KAMARUDDIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard Mr. Radhakrishnan for the appellant, Mr. M. K. Damodaran, Advocate General for the first respondent, Mr. G. Janardhana Kurup, Standing Counsel for the second respondent and Mr. John K. George for respondents 3 and 4.

(2.) The appellant petitioner is the Working President of the Cochin University Employees Union. The appellant aggrieved by the continuation of two ruling party MLAs in the Syndicate of the University even after the expiry of the period fixed for them under S.45(2) of the Cochin University of Science and Technology Act, 1986 (for short 'CUSAT Act') filed the Original Petition to declare that Exts. P3 and P4 orders issued by the Cochin University of Science and Technology and the Government Orders mentioned in Exts. P3 and P4 in accordance with which Exts. P3 and P4 are issued subject to S.45 of the CUSAT Act and to declare that Exts. P3 and P4 are non est from 7.6.1999 onwards and to declare that respondents 3 and 4 - Members of the Legislative Assembly - have no authority whatsoever to continue as members of the Syndicate of the University after 7.6.1999 and for a mandamus directing the Government to make fresh notifications to the Syndicate under S.17(1)(x) of the CUSAT Act and for other consequential reliefs.

(3.) Along with the Writ Petition, Exts. P1 to P4 were filed. Under Ext. P1, Thiruvanjiyoor Radhakrishnan, M.L.A. and M. J. Zachariya Sait, M.L.A., two of the Members of the Legislative Assembly, were nominated to the Syndicate of the University under S.17(1)(x) of the CUSAT Act. The nomination was made on 7.6.1995 and with reference to the notification No. GA & EL 4/86 dated 7.6.1995 of the Registrar of the University. Ext. P2 is the notification, which reads thus:-