VARGHESE M MATHUNNY Vs. STATE OF KERALA

JUDGEMENT

(1.) Is S.57 (3) of the Kerala University Act, 1974 ultra vires Art.30 of the Constitution This is the primary issue that arises for consideration in this set of six writ petitions. The broad facts on which there is a consensus among the counsel for the parties may be briefly noticed.

(2.) The post of Principal, Mar Ivanios College, Trivandrum was to become vacant on March 31, 2000 on the retirement of Dr. Antony Eapen. In anticipation, the Manager had issued an order dated March 27, 2000 by which Rev. Daniel Kuzhithadathil, who was working as Lecturer, was ordered to be given charge of the post of Principal. It was further directed that he would also act as the Drawing and Disbursing Officer. Feeling aggrieved by this order, Dr. Varghese M. Mathunni filed a petition viz. O.P. No. 10111, of 2000. In this petition Rev. Daniel Kuzhithadathil was impleaded as the 4th respondent. The matter was considered by a learned Single Judge. The writ petition was admitted. An interim order was passed that the 4th respondent shall not take charge of the office of the Principal.

(3.) On April 15, 2000, the Vice - Chancellor of the Kerala University approved the order of the appointment of Rev. Daniel Kuzhithadathil as Drawing and Disbursing Officer. At this stage Dr. P. V. Thomas filed a petition under Art.226 of the Constitution viz. O. P. No. 14337 of 2000. In this petition a challenge was also made to the order dated March 27, 2000 by which he was given charge of the office of Principal. An interim order restraining Rev Daniel Kuzhithadathil from functioning as Drawing and Disbursing Officer and discharging the duties of Principal was passed on May 24, 2000.