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2008 Supreme(Ker) 96

K.BALAKRISHNAN NAIR, P.N.RAVINDRAN
Mar Athanasius College, Kothamangalam – Appellant
Versus
Director of Collegiate Education – Respondent


Advocates Appeared:For the Petitioners:George Jacob (Jose), Advocate. For the Respondents

Judgment :-

Balakrishnan Nair, J.

These two Writ Appeals arise out of the judgment in W.P.(C) No.36375/2003 dated 211.2007. The correctness of the promotion granted to a Lower Division Clerk to the post of Upper Division Clerk, superseding a senior L.D. Clerk by the Manager of an aided private College, s the point that arises for decision in these cases. We are also called upon to decide whether the said Manager is amenable to the writ jurisdiction of the Court.

2. This Writ Appeal is treated as the main case for the purpose of this judgment. The 3rd respondent herein was the writ petitioner. The appellants were respondents 2 and 3 in the writ petition. The writ petitioner approached this Court, challenging the proposal to promote the 2nd respondent to the post of U.D.Clerk, overlooking his claim. During the pendency of the writ petition, the said respondent was promoted as U.D.C., ignoring his claim. So, the writ petition was amended, challenging the said promotion and other consequential orders.

3. The brief facts of the case are the following: The writ petitioner was working as Library Assistant in the Mar Athanasius College, Kothamangalam. There are three posts each of L.D.Clerk

















































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