Kerala High Court
Dr.Pradeep Kumar K vs Kannur University on 30 August, 2016
Bench: K.Surendra Mohan, Mary Joseph
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 28TH DAY OF MARCH 2017/7TH CHAITHRA, 1939
WA.No. 2516 of 2016 () IN WP(C).10964/2016
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AGAINST THE ORDER IN WP(C) 10964/2016 of HIGH COURT OF KERALA DATED 30-08-2016
APPELLANT/PETITIONER :
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DR.PRADEEP KUMAR K., S/O.P.OTHENAN, AGED 55 YEARS, RESIDING AT
JYOTHIS, CERAMICS JUNCTION, MANGATTUPARAMBA, P.O.KANNUR
UNIVERSITY CAMPUS, KANNUR DISTRICT,ASSOCIATE PROFESSOR,
NEHRU ARTS AND SCIENCE COLLEGE, KANHANGAD
BYADV. DR.PRADEEP KUMAR K.(PARTY-IN-PERSON)
RESPONDENTS/RESPONDENTS :
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1. KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR,
CIVIL STATION, KANNUR-2, KANNUR DISTRICT.
2. THE NEHRU ARTS AND SCIENCE COLLEGE, KANHANGAD, PADNNEKKAD P.O,
KASARAGOD DISTRICT-671 314, REPRESENTED BY ITS MANAGER
3. THE NEHRU MEMORIAL EDUCATIONAL SOCIETY, REPRESENTED BY ITS
SECRETARY,NEHRU ARTS AND SCIENCE COLLEGE CAMPUS, PADNEKKAD P.O.,
KASARAGOD DISTRICT - 671 314
4. DR.P.V.PUSHPAJA, PRINCIPAL, NEHRU ARTS AND SCIENCE COLLEGE CAMPUS,
PADNEKKAD.P.O., KASARAGOD DISTRICT - 671 314
5. DR.K.RAJAN, ASSOCIATE PROFESSOR AND HEAD OF THE DEPARTMENT,
DEPARTMENT OF STATISTICS, NEHRU ARTS AND SCIENCE COLLEGE,
PADNEKKAD P.O, KASARAGOD DISTRICT - 671 314.
6. DR.M.MURALIDHARAN NAMBIAR, ASSOCIATE PROFESSOR AND HEAD OF THE
DEPARTMENT, DEPARTMENT OF POLITICAL SCIENCE, NEHRU ARTS AND
SCIENCE COLLEGE, PADNEKKAD P.O, KASARAGOD DISTRICT - 671 314
7. DR.AASHOKAN, ASSOCIATE PROFESSOR AND HEAD OF THE DEPARTMENT,
DEPARTMENT OF ECONOMICS, NEHRU ARTS AND SCIENE COLLEGE,
PADNEKKAD P.O., KASARAGOD DISTRICT - 671 314
R2&3 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
R4 BY ADVS. SRI.K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI
SRI.BRIJESH MOHAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28-03-2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AV
K.SURENDRA MOHAN & MARY JOSEPH, JJ.
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W.A.No.2516 of 2016
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Dated this the 28th day of March, 2017
J U D G M E N T
Surendra Mohan, J.
This appeal is filed by the appellant in W.P.(C).No.10964 of 2016 against an interim order dated 30.08.2016. As per the order, the State Government has been directed to take a final decision in the matter regarding implementation/applicability of the Academic Performance Indicators (API) score in the Performance Based Appraisal System (PBAS) as stipulated by the UGC Regulations, 2010. The learned Single Judge has noticed that, though a request in relation to the above had been made by the Kannur University to the State Government as early as on 09.09.2015, no decision in the matter has been taken, till date. The reason is stated to be the divergence of opinion between the various Teachers Organisations. In order to resolve the impasse, the learned Single Judge has directed that a decision be taken by the State Government, involving two representatives of each of the Teacher's Organisations as well as the Universities. In the absence of any consensus being evolved through discussions, the State Government has been directed to take a decision in the matter, within a period of two months. The interim order is dated 30.08.2016. The complaint of the appellant is that, the writ petition is not being finally heard, for the reason that, no decision has been taken by the Government as directed in the order referred to above. The writ petition itself has W.A.No.2516 of 2016 2 been filed challenging the appointment of the fourth respondent as Principal, contending that she does not have the requisite qualification for being so appointed.
2. Having heard the appellant who has appeared before us in person, we are not satisfied that this appeal requires to be admitted. The order that is appealed against, does not suffer from any infirmity warranting an interference therewith. We are also not satisfied that any prejudice has been caused to the appellant by the said order. If as contended by the appellant, no decision in compliance with the order appealed against has been taken by the State Government so far, the remedy of the appellant lies elsewhere. We notice that, the State Government is not a party to the writ petition or to this appeal. Therefore, we do not know whether the interim order referred to above has been communicated to the State Government or not. If the appellant is desirous of having the writ petition itself heard and disposed of expeditiously, it is for him to move the learned Single Judge for an early hearing of the same.
For the foregoing reasons, we find no grounds to admit this Writ Appeal. The same is, accordingly, dismissed.
Sd/-
K.SURENDRA MOHAN JUDGE Sd/-
MARY JOSEPH JUDGE AV /True Copy/ P.A to Judge