Kerala High Court
Dr. Gopalakrishnan T.R vs Kerala Agricultural University on 2 July, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 5TH DAY OF DECEMBER 2012/14TH AGRAHAYANA 1934
WP(C).No. 17966 of 2012 (U)
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PETITIONER(S):
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1. DR. GOPALAKRISHNAN T.R.
S/O.T.A.RAMAN, AGED 57 YEARS, 'NEELIMA',SURABHI LANE
VELLANIKKARA,KAU.P.O,THRISSUR
(DIRECTOR OF RESEARCH,KERALAAGRICULTURAL UNIVERSITY
THRISSUR).
2. DR.SVERUP JOHN,, AGED 57 YEARS
S/O.M.K.JOHN,MITHRAPURAM BUNGALOW, ADOOR.
(DEAN FACULTY OF AGRICULTURE,COLLEGE OF AGRICULTURE
VALLAYANI.)
BY ADVS.SRI.O.V.RADHAKRISHNAN (SR.)
SMT.K.RADHAMANI AMMA
SRI.ANTONY MUKKATH
RESPONDENTS:
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1. KERALA AGRICULTURAL UNIVERSITY
VELLANIKKARA,THRISSUR,PIN-680 654
REPRESENTED BY ITS REGISTRAR.
2. VICE CHANCELLOR,
KERALA AGRICULTURAL UNIVERSITY,VELLANIKKARA,THRISSUR
PIN-680 654.
3. DR.P.SIVAPRASAD,
PROFESSOR & ASSOCIATE,DIRECTOR OF RESEARCH
DEPARTMENT OF PLANT PATHOLOGY
COLLEGE OF AGRICULTURE,VELLAYANI,THIRUVANANTHAPURAM
RESIDING AT VETTUVILAYIL,KARUNYA-197,KOCHULLUR
MEDICAL COLLEGE.P.O,THIRUVANANTHAPURAM.PIN-695 011.
R1 & R2 BY SRI.BABU JOSEPH KURUVATHAZHA,
SC,KERALA AGRICULTURAL UNIVERSITY
R3 BY ADV. SRI.P.V.JAYACHANDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17966 of 2012
APPENDIX
PETITIONERS' EXHIBITS
EXT-P1 TRUE COPY OF THE NOTIFICATION DATED 02.07.2008 OF THE REGISTRAR
OF IST RESPONDENT.
EXT-P2 TRUE COPY OF THE ORDER DATD 03.07.2010 REGARDING THE IST
PETITIONER AND 2ND PETITIONER.
EXT-P2(a) TRUE COPY OF THE ORDER DATED 03.07.2010 REGARDING THE 2ND
PETITIONER.
EXT-P3 TRUE COPY OF THE LETTER DATED 15.06.2010 OF THE INDIAN COUNCIL
AGRICULTURE RESEARCH.
EXT-P4 TRUE COPY OF THE ORDER DATED 27.09.2010 OF THE REGISTRAR OF THE
IST RESPONDENT.
EXT.P4(a) TRUE COPY OF THE ORDER DATED 03-09-2010 OF THE REGISTRAR OF
THE 1ST RESPONDENT.
EXT-P5 TRUE COPY OF THE LETTER DATED 28.2.2011 OF THE AGRICULTURAL
UNIVERSITY TO THE CHANCELLOR.
EXT-P6 TRUE COPY OF THE ORDER OF THE CHANCELLOR OF THE UNIVERSITY
DATED 16.04.2012.
EXT-P7 TRUE COPY OF THE RELEVANT PORTION OF THE FINAL AGENDA ON THE
114TH GENERAL COUNCIL OF THE UNIVERSITY DATED 28.7.2012.
EXT-P8 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN MATHRUBHOOMI
DAILY ON 28.07.2012.
EXT-P9 TRUE COY OF THE NEWS PAPER REPORT PUBLISHED IN HINDU DAILY
ON 29.07.2012.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/ P.A. TO JUDGE
kvr/
P.R.RAMACHANDRA MENON, J.
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W.P.(c) No.17966 OF 2012
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Dated this the 5th day of December , 2012
JUDGMENT
The petitioners, who are working as Director of Research ( Agriculture) and Dean of Faculty of Agriculture in the respondent University are stated as constrained to approach this Court in view of the proposed steps being taken by the University to review the appointment of the petitioners holding that, the selection and appointment was not correct or proper. Many a ground has been raised in the writ petition challenging the steps being taken by the University. When the matter came up for consideration before this Court on 31/07/2012, the writ petition was admitted, also granting interim stay as prayed for.
2. The learned Standing Counsel for the respondent University submits that, the proceedings taken by the University are perfectly within the four walls of law and that the petitioners have already been served with proper show cause notices, in response to W.P.(C)No.17966/2012 2 which they have submitted their explanation as well. The learned counsel further submits that every opportunity will be provided to the petitioners to substantiate their case and only after hearing them, a final decision will be taken, based on the actual facts and circumstances and the relevant provisions of law.
After hearing both the sides, the writ petition is disposed of, with liberty to the respondent University to finalise the proceedings in response to the show cause notice and the explanation submitted by the petitioners concerned. If for any reason, the final order to be passed by the University stands detrimental to the rights and interests of the petitioners, the implementation of the same shall be kept in abeyance for a period of one week from the date of communication.
P.R.RAMACHANDRA MENON JUDGE sv.
W.P.(C)No.17966/2012 2