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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE ANIL K. NARENDRAN, MR. JUSTICE MURALEE KRISHNA S., JJ
Advisory Board to The Education Institutions – Appellant
Versus
St. Peter's College Trust, Kolenchery – Respondent
JUDGMENT :
Anil K. Narendran, J.
The appellants, who are respondents 4 to 6 in W.P.(C)No.38597 of 2024 have filed this writ appeal, invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958 challenging the interim order dated 07.11.2024 of the learned Single Judge in that writ petition, which was one filed by respondents 1 to 3-writ petitioners seeking a writ of certiorari to quash Ext.P29 proceedings dated 25.10.2024 of the Registrar of Mahatma Gandhi University, rejecting the request for the approval of the appointment of the 6th respondent herein as Principal-in- charge of St.Peter’s College, Kolenchery; and a writ of mandamus commanding respondents 4 and 5 herein to approve the appointment of the 6th respondent herein as Principal-in-charge of St.Peter’s College, Kolenchery, as sought for in Ext.P20 representation dated 08.01.2024 made by St.Peter’s College Trust, until a Principal is appointed by direct recruitment as envisaged in the University Grants Regulations, 2018 or as per the rights of a minority educational institution.
2. On 07.11.2024, when the writ petition came up for consideration, the learned Single Judge admitted the matter on file and issued u
The court emphasized the necessity of consistency in judicial decisions, ruling that similar writ petitions should be heard together to avoid contradictory judgments.
The court ruled that a writ petition lacks merit if the petitioner is no longer associated with the institution in question.
The Officiating Principal has the right to challenge the appointment of a regularly selected candidate, and appointments made contrary to statutory provisions are invalid.
Management disputes in educational institutions require judicial oversight to ensure proper protocols are followed in disciplinary actions and managerial appointments under the Kerala Education Rules....
The Government cannot review a revisional order; petitioners must explicitly challenge orders for the court to consider them.
The court ruled that administrative decisions regarding college principal appointments may be reviewed for compliance with statutory regulations, particularly UGC Guidelines, emphasizing the importan....
The interim orders extending a Manager's tenure amid disputes regarding property status as Waqf were deemed improper, highlighting potential abuse of legal process.
The court affirmed that educational authorities must consistently approve appointments for similarly situated individuals, rejecting arbitrary refusals.
Writ of mandamus – Employment and service matter – Appointment of Principle of college - Selection Process - Appointment of Principal in College has to be as per recommendation of Selection Committee....
The court established that interim orders do not invalidate prior valid selections and that seniority must be determined based on actual service and selection dates.
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