K. C. Sebastian vs. The State Of Kerala Higher Education Department Principal Secretary

ITEM NO.26 COURT NO.3 SECTION XI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 18962-18965/2017

(Arising out of impugned final judgment and order dated 16-12-2016 in RP No. 1031/2016 06-10-2016 in WA No. 1469/2016 16-12-2016 in WA No. 1469/2016 06-10-2016 in WPC No. 22749/2014 passed by the High Court Of Kerala At Ernakulam)

K.C. SEBASTIAN Petitioner(s)

VERSUS

THE STATE OF KERALA & ORS. Respondent(s)

Date : 06-05-2022 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA

• For Petitioner(s) Mr. G. Prakash, Adv. Mr. Jishnu M. L., AOR Mrs. Priyanka Prakash, Adv. Mrs. Beena Prakash, Adv. Mr. M. S. Harikrishnan, Adv.
• For Respondent(s) Mr. Nishe Rajen Shonker, AOR Mr. Abraham Mathews, Adv. Ms. Anu K. Joy, Adv. Mr. Alim Anvar, Adv.

UPON hearing the counsel the Court made the following O R D E R

Learned counsel for the petitioner submits that during the pendency of these special leave petitions, the High Court has decided the issue raised in the present proceedings as articulated in paragraph 4 of the impugned judgment, in favour of the

petitioner whilst disposing of Writ Petition (C)No. 26717/2013 decided on 05.07.2021.

The petitioner has also relied on the other earlier decisions of the High Court in support of his submission. As those decisions have not been adverted in the impugned judgment, we permit the petitioner to avail of remedy of review petition before the High Court. That be filed within three weeks from today.

All contentions available to both sides in the said proceedings are left open.

In the event, the decision in the review petition is adverse to the petitioner, it will be open to the petitioner to challenge the same as well as the impugned judgment afresh by way of special leave petition.

The special leave petitions are disposed of accordingly.

Pending applications, if any, stand disposed of.

(NEETU KHAJURIA) COURT MASTER

(VIDYA NEGI) COURT MASTER

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