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2009 Supreme(Ker) 252

K.BALAKRISHNAN NAIR, M.L.JOSEPH FRANCIS
Malabar Mar Thoma Syrian Christian Evangelistic Association – Appellant
Versus
Lally Mathew, Principal, Mar Thoma College for Women – Respondent


Advocates Appeared:
For the Petitioners:Kurian George Kannanthanam (SR.), Advocate. For the Respondents:

Judgment :-

Balakrishnan Nair, J.

The respondents 1 to 3 in W.P.(C) No.12503/2007 are the appellants. The respondents are respectively, the writ petitioner and respondent No.4 in the said writ petition. The point that arises for decision in this appeal is whether the agreement executed between an appointee to the post of Principal in a Private College affiliated to the M.G. University and the management has the efficacy to curtail the period of appointment of that incumbent.

2. The brief facts of the case are the following: Mar Thoma College for Women, Perumbavoor is a Private College affiliated to the M.G. University. The educational agency of that College has entered into an agreement with the Government for direct payment of salary to the teaching and nonteaching staff of that College by the Government. A vacancy in the post of Principal arose in the College on 33.2003, as a result of the retirement of the then Principal. Though, the 1st respondent/writ petitioner was the senior-most qualified person to be promoted as Principal, Smt.Mariam Kuruvila Joseph, who was junior to her, was promoted to that post. The 1st respondent challenged the said appointment before the University A





























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