REV. FR. DANIEL KUZHITHADATHIL Vs. JOSE

JUDGEMENT

(1.) IS Section 57(3) of the Kerala University Act, 1974 ultra vires Article 30 of the Constitution? This is the primary issue that arise 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.) AS the order dated March 27, 2000 had been completely stayed, the management issued an order appointing Mr. T. Jose, who was also working as Lecturer, to discharge the duties of the post of principal vide order dated May 25, 2000. This was intended to be an interim arrangement till the appointment was made on regular basis.