MANAGER ST THOMAS COLLEGE Vs. VARUGHESE PHILIP

JUDGEMENT

(1.) These two cases arise from judgment dated 1/3/2017 in WP(C) No. 11917/2013. WA No.913/2017 has been filed by the Manager of St.Thomas College, who is the 3rd respondent in the writ petition and WA No.921/2007 has been filed by the 5th respondent in the writ petition.

(2.) The short facts of the case are as under:-

(3.) While impugning the aforesaid judgment, learned senior counsel for the appellants would point out that in so far as the Management is a minority institution, it is entitled to fill up the post of Principal from among the members of the minority candidates who applied for it and seniority cannot be a criteria for such a decision. After referring to the judgment in S.N. College v. Raveendran, 2001 3 KerLT 938, it is pointed out that though UGC Scheme was introduced from 1/01/1986, and Government passed GO(P) No.171/1999/H.Edn dated 21/12/1999 for implementation of the said scheme, unless and until amendments are effected in the University statutes, the same would not be applicable to private colleges. It was held that Management of private colleges are not bound to follow the same. The Full Bench of this Court in Radhakrishnan Pillai v. Travancore Devaswom Board, 2016 2 KerLT 245(FB) (which was relied upon by the learned Single Judge) was clarified by the Apex Court. The Apex Court while considering an appeal filed by the University as SLP Nos.18938-18942/2017, after referring to the Full Bench judgment, passed an order on 17/7/2018 as under:-