High Court of KeralaDivision BenchDisposed of by directing the Tribunal to decide...

C.R.P. (Uty.) No.1 of 2020

Case / Petition Number:CRP (Uty.) No.1 of 2020

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A.K. Jayasankaran Nambiar
  • Mohammed Nias C.P.
Judgment Date
2023-07-21
Court Decision / Holding
The High Court held that revisions challenging preliminary jurisdictional orders should not be entertained and directed the University Appellate Tribunal to proceed with UA 6/2009, decide the final orders within three months, and refrain from reinstating the first respondent until orders are passed. The CRP(Uty) No.1 of 2020 is disposed of accordingly.
Final Disposition
Disposed of by directing the Tribunal to decide UA 6/2009 within three months; stay of reinstatement until final orders; revision disposed as outlined above.

Parties to the Case

Appellants / Petitioners

  • Marian College, Kuttikanam (Autonomous), represented by its Principal, Kuttikanam.P.O., Peermade, Iddukki District, Kerala-685531.
  • The Manager, Marian College (Autonomous), Kuttikanam.P.O., Peermade, Iddukki District, Kerala-685531.

Respondents

  • Sri Ajith Fredjeev Dinakarlal, 'Jeeva', IA3, Holy Cross Nagar, Nagarcoil, K.K. District, Tamil Nadu-629004.
  • Mahatma Gandhi University represented by its Registrar, Priyadarsini Hills P.O., Kottayam-686560.

Legal Representation & Advocates

Counsels for Petitioners

  • • Kuriann George Kannattanam (Sr.)
  • • Sri. Tony George Kannathanam
  • • Sri. Thomas George
  • • Sri. Sivashankar Panicker
  • • Sri. Alex George

Counsels for Respondents

  • • Sri. T.U. Sujith Kumar (Advocate for University)

Case Synopsis & Summary

This revision petition under the Mahatma Gandhi University Act, 1985 challenges the University Appellate Tribunal’s interim order and the maintainability of an appeal under Section 63(6) of the Act. The petitioners, the Principal and Manager of Marian College (Autonomous) Kuttikanam, argue that appointments in the unaided/self-financing section are dehors the University Act and the college statutes, and that the first respondent’s appointment was never approved by the University. Consequently, he cannot be a “teacher” under Section 2(29) and thus not eligible to file an appeal under Section 63(6). The University Appellate Tribunal had found no clear evidence that the first respondent’s appointment fell under Self Financing Scheme or that University approval was lacking, and treated maintainability as a mixed question of fact and law to be decided at final hearing. The petition questioned the Tribunal’s jurisdiction and the interim order staying part of the relief from service, seeking to set aside the Tribunal’s conclusions on jurisdiction. The High Court cautioned against entertaining revisions directed to preliminary jurisdictional orders and directed the Tribunal to proceed with UA 6/2009, decide within three months, and keep the first respondent out of reinstatement pending final orders. The matter was disposed accordingly.

Provisions of Law Cited

Section 63(6) of the Mahatma Gandhi University Act, 1985Section 2(29) of the Mahatma Gandhi University Act, 1985

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argue that appointments to the unaided/self-financing section are dehors the University Act and statutes, and that the first respondent’s appointment was never approved by the University, hence he cannot be a “teacher” under Section 2(29) nor eligible to invoke Section 63(6). They contend that the maintainability issue is a jurisdictional question and should be resolved at the main hearing; challenging preliminary jurisdictional orders before the Tribunal leads to delay and should be relegated to the Tribunal rather than entertained in revision. The court should have relegated the matter to the Tribunal for final decision on merits and jurisdiction, rather than entertain this revision at the preliminary stage.

Contentions of Respondents

The respondents contend that the University Appellate Tribunal had jurisdiction to entertain the challenge. The tribunal’s findings that there is no clear proof that the appointment fell under Self Financing Scheme or that University approval was lacking underpin the maintainability argument. They urge that maintainability is a mixed question of fact and law to be resolved at final hearing, and that revisions challenging preliminary orders should not thwart the main proceedings. The University seeks a fair, timely adjudication in the Tribunal while ensuring due process and compliance with the Act and Statutes.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Cooper Engineering Limited v. P.P. MundheAIR 1975 SC 1900PositiveCited to support the proposition that revisional challenges to preliminary orders should not derange main proceedings and should be relegated to the forum for final adjudication.
D.P. Maheshwari v. Delhi Admn. and others1983 KHC 514PositiveCited as authority backing the view that jurisdictional questions and maintainability can/should be resolved in the context of the main proceedings.
Amrita Institute of Medical Sciences v. Labour Court2017 (4) KLT 1040PositiveCited as further authority for principled approach to revisional challenges involving jurisdiction and procedural compliance.
Chelamattom Sree Krishna Swami Devaswom Trust v. State of Kerala and others2022 (4) KLT 90PositiveCited as supportive precedent reinforcing the Court’s approach to jurisdictional and procedural issues in revision petitions.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 21STDAY OF JULY 2023 / 30TH ASHADHA, 1945 ``` ## **`CRP(UTY) NO. 1 OF 2020`** ``` AGAINST THE ORDER DATED 20.2.2020 IN IA 7/2019 IN UNIVERSITY APPEAL 6/2019 OF UNIVERSITY APPELLATE TRIBUNAL, ``` ## **`THIRUVANANTHAPURAM`** ## **`REVISION PETITIONERS/RESPONDENTS 1 &2/RESPONDENTS 1 & 2:`** ``` MARIAN COLLEGE, KUTTIKANAM (AUTONOMOUS), REPRESENTED BY ITS 1 PRINCIPAL, KUTTIKANAM.P.O., PEERMADE, IDUKKI DISTRICT, KERALA-685531. THE MANAGER, 2MARIAN COLLEGE (AUTONOMOUS), KUTTIKANAM.P.O., PEERMADE, IDUKKI DISTRICT, KERALA-685531. BY ADVS.KURIAN GEORGE KANNANTHANAM (SR.) SRI.TONY GEORGE KANNANTHANAM SRI.THOMAS GEORGE SHRI.SIVASHANKAR PANICKER SRI.ALEX GEORGE ``` ## **`RESPONDENTS/PETITONER & 3RD RESPONDENT/APPELLANT & 3RD`** ## **`RESPONDENT:`** ``` 1SRI. AJITH FREDJEEV DINAKARLAL, 'JEEVA', IA3, HOLY CROSS NAGAR, NAGARCOIL, K.K.DISTRICT, TAMIL NADU-629004. ``` C.R.P (Uty.) No.1 of 2020 2 ``` MAHATMA GANDHI UNIERSITY, 2REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS.P.O., KOTTAYAM-686560. BY ADV SRI.T.U.SUJITH KUMAR ``` ``` THIS CRP (UNIVERSITY ACT) HAVING COME UP FOR ADMISSION ON 21.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` C.R.P (Uty.) No.1 of 2020 3 ## **A.K.JAYASANKARAN NAMBIAR, & MOHAMMED NIAS C.P., JJ** **............................................................** ## **C.R.P (Uty.) No.1 of 2020** ............................................................. Dated this the 21[st] day of July, 2023 ## **O R D E R** ## Mohammed Nias C.P., J. This revision is filed by the Principal and Manager of an Aided, Autonomous College, which also conducts Unaided (Self Financing) Courses. It is their contention that the appointment to the posts in the unaided section is being done _dehors_ the provisions in the University Act and the statutes. The first respondent was appointed as a teaching faculty, against whom the college conducted an enquiry on charges of misconduct, leading to his removal from service in April 2019. The first respondent challenged the said order under Section 63(6) of the Mahatma Gandhi University Act, 1985 (for short, ‘Act’) before the University Appellate Tribunal, wherein he prayed for an interim order to stay the order that relieved him from service. C.R.P (Uty.) No.1 of 2020 4 2. The petitioners filed preliminary objections raising the issue of maintainability, contending that an appeal can only be filed by a “teacher” aggrieved, coming within the meaning of Section 2(29) of the Act that defines a teacher to be a person imparting instructions and “whose appointment has been approved by the University.” It was the contention of the petitioners that since the appointment of the first respondent was never approved, he was not a “teacher” eligible to invoke Section 63(6) to approach the University Appellate Tribunal. 3. The University Appellate Tribunal, by the order impugned, rejected the preliminary objection raised by the petitioners and held that there was nothing to show that the first respondent was appointed under the Self Financing Scheme or that the Mahatma Gandhi University did not approve his appointment. The Tribunal, therefore, held that the question regarding the maintainability is a mixed question of fact and law to be considered only at the time of the final hearing of the case, and accordingly, the Tribunal proceeded to hold that it has jurisdiction to decide the matter in issue. The Tribunal also, prima facie, found that there was a violation of the procedure prescribed under the Mahatma Gandhi University Statute while conducting the disciplinary proceedings against the first C.R.P (Uty.) No.1 of 2020 5 respondent, and considering these aspects, the stay application of the first respondent was allowed in part by staying the operation of that part of the order relieving the first respondent from service, until further orders, making it clear that he was not entitled to reinstatement, which question was relegated to the final hearing stage. Challenging the above interim order of the Tribunal, this revision is filed. 4. We have heard Sri. Kurian George Kannanthanam, Learned Senior Counsel instructed by Sri. Tony George Kannanthanam and Sri.Surin George Iype, the learned Standing Counsel for the University. 5. Upon admission of this revision, the following order was passed: - “There will be a stay of operation of the impugned order for a period of four weeks. It shall be open for the University to consider the application on merits, and this order shall not operate as a stay of proceedings pending before the Tribunal.” 6. In normal circumstances, revision petitions that challenge preliminary orders passed by the University Tribunal ought not to have been entertained as the same will lead to avoidable C.R.P (Uty.) No.1 of 2020 6 procrastination of the main proceedings pending before the Tribunal. As indicated in the interim order itself, the revision petitioner ought to have been relegated to the Tribunal for the culmination of the proceedings before the said Forum with liberty to challenge the interim order that considered the question of jurisdiction, if required, along with the final order, if it is against the revision petitioner. This principle that applies to the proceedings before the Labour Courts under the Industrial Law must also apply on all fours to service jurisdiction as well when it comes to challenging the preliminary ordesr dealing with jurisdiction. [See the decisions in _**Cooper Engineering Limited v. P.P. Mundhe** (AIR 1975 SC 1900),_ _**D.P. Maheshwari v. Delhi Admn. and others** (1983 KHC 514),_ _**Amrita Institute of Medical Sciences v. Labour Court** (2017 (4) KLT 1040)_ and _**The Chelamattom Sree Krishna Swami Devaswom Trust v. State of Kerala and others** (2022 (4) KLT 90]._ 7. Going by the above principles, it has to be held that revisions challenging the preliminary orders deciding the question of jurisdiction should not be entertained as the revisional jurisdiction should not be allowed to be exploited by those who can well afford to wait to the detriment of those who can ill afford to wait, by dragging the latter from Court to Court for adjudication of peripheral issues, C.R.P (Uty.) No.1 of 2020 7 ## avoiding a decision on issues more vital to them. 8. In view of the above position, we are of the view, as indicated by this Court in the interim order extracted above, that it is only appropriate that the Tribunal considers the main appeal itself pending before it where the parties can raise their respective contentions. We do not intend to finally decide the issue of jurisdiction at this stage when the matter is pending before the University Appellate Tribunal. 9. Accordingly, we direct the University Appellate Tribunal, Thiruvananthapuram, to take up UA 6/2009 pending before it and to pass final orders in the appeal considering the rival contentions within an outer time limit of three months from the date of receipt of a certified copy of this order. Till orders are passed as directed above, the first respondent will not be reinstated in service. This C.R.P (University) is disposed of as above. Sd/- ## **A.K.JAYASANKARAN NAMBIAR, JUDGE** Sd/- ## **MOHAMMED NIAS C.P., JUDGE** okb C.R.P (Uty.) No.1 of 2020 8 ## **`APPENDIX OF CRP(UTY) 1/2020`** ``` PETITIONER ANNEXURES ``` |`ANNEXURE`|`1`|`TRUE COPY OF THE APPOINTMENT ORDER DATED`| |---|---|---| |||`5.1.2015 ISSUED BY THE 2ND PETITIONER.`| |`ANNEXURE`|`2`|`TRUE COPY OF THE MEMO OF CHARGES DATED`| |||`23.10.2018 ISSUED BY THE 2ND PETITIONER.`| |`ANNEXURE`|`3`|`TRUE COPY OF THE STATEMENT OF ALLEGATIONS`| |||`DATED 23.10.2018 ISSUED BY THE 2ND`| |||`PETITIONER.`| |`ANNEXURE`|`4`|`TRUE COPY OF THE ORDER DATED 23.10.2018`| |||`ISSUED BY THE 2ND PETITIONER.`| |`ANNEXURE`|`5`|`TRUE COPY OF THE REPLY DATED 3.12.2018`| |||`FROM THE 2ND PETITIONER TO THE 1ST`| |||`RESPONDENTS.`| |`ANNEXURE`|`6`|`TRUE COPY OF THE SHOW CAUSE NOTICE DATED`| |||`8.4.2019 FROM THE 2ND PETITIONER.`| |`ANNEXURE`|`7`|`TRUE COPY OF THE REPLY DATED 12.4.2019`| |||`FROM THE 1ST RESPONDENT TO THE 2ND`| |||`PETITIONER.`| |`ANNEXURE`|`8`|`TRUE COPY OF THE REPLY DATED 17.4.2019`| |||`FROM THE 1ST RESPONDENT TO THE 2ND`| |||`PETITIONER.`| |`ANNEXURE`|`9`|`TRUE COPY OF THE ORDER DATED 30.4.2019`| |||`FROM THE 2ND PETITIONER.`| |`ANNEXURE`|`10`|`TRUE COPY OF THE MEMORANDUM OF APPEAL`| |||`DATED 1.7.2019 FILED BEFORE THE MAHATMA`| |||`GANDHI UNIVERSITY APPELLATE TRIBUNAL.`| |`ANNEXURE`|`11`|`TRUE COPY OF THE OBJECTION DATED`| |||`13.11.2019 FILED BEFORE THE MAHATMA`| |||`GANDHI UNIVERSITY APPELLATE TRIBUNAL.`| |`ANNEXURE`|`12`|`TRUE COPY OF ADDITIONAL OBJECTION DATED`| |||`20.1.2020 FILED BY THE 1ST RESPONDENT.`|