C.R.P. (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
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 Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Cooper Engineering Limited v. P.P. Mundhe | AIR 1975 SC 1900 | Positive | Cited 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 others | 1983 KHC 514 | Positive | Cited 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 Court | 2017 (4) KLT 1040 | Positive | Cited 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 others | 2022 (4) KLT 90 | Positive | Cited as supportive precedent reinforcing the Court’s approach to jurisdictional and procedural issues in revision petitions. |
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