P M REMA, PRINCIPAL Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) In both these writ petitions, a common question arises for consideration, i.e. with regard to the refusal of the first respondent University to approve the appointment of the petitioner in W.P.(C) No.22834/2009 as Principal.

(2.) W.P.(C) No.30020/2010 is filed by the Cochin Devaswom Board who is managing the College. The Cochin Devaswom Board has two Colleges, viz. Sree Vivekananda College, Kunnamkulam and Sree Kerala Varma College, Thrissur. For convenience, I will refer to the pleadings in W.P.(C) No.22834/2009.

(3.) After the appointment of the petitioner also, Shri Jayanarayanan filed W.P.(C) No.31866/2008 challenging the appointment of the petitioner as Principal and this Court in Ext.P10 judgment, upheld the same on finding that the petitioner is the seniormost among the candidates considered. Thereafter, the University processed the application for approval and finally by Exts.P17 and P18 the decision of the University was communicated to the Manager of the College. Therein, the stand taken is that since the appointment of the Principal is by way of promotion on the basis of seniority-cum-fitness and as there is nothing to show that the petitioner is the seniormost teacher, her appointment is violative of Section 57(3) of the University Act.