MAR ATHANASIUS COLLEGE Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) THESE two Writ Appeals arise out of the judgment in W. P. (C) No. 36375/2003 dated 29. 11. 2007. The correctness of the promotion granted to a Lower Division Clerk to the post of Upper Division Clerk, superseding a senior L. D. Clerk by the Manager of an aided private College, s the point that arises for decision in these cases. We are also called upon to decide whether the said Manager is amenable to the writ jurisdiction of the Court.

(2.) THIS Writ Appeal is treated as the main case for the purpose of this judgment. The 3rd respondent herein was the writ petitioner. The appellants were respondents 2 and 3 in the writ petition. The writ petitioner approached this Court, challenging the proposal to promote the 2nd respondent to the post of U. D. Clerk, overlooking his claim. During the pendency of the writ petition, the said respondent was promoted as U. D. C. , ignoring his claim. So, the writ petition was amended, challenging the said promotion and other consequential orders.

(3.) THE brief facts of the case are the following: The writ petitioner was working as Library Assistant in the Mar Athanasius College, Kothamangalam. There are three posts each of L. D. Clerk and U. D. Clerk in his College. He was promoted as L. D. Clerk by Ext. P1 order dated 1. 2. 2000. By Ext. P2 order dated 14. 5. 2002, his probation was declared with effect from 1. 2. 2001. He cleared the Account Test (Lower) held by the Public Service Commission in January 2002, the results of which were published in June, 2002. The 2nd respondent herein Mr. Ciju John was working as Lab/library Assistant. He was promoted as L. D. Clerk by downgrading a vacant post of U. D. Clerk with effect from 7. 8. 2000 up to 15. 3. 2001. This was in the leave vacancy of Mr. M. A. Lazer, U. D. Clerk. Again the 2nd respondent was accommodated in the leave vacancy of Mr. E. K. Krishnan, U. D. Clerk from 16. 3. 2001 to 15. 6. 2001. Later, in the retirement vacancy of Mr. M. A. Lazer, U. D. Clerk, which arose on 1. 5. 2001, he was promoted as L. D. Clerk, downgrading the post of U. D. C with effect from 1. 5. 2001. All these promotions appear to have been made by Ext. P4 proceedings of the management, issued some time before 25. 3. 2003, which is the date of the covering letter of Ext. P4.