Kerala High Court
Thomas.K.Philip vs State Of Kerala on 20 February, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:14644
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 20TH DAY OF FEBRUARY 2025/1ST PHALGUNA, 1946
RP NO. 87 OF 2025
AGAINST THE JUDGMENT DATED 20.12.2024 IN WP(C)
NO.13094 OF 2023 OF HIGH COURT OF KERALA
REVIEW 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.
SRI.S.PRASANTH (AYYAPPANKAVU)
SMT.VARSHA BHASKAR
SRI.JINU JOSEPH
SMT.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.
2025:KER:14644
R.P. No.87/25 in W.P.(C) No.13094/2023
and
R.P. No.228/25 in W.P.(C) No.42671/2022
:2:
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,
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
2025:KER:14644
R.P. No.87/25 in W.P.(C) No.13094/2023
and
R.P. No.228/25 in W.P.(C) No.42671/2022
:3:
10 REV. FR.KURIAKOSE ABRAHAM COR-EPISCOPA
S/O. LATE.ABRAHAM,
KARUKAYIL (H), MALAM (P.O),
KOTTAYAM DISTRICT,
CHAIRMAN,
ST. MARY'S JACOBITE SYRIAN CHARITABLE &
EDUCATIONAL SOCIETY,
MANARCAUD,
KOTTAYAM & MANAGER ST.MARY'S COLLEGE MANARCAUD,
KOTTAYAM DISTRICT, PIN - 686019
BY ADV.
SRI.PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER
SRI.SURIN GEORGE IPE, SC
SRI.ACHUTH KESAV,
SRI.SANTHARAM P.S.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
20.02.2025, ALONG WITH RP.228/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:14644
R.P. No.87/25 in W.P.(C) No.13094/2023
and
R.P. No.228/25 in W.P.(C) No.42671/2022
:4:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 20TH DAY OF FEBRUARY 2025/1ST PHALGUNA, 1946
RP NO. 228 OF 2025
AGAINST THE JUDGMENT DATED 20.12.2024 IN WP(C) NO.
42671 OF 2022 OF HIGH COURT OF KERALA
REVIEW PETITIONER:
THOMAS K PHILIP,
AGED 59 YEARS,
S/O K.P.THOMAS,
HEAD ACCOUNTANT
(UNDER ORDERS OF SUSPENSION)
ST. MARY'S COLLEGE MANARCAUD,
MALAM P.O, KOTTAYAM, PIN - 686019
BY ADVS.
SRI.S.PRASANTH (AYYAPPANKAVU)
SMT.VARSHA BHASKAR
SMT.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
2025:KER:14644
R.P. No.87/25 in W.P.(C) No.13094/2023
and
R.P. No.228/25 in W.P.(C) No.42671/2022
:5:
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 MANARCD,
REPRESENTED BY THE MANAGER,
MALAM P.O, KOTTAYAM, PIN - 686019
6 DR.PUNNEN KURIAN,
PRINCIPAL (NOTE 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,
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
BY ADVS.
SRI.PREMCHAND R. NAIR, SR. GOVERNMENT PLEADER
SRI.SURIN GEORGE IPE, SC
SRI.AHUTH KESAV.
SRI.SANTHARAM P.S.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
20.02.2025, ALONG WITH RP.87/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:14644
R.P. No.87/25 in W.P.(C) No.13094/2023
and
R.P. No.228/25 in W.P.(C) No.42671/2022
:6:
ORDER
Dated this the 20th day of February, 2025 [R.P. Nos.87 and 228 of 2025] Alleging errors apparent on the face of the judgment in W.P.(C) Nos.13094 of 2023 and 42671 of 2022, these review petitions have been filed by the petitioner.
2. W.P.(C) Nos.13094 of 2023 and 42671 of 2022 were dismissed as per judgment dated 20.12.2024. The writ petitioner, who is the review petitioner herein would submit that this Court did not consider the ground that in Ext.P18 judgment, the observation that the appellants did not have any grievance against the reinstatement of the 4th respondent subject to the outcome of the disciplinary proceedings contemplated against him.
2025:KER:14644 R.P. No.87/25 in W.P.(C) No.13094/2023 and R.P. No.228/25 in W.P.(C) No.42671/2022 :7:
3. Similarly, the finding in paragraph 18 of the impugned judgment that "St. Mary's Jacobite Syrian Charitable and Educational Society has been approved as the Manager of the Educational Institute" is incorrect. The counter affidavit filed by the 4th respondent clearly shows that the Church is still considered by the University as the Educational Agency of the College.
4. The counsel for the petitioner would further submit that when a contention is raised by the petitioner regarding the authority of the person, who issued the order and when he has relied on documents to prove it, it is for the 7 th respondent to prove that he has acted with authority. The 4 th respondent-University has also stated that the Church remains as recognised Educational Agency.
5. The petitioner also submitted that the petitioner had been admitted to a hospital during the relevant 2025:KER:14644 R.P. No.87/25 in W.P.(C) No.13094/2023 and R.P. No.228/25 in W.P.(C) No.42671/2022 :8: period and had duly produced the medical certificate requesting adjournment. Interlocutory application for staying the disciplinary proceedings was pending before this Court. Therefore, it is unjust to conclude that the petitioner's absence was deliberate or that he failed to avail the opportunity to participate.
6. The review petitioner would further submit that in paragraph 24 of the judgment it was incorrectly found that the pleadings do not show the petitioner demanded subsistence allowance. This was contrary to what is stated in Ext.P34 in W.P.(C) No.13094 of 2023.
7. The petitioner submitted that the action of the respondents violated Statute 75(11) of the Mahatma Gandhi University Statutes, 1997, which provided that the disciplinary authority must consider the explanation of the delinquent officer before passing any punishment.
2025:KER:14644 R.P. No.87/25 in W.P.(C) No.13094/2023 and R.P. No.228/25 in W.P.(C) No.42671/2022 :9:
8. Going through the judgment, I find that all the grounds now urged by the petitioner were considered in the judgment in the writ petitions. The contention of the petitioner is that St. Mary's Jacobite Syrian Charitable and Educational Society is an Educational Agency of St. Mary's College and St. Mary's College can initiate action against the petitioner on this matter. This Court found that the 7th respondent-St. Mary's Jacobite Syrian Charitable and Education Society has been approved as the Manager of the Educational Institute of the College. In Ext.P18 judgment in W.P.(C) No.14977 of 2020, this Court has held that the College is administered by St. Mary's Jacobite Syrian Charitable and Educational Society. This Court also noted that the bye-laws were amended by the General Body. It is a subject matter in a pending litigation in Civil Court.
2025:KER:14644 R.P. No.87/25 in W.P.(C) No.13094/2023 and R.P. No.228/25 in W.P.(C) No.42671/2022 : 10 :
9. This Court found that the Deputy Director of Collegiate Education in the counter affidavit, has stated that civil cases are pending in connection with the appointment of the Manager of the College and the formation of a valid Governing Board will depend upon the decision of the Civil Court. The Educational authorities are treating the 7 th respondent as the Chairman of the Educational Society and Manager of the Educational Institution. In these circumstances, this Court came to a conclusion that disciplinary proceedings against the petitioner cannot be said to be vitiated.
10. This Court also noted that the petitioner was served with a show cause notice to which he submitted a reply denying the charges. The Governing Board recommended a domestic enquiry. An Advocate conducted the domestic enquiry. The petitioner was informed about the domestic enquiry. Registered notices were sent to the petitioner to 2025:KER:14644 R.P. No.87/25 in W.P.(C) No.13094/2023 and R.P. No.228/25 in W.P.(C) No.42671/2022 : 11 : appear in the enquiry. The petitioner did not turn up. The enquiry was complete. In the circumstances, I do not find any error apparent on the face of the judgment warranting interference.
The review petitions are therefore dismissed.
Sd/-
N. NAGARESH JUDGE SR