Kerala High Court
WA/2205/2023 of ST. MARY’S COLLEGE MANARCAUD Vs STATE OF KERALA on 26 May 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945 WA NO. 2205 OF 2023 AGAINST THE JUDGMENT DATED 22.11.2023 IN WP(C) 16981/2023 OF HIGH COURT OF
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA,
AGAINST THE JUDGMENT DATED 22.11.2023 IN WP(C) 16981/2023
OF HIGH COURT OF KERALA
APPELLANTS:
ST. MARY'S COLLEGE MANARCAUD, REPRESENTED BY THE
MANAGER, MANARCAUD, MALAM P.O., KOTTAYAM, PIN –
686 101
PRINCE ELIAS, AGED 60 YEARS, MANAGER, ST. MARY'S
COLLEGE, MALAM, MANARCAD, KOTTAYAM - 686 019, RESIDING AT PAZHAYADATHUVAYALIL HOUSE, MALAM
P.O, MANARCAD, KOTTAYAM, PIN – 686 019
BY ADVS.
ACHUTH KYLAS
R.MAHESH MENON
SACHIN.P.K
SREEDEVI KYLASANATH
VARGHESE XAVIER
RESPONDENTS:
STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001
THE DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN – 695 033
THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION, NEAR FIRE AND RESCUE STATION,
WA NO. 2205 OF 2023
..2..
VAYASKARAKUNNU, PALACE ROAD, KOTTAYAM, PIN – 686
MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS
REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT, PIN – 686 560
MATHEW P. T, S/O KORAH THOMAS, PADIYARA HOUSE, MALAM P. O., MANARCAUD, KOTTAYAM, PIN – 686 019
ADDL.R6 M.I.JOSE
OOROTTUKALAYIL, AGED 64 YEARS, S/O.(LATE)
M.I.IPE, TRUESTEE, ST.MARY'S JACOBITE SYRIAN
CATHEDRAL (FORMERLY ST.MARY'S JACOBITE SYRIAN
CHURCH), MANARCAUD (P.O.), KOTTAYAM, PIN 686
019., PIN - 686019
ADDL.R7 BINU T.JOY
THAZHATHEDATHU, AGED 47 YEARS, S/O.(LATE)
T.AJOY, TRUESTEE, ST.MARY'S JACOBITE SYRIAN
CATHEDRAL (FORMERLY ST.MARY'S JACOBITE SYRIAN
CHURCH), MANARCAUD (P.O.), KOTTAYAM, PIN 686
019.
[ADDL. RESPONDENTS ARE IMPLEADED AS PER ORDER
DATED 10.07.2023 IN I.A.1/2023 IN
WP(C)16981/2023.]
BY ADVS.
PRASANTH SUGATHAN
VARSHA BHASKAR(K/487/2004)
ANUPAMA SIBI(K/698/2019)
N.KRISHNA OZHAKKANAT(K/1518/2019)
ADV. A.J. VARGHESE SR GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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J U D G M E N T
A. Muhamed Mustaque, J. There exists a dispute in regard to the management of ST. Mary's College, Manarcad, Kottyam an aided college, affiliated to M.G University.
2. A learned Single Judge directed the parties to approach the Civil Court to resolve disputes regarding the governance of the college. Several suits appear to have been pending before the Civil Court.
3. The learned Senior counsel appearing for the appellants in the matter submits that they are not really aggrieved by the direction of the learned Single Judge in the matter in resolving the dispute regarding management through the Civil Court but pointed out that there exists vacancies of Assistant Professors and non teaching staff. There appears to have been 18 vacancies in both teaching and non teaching categories.
4. Having considered the submissions as above, it is appropriate to direct the Director of Collegiate Education to initiate recruitment process to appoint
..4.. teaching and non teaching staff adhering to the UGC Regulations and University norms. Ordered accordingly. The entire expenses for such process shall be met from the corpus of the society. Needful shall be done by the Director of Collegiate Education within a period of three months. The rest of the disputes regarding the management of the college will have to be resolved through the Civil Court as directed by the learned Single Judge. The Director of Collegiate Education shall initiate process afresh. This Writ Appeal is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE PR