(1.) We are tempted to preface our judgment with the aforesaid observations of Lord Watson in Soloman (supra), as we need to keep in mind the principle of law as explained therein for the purpose of interpretation of Sec. 10(9) and Sec. 10(10) respectively of the Kannur University Act, 1996 (for short, "the Act 1996"). In other words, the object or the intention behind enacting the two provisions referred to above.
(2.) This appeal is at the instance of two unsuccessful original writ petitioners before the High Court. The appellant No. 1 herein in his capacity as the elected member of the Senate of Kannur University and the appellant No. 2 herein in his capacity as the member of the Academic Council of the said University together questioned the legality and validity of reappointment of the respondent No. 4 herein, namely, Dr. Gopinath Ravindran as the Vice-Chancellor of the Kannur University by filing Writ Petition (C) No. 26975 of 2021 in the High Court of Kerala, primarily on the ground that the respondent No. 4 was not eligible for reappointment as the Vice-Chancellor of the Kannur University. The writ application referred to above came to be rejected by the learned Single Judge of the High Court vide the judgment and order dtd. 15/12/2021. The judgment rendered by the learned Single Judge of the High Court was challenged before a Division Bench of the High Court by filing the Writ Appeal No. 1698 of 2021. The challenge in the appeal also failed. The Division bench dismissed the appeal vide the judgment and order dtd. 23/2/2022 thereby affirming the judgment and order passed by the learned Single Judge declining to issue a writ of Quo Warranto.
(3.) The facts are jejune. The respondent No. 4 herein was appointed as the Vice-Chancellor of the Kannur University vide the Notification dtd. 24/11/2017 duly issued by the Chancellor of the Kannur University. The tenure of the respondent No. 4 as the Vice-Chancellor was for a period of four years. As the tenure of the respondent No. 4 as the Vice-Chancellor of the University was coming to an end, the Chancellor initiated steps for selection and appointment of a new Vice-Chancellor in the said University. The first step in the said process was the issue of a Notification dtd. 27/10/2021 constituting a Selection Committee of three members. The Notification dtd. 27/10/2021 reads thus:
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