TRESA RADHAKRISHAN Vs. CHANCELLOR UNIVERSITY OF KERALA

JUDGEMENT

(1.) The notification issued by the Chancellor nominating seven heads of University Departments to the Senate of the University as evident from Ext.P-2 is under challenge. It is alleged that the same is issued in violation of Sub-Section 13 of Section 17 of the Kerala University Act, 1974 (for short 'the Act').

(2.) The Petitioner is the Professor and Head of the Department of Aquatic Biology and Fisheries of the University. The University is governed by the Kerala University Act, 1974. The Department of Aquatic Biology and Fisheries is one of the oldest teaching cum research department of the Kerala University which was started in the year 1938 and formerly it was the Department of Marine Biology and Oceanography and in the year 1972 it was renamed as Department of Aquatic Biology and Fisheries.

(3.) It is the contention of the Petitioner that under Section 17(13) of the Act, seven Heads of Departments of the University who are not otherwise members of the senate, have to be nominated in the order of seniority by the Chancellor by rotation. The seniority of the departments are being taken into consideration and it will have to be done by rotation. The University Act is of the year 1974 and the first nomination was made thereafter. The term of the nominated members is two years. At the commencement of the Act there were only 21 departments and it has since been increased to 41. According to the Petitioner, in terms of the seniority the heads of departments of the following departments were entitled to be nominated, viz. Education, Geology, Linguistics, Aquatic Biology and Fisheries, Psychology, Computer Science and Bio-Chemistry. Lastly they were nominated prior to 20 - 25 years and the department of the Petitioner got nomination way back in 1986.