MUHAMMED MUHSIN Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) Both the writ appeals arise out of a common judgment of the Single Judge through which the respective writ petitions were dismissed. Petitioners in the respective writ petitions are the appellants herein and the respondents are the respondents in the writ petitions.

(2.) Challenge in both the writ petitions are against the amendments brought to the Constitution of the University Union of the 1st respondent University, with effect from 03-12-2019, especially against Article VI (B) introduced therein. A consequential proceedings issued by the Dean of the Students' Welfare of the University, dated 05-12-2019, publishing the schedule of elections to the University Union is also under challenge in both the writ petitions.

(3.) Exhibit P2 in both these cases is the Constitution of the University Union, which stood in force till the amendment was effected on 03-12-2019. It is the Constitution approved by the Syndicate of the University, through its resolution adopted as early as on 24-05-1980. Article IV of the said Constitution provides about the membership in the University Union. It provides that, all 'College Unions' in the institutions affiliated to the University of Calicut and the 'University Departments' Union' are eligible for membership in the Calicut University Union. Article VI of Ext.P2 deals with the 'General Council' of the University Union. It provides that, the General Council shall include (i) the University Union Councillors of the College Unions of affiliated colleges and (ii) the University Union Councillors of the University Departments' Union. It is provided that the General Council will hold office for one year or till the election date of next election for the College Union. Article VII in Ext.P2 stipulates that, the Office Bearers of the University Union include, Patron, Vice-Patron, Chairman, Vice-Chairman (two), Secretary, General Secretary, honarary Treasurer and Executive Committee. The Vice-Chancellor of the University is the ex-officio Patron of the University Union. The Vice-Patron shall be a person nominated by the Patron. Article VII (C) provides that the Chairman and all other Office Bearers (except the ex-officio members) shall be elected from and by the General Council of the University Union, which include the University Union Councillors of the College Unions of affiliated colleges and the University Union Councillors of the University Departments' Union. Article X of Ext.P2 Constitution provides that, any amendment to the Constitution can be made by the Syndicate of the University.