VICE CHANCELLOR Vs. TRESA RADHAKRISHNAN

JUDGEMENT

(1.) The connected Writ Appeals are filed against common judgment of the learned Single Judge vacating the orders of nomination of Senate members by the Chancellor under the category reserved for Heads of Departments of the University as provided under Section 17 (13) of the Kerala University Act, 1974 (hereinafter called "the Act"). We have heard Senior counsel appearing for the Appellants and counsel appearing for some of the contesting parties, all of whom took notice on admission and argued the matter.

(2.) Writ Petition was filed by the Head of the Department of Aquatic Biology and Fisheries which is a Department under the University of Kerala, first Respondent in both the Writ Appeals, challenging appointment of seven Heads of Departments of the University as Senate Members by the Chancellor based on the recommendation of the Vice Chancellor. The learned Single Judge found that the selection by the Vice Chancellor was not in accordance with the statutory provision and all what the Chancellor did was to approve the list of candidates sent by the Vice Chancellor for selection. The Appellants' case is that the Vice Chancellor prepared the list of eligible Heads of Departments strictly in terms of the statutory provision and the Chancellor accepted the same. In order to consider the controversy, we have to necessarily refer to the relevant provision of the Act which is as follows:

(3.) The learned Single Judge while considering the W.P.(C) called for report from the Chancellor's office and the Chancellor fairly conceded that he did not make any nomination of his own, but made nominations by just following the list submitted by the Vice Chancellor. The Vice Chancellor's recommendation sent to the Chancellor vide his communication dated 11.5.2010 is produced in this Court along with Ext.R1(a) statement submitted on behalf of the Chancellor. It is seen that the Vice Chancellor has not forwarded the details of representations of Departments hitherto made in the Senate and he has in fact prepared a list of 12 persons stating that the same is prepared in the order of seniority by the Department and by rotation in terms of Section 17(13) of the Act. The learned Single Judge holding that the Chancellor has not exercised jurisdiction in accordance with the statute, set aside the same with direction to the Chancellor to reconsider the matter and issue fresh orders strictly based on the norms prescribed under the statute.