STAFF SIGNED PAPER BY PHILIP DATED 06.03.2018.
Exhibit R5(f) THE TRUE COPY OF THE LETTER ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM DATED 25.11.2019. Exhibit R5(g) THE TRUE COPY OF THE MINUTES OF THE STAFF MEETING DATED 27.11.2019. Exhibit R5(h) THE TRUE COPY OF THE HIGHLY URGENT ORDER NO.B4-2140/20 DATED 08.10.2020 OF THE DISTRICT SCHEDULED CASTE DEVELOPMENT OFFICER.
Exhibit R5(i) THE TRUE COPY OF THE LETTER FROM THE
DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION DATED 03.01.2020.
Exhibit R5(j) THE TRUE COPY OF THE ORDER OF THE
DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION DATED 15.01.2020.
2024:KER:96650
W.P.(C) Nos.42671/2022 & 13094/2023 : 24 : Exhibit R5(k) THE MINUTES OF THE STAFF COUNCIL MEETING CONDUCTED ON 04.03.2020. Exhibit R5(l) THE TRUE COPY OF THE STATEMENT SUBMITTED BY THE PRINCIPAL TO THE MANAGER DATED 05.03.2020.
Exhibit R5(m) THE TRUE COPY OF THE COMPLAINT FILED BY THE PRINCIPAL TO THE MANAGER DATED 12.03.2020.
Exhibit R8 (a) TRUE COPY OF THE JUDGMENT IN W.P (C) NO.27154/2022 DATED 15.09.2022 Exhibit R8 (b) TRUE COPY OF THE PLAINT IN O.S.NO.520/2022 ON THE FILES OF MUNSIFFS COURT, KOTTAYAM Exhibit R8 (c) TRUE COPY OF THE INTIMATION GIVEN TO THE DISTRICT REGISTRAR AS TO THE ELECTION OF OFFICE BEARERS AND MEMBERS OF GOVERNING BOARD Exhibit R8 (d) TRUE COPY OF DEATH CERTIFICATE DATED 03.11.2021 OF GEORGE MATHEW VATTAMALA Exhibit R8 (e) TRUE COPY OF THE REPORT DATED 24.04.2022 SUBMITTED BY THE SUBCOMMITTEE Exhibit R8 (f) TRUE COPY OF THE PLAINT IN O.S.NO.576/2022 ON THE FILES OF THE MUNSIFF COURT, KOTTAYAM Exhibit R8 (g) TRUE COPY OF THE COMPLAINT DATED 23.05.2022 FILED BEFORE THE SHO, MANARCAUD Exhibit R8 (h) TRUE COPY OF THE COMPLAINT DATED 03.06.2022 BEFORE SUPERINTENDENT OF POLICE KOTTAYAM 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 25 : Exhibit R8 (i) TRUE COPY OF THE REPRESENTATION DATED 01.10.2022 SENT TO THE 2ND RESPONDENT Exhibit R8 (j) TRUE COPY OF RECEIPTS AUDITED RECEIPTS AND PAYMENT ACCOUNTS OF ST. MARY'S COLLEGE FOR THE YEAR ENDED 31.03.2008 Exhibit R8 (k) TRUE COPY OF RECEIPTS AUDITED RECEIPTS AND PAYMENT ACCOUNTS OF ST. MARY'S COLLEGE FOR THE YEAR ENDED 31.03.2012 Exhibit R8 (l) TRUE COPY OF RECEIPTS AUDITED RECEIPTS AND PAYMENT ACCOUNTS OF ST. MARY'S COLLEGE FOR THE YEAR ENDED 31.03.2018 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 26 : APPENDIX OF WP(C) 13094/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 17-10- 2019 SENT BY THE PETITIONER TO THE 6TH RESPONDENT Exhibit P2 TRUE COPY OF THE REQUEST DATED 4-11- 2019 SENT BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P3 TRUE COPY OF THE LETTER DATED 05-11- 2019 SENT BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE REPLY DATED 05-11- 2019 SENT BY THE PETITIONER TO THE 6TH RESPONDENT Exhibit P5 TRUE COPY OF THE LETTER DATED 07-12- 2019 SENT BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P6 TRUE COPY OF THE REPLY DATED 9-12-2019 SENT BY THE PETITIONER TO THE 6TH RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER DATED 14-01- 2020 SENT BY THE PETITIONER TO THE 6TH RESPONDENT Exhibit P8 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 04-03-2020 SENT BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P9 TRUE COPY OF THE REPLY DATED 06-03- 2020 SENT BY THE PETITIONER TO THE 5TH RESPONDENT 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 27 : Exhibit P10 TRUE COPY OF LETTER NO. SMCM/SDA/05/20 DATED 11-03-2020 SENT BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P11 TRUE COPY OF THE LETTER DATED 11-03- 2020 SENT BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT Exhibit P12 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 02-07-2020 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P13 TRUE COPY OF THE REPLY DATED 03-07- 2020 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P14 TRUE COPY OF THE SUSPENSION ORDER DATED 21-07-2020 ISSUED BY THE 5TH RESPONDENT Exhibit P15 TRUE COPY OF THE BYELAWS OF THE ST.MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY MANARCAD Exhibit P16 TRUE COPY OF LETTER NO.
A.2/5573/20/RTI DATED 27-07-2020 SENT BY THE STATE PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE 3RD RESPONDENT TO SRI.P.T.MATHEW Exhibit P17 TRUE COPY OF THE AUDIT REPORT CONDUCTED BY THE 3RD RESPONDENT IN THE 5TH RESPONDENT COLLEGE Exhibit P18 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 26-08-2020 IN WP(C)14977/2020 Exhibit P19 TRUE COPY OF THE JUDGMENT DATED 27-10- 2022 OF THIS HON'BLE COURT IN WA 1215/2020 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 28 : Exhibit P20 TRUE COPY OF THE SHOW CAUSE DATED 07- 11-2022 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P21 TRUE COPY OF THE REPLY DATED 16-11- 2022 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P22 TRUE COPY OF THE SUSPENSION ORDER NO.
SMC/MO/NTS/50/2022-23 DATED 17-12-2022 ISSUED BY THE 7TH RESPONDENT Exhibit P23 TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 17-12- 2022 ISSUED BY THE 7TH RESPONDENT Exhibit P24 TRUE COPY OF THE BYE-LAWS AMENDMENT NOTE OF ST.MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY CLAIMED TO BE PASSED ON 02-10-2020 WITH THE SEAL OF THE DISTRICT REGISTRAR GENERAL, KOTTAYAM Exhibit P25 TRUE COPY OF THE AMENDED BYE-LAW OF ST. MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY WITH THE SEAL OF THE DISTRICT REGISTRAR GENERAL, KOTTAYAM Exhibit P26 TRUE COPY OF THE BYE-LAWS AMENDMENT NOTE OF ST. MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATIONAL SOCIETY CLAIMED TO BE PASSED ON 23-07-2021 WITH THE SEAL OF THE DISTRICT REGISTRAR GENERAL, KOTTAYAM Exhibit P27 TRUE COPY OF U.O.NO. ACAI/I/2993/97 DATED 30-06-1997 ISSUED BY THE 4TH RESPONDENT Exhibit P28 TRUE COPY OF U.O.NO. ACAI/I/2993/97 DATED 8-11-1999 ISSUED BY THE 4TH RESPONDENT 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 29 : Exhibit P29 TRUE COPY OF THE APPLICATION DATED 30- 06-2022 GIVEN BY SRI. JACOB.V.J UNDER THE RTI ACT 2005 BEFORE THE PUBLIC INFORMATION OFFICER OF THE 4TH RESPONDENT Exhibit P30 TRUE COPY OF THE REPLY NO. 98921/AC A1-1/2022/ADMIN DATED 15-07-2022 SENT BY THE PUBLIC INFORMATION OFFICER OF THE 4TH RESPONDENT TO SRI.JACOB.V.J Exhibit P31 TRUE COPY OF THE LETTER DATED 01-10- 2022 SENT BY THE TRUSTEES OF ST.MARY'S JACOBITE SYRIAN CATHEDRAL TO THE 2ND RESPONDENT Exhibit P32 TRUE COPY OF THE LETTER DATED 05- 01- 2023 SENT BY THE 7TH RESPONDENT TO THE PETITIONER EXCLUDING THE ANNEXURESRESPONDENT TO THE PETITIONER EXCLUDING THE ANNEXURES Exhibit P33 TRUE COPY OF THE LETTER DATED 11-01- 2023 SUBMITTED BY THE PETITIONER TO THE 9TH RESPONDENT Exhibit P34 TRUE COPY OF THE LETTER DATED 25-02- 2023 SUBMITTED BY THE PETITIONER TO THE 9TH RESPONDENT Exhibit P35 TRUE COPY OF THE EMAIL DATED 17-3-2023 SENT BY THE PETITIONER TO THE 9TH RESPONDENT Exhibit P36 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 16-03-2023 ISSUED BY DR.RANJITH JOHN, CONSULTANT PHYSICIAN, JK MEDICARE & DIABETICS CENTRE Exhibit P37 TRUE COPY OF ORDER NO.SMC/MO/NTS/71/22-23 DATED 29-03- 2023 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 30 : Exhibit P38 TRUE COPY OF THE ORDER DATED 06.02.2023 OF THE COURT OF THE HON'BLE PRINCIPAL MUNSIFF KOTTAYAM IN IA 1/2022 IN O.S NO 748 OF 2022 Exhibit P39 TRUE COPY OF LETTER NO. D2/33/2023/ H.EDN DATED 12-03-2023 SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT Exhibit P40 A TRUE COPY OF THE REPRESENTATION DATED 31-07-2024 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT RESPONDENTS' EXHIBITS Exhibit R10(a) TRUE COPY OF THE CERTIFICATE DATED 28.05.2003 ISSUED BY REGISTRAR UNDER ACT XII OF 1955 Exhibit R10(b) TRUE COPY OF THE BYE-LAW, OF THE YEAR 2003 NIL DATED UNDER WHICH THE SOCIETY WAS FORMED AND REGISTERED WITH THE REGISTRAR Exhibit R10(c) TRUE COPY OF THE INFORMATION DATED 14.03.2023 OBTAINED UNDER RTI ACT Exhibit R10(d) TRUE COPY OF THE AMENDED BYELAW OF ST.MARY'S JACOBITE SYRIAN CHARITABLE AND EDUCATION SOCIETY Exhibit R10(e) TRUE COPY OF ORDER DATED 11.03.2024 IN I.A NO.1/2022 IN O.S NO.48/2022 BEFORE THE MUNSIFF COURT, KOTTAYAM Exhibit R10(f) TRUE COPY OF THE ORDER IN I A 2/24 IN CMA 20/24 DATED 11.04.2024 PASSED BY THE ADDITIONAL DISTRICT JUDGE-V, KOTTAYAM Exhibit R10(g) TRUE COPY OF ORDER DATED 06.02.2023 IN I.A NO. 1/2022 IN O.S NO.748/2022 2024:KER:96650 W.P.(C) Nos.42671/2022 & 13094/2023 : 31 : Exhibit R10(h) TRUE COPY OF MINUTES OF THE GENERAL BODY DATED 17.03.2024 Exhibit R10(i) TRUE COPY OF THE APPROVAL OF THE PRINCIPAL IN CHARGE OF THE COLLEGE BY THE UNIVERSITY DATED 23.07.2024 Exhibit R7(a) THE TRUE COPY OF THE INTERIM INJUNCTION DATED 11.03.2024 PASSED BY THE MUNSIFF COURT, KOTTAYAM IN I.A NO.1/2022 OF O.S NO. 48/2022 Exhibit R7(b) THE TRUE COPY OF THE JUDGMENT DATED 05.04.2024 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 12443 OF 2024 Exhibit R7(c) THE TRUE COPY OF THE JUDGMENT DATED 21.06.2024 PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT IN W.A NO. 824 OF 2024