ANDREW K A Vs. VICE CHANCELLOR

JUDGEMENT

(1.) Writ Petition is filed challenging Ext.P9 issued by the Registrar of Kerala University rejecting the nomination submitted by the Petitioner for election to the Syndicate of the University for the reason that Petitioner having been a member of the Syndicate for two terms in succession is not eligible to become member of the Syndicate for another term by virtue of the fourth proviso to Section 22 of the Kerala University Act, 1974, hereinafter called the "Act". We have heard counsel appearing for the Petitioner and senior counsel Sri. K. Gopalakrishna Kurup, appearing for the University.

(2.) Petitioner is Principal of a self-financed College affiliated to the Kerala University. He got first elected to the Senate of the University and therefrom representing Principals' constituency, he got elected as member of the Syndicate for two terms commencing from 2000-04 and from 2006-2010. Admittedly a person who has been a member of the Syndicate for two terms in succession is not eligible to contest election for the third succeeding term. This prescription is provided under the fourth proviso to Section 22(1) of the Act.

(3.) In order to consider rival contentions, we have to refer to relevant provision of the Act, which is as follows: