CALICUT UNIVERSITY TEACHERS ASSOCIATION Vs. CHANCELLOR/THE GOVERNOR

JUDGEMENT

(1.) THIS writ petition is filed by the petitioners seeking to issue a writ of Quo Warranto directing the fifth respondent to show under what authority he is holding the post of Professor in Sanskrit in the University of Calicut and also the post of Registrar -in -charge and directing him to vacate the post forthwith. The first petitioner is the Calicut University Teachers' Association represented by its General Secretary and the second petitioner is the President of the Calicut University Teachers' Association.

(2.) HEARD the learned counsel for the petitioner Shri P.K.Ibrahim, learned Standing Counsel for the University Shri P.C.Sasidharan and Shri N.Sugathan appearing for the fifth respondent. The history of the dispute begins Indian Kanoon from the year 1987. The University issued a notification Ext.P1 dated 17/10/1987 inviting application for various posts including the post of Professor in Sanskrit. The fifth respondent was a member of the Syndicate at that point of time, he was also a Lecturer in the Department of Sanskrit of the University. He was an applicant to the post of Professor, apart from one Dr.B.Karunakaran. Shri B.Karunakaran was selected and recommended for appointment. W.P.(C). No.12787/2010 The matter came for consideration of the Syndicate on 19/08/1989 and, there were 2 resolutions, one for and the other against his appointment. The resolution moved by one Shri K.Damodaran to reject the recommendation of the Selection Committee on the reason that the expert members were not qualified was carried and the other resolution was defeated. This is evident from Ext.P2 minutes of the meeting. It is the allegation of the petitioner that the fifth respondent had also participated as a Member of the Syndicate and voted in favour of the motion and the resolution was also instigated by him.

(3.) EXTS .P6 and P7 were under challenge before this Court in O.P.No.24633/1998 at the instance of Shri B.Karunakaran. O.P.No.11229/1990 filed by the fifth respondent was dismissed as infructuous and Ext.P8 is the copy of the Judgment. O.P.No.24633/1998 filed by Shri Karunakaran was disposed of by Ext.P9 Judgment dated 24/11/2009 wherein this Court directed the Chancellor to pass appropriate orders after noticing that Shri B.Karunakaran would have attained superannuation sometime back. Accordingly, it was directed to consider whether he is entitled to notional benefits. The Chancellor as per Ext.P10 directed to grant him notional appointment as Professor of Sanskrit with effect from 19/08/1989 with admissible allowances and consequential pensionery benefits.