IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &

THE HONOURABLE MR. JUSTICE P. V. BALAKRISHNAN ND THURSDAY, THE 22 DAY OF MAY 2025 / 1ST JYAISHTA, 1947 W.A. NO. 875 OF 2018 AGAINST THE JUDGMENT DATED 21.03.2018 IN W.P.(C)

NO.1530 OF 2018 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS: 1 DR.REJIKUMAR K.T.

GUEST LECTURER,INTERNATIONAL RELATIONS AND POLITICS,SCHOOL OF INTERNATIONAL RELATIONS AND POLITICS,MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560.

2 DEEPU P.THOMAS GUEST LECTURER IN SOCIAL SCIENCES, SCHOOL OF SOCIAL SCIENCES, MAHATMA GANDHI UNIVERSITY,PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560.

3 SUDHISH PEARSON GUEST LECTURERWS TOURISM STUDIES, MAHATMA GANDHI UNIVERSITY,PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560.

4 ABIN K.I.

GUEST LECTURER TOURISM STUDIES, SCHOOL OF TOURISM STUDIES,MAHATMA GANDHI UNIVERSITY,PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560.

5 NISHA SIDDIQUE GUEST LECTURER IN ENGLISH, SCHOOL OF LETTERS, MAHATMA GANDHI UNIVERSITY,PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560.

6 RENGUPTA M.

GUEST LECTURER,INTERNATIONAL RELATIONS AND POLITICS,SCHOOL OF INTERNATIONAL RELATIONS AND POLITICS,MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560.

7 COLBE DAVIS JOSEPH GUEST LECTURER IN ENGLISH,SCHOOL OF LETTERS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560.

8 VISHNU PRIAY S.

GUEST LECTURER IN MALAYALAM,SCHOOL OF LETTERS, MAHATMA GANDHI UNIVERSITY,PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560.

BY ADVS.

SRI.KALEESWARAM RAJ KUM.A.ARUNA RESPONDENTS/RESPONDENTS:

1 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O.,KOTTAYAM-686 560.

2 VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560.

3 REGISTRAR MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560.

4 ASSISTANT REGISTRAR ADMN MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560.

BY ADV SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY OTHER PRESENT:

SRI. SURIN GEORGE, SC, MGU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

22.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

The petitioners in W.P.(C)No.1530 of 2018 have filed this writ appeal invoking the provisions under Section 5(i) of the Kerala High Court, 1958, challenging the judgment dated 21.03.2018 of the learned Single Judge in that writ petition, which was one filed invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 order dated 30.12.2017 issued by the 4^th respondent Assistant Registrar (Administration), Mahatma Gandhi University. The petitioners have also sought for a writ of certiorari to quash Ext.P6 notification dated 09.01.2018 issued by the 1^st respondent University to the extent it relates to the selection process for appointment of Guest Lecturers (Internal) for the disciplines listed as item Nos.7, 8 and 11; a declaration that the petitioners are not liable to be replaced/disengaged/terminated from service by another set of adhoc/temporary/Guest Lecturers; and a writ of mandamus commanding the respondents to refrain from replacing/disengaging/terminating the petitioners from service by another set of adhoc/temporary/Guest Lecturers.

2. The said writ petition was dismissed by the judgment dated 21.03.2018 of the learned Single Judge. Paragraphs 5 to 9 of that judgment read thus;

5. It is contended by the learned counsel for the petitioner that where a law is laid down by the Apex Court, this Court cannot deviate from the ratio of the decisions. The learned counsel relies on the decisions reported in Suganthi Suresh Kumar v. Jagadeeshan [2002 (1) SCR 269] in support of the said contention.

6. I have considered the contentions advanced. It is clear from the orders engaging the petitioners that they were engaged as guest lecturers on hourly wage basis on the basis of walk in interview. A perusal of the order engaging the