ABI CHEERAN Vs. CHANCELLOR KERALA AGRL UNIVERSITY TRIVANDRUM

JUDGEMENT

(1.) Authorities, under S.9 of the Kerala Agricultural University Act (Act, for short), include the General Council and Executive Committee. General Council consists of (i) ex officio members, (ii) elected members, (iii) members nominated by Chancellor, and (iv) other members. Elected members are from nine district constituencies. One of them is four members elected by the teachers other than Deans of faculties from among themselves. Among members nominated by Chancellor, one category is two agricultural scientists. Petitioner is one such member nominated to the general council as an agricultural scientist. But he is also a teacher. Respondents 3 and 4 are also teachers, but they became members of general council not by nomination like petitioner, but by election by teachers from among themselves. Executive committee, which is the chief executive body (equivalent to syndicate), consists of ex officio members and other members. Other members in the executive committee include, "one member elected from among the teachers-in the general council, by the council".

(2.) Crucial question for decision, in this case, is whether "one member elected from among the teachers in the general council, by the council" to the executive committee could take in only a member, elected to the general council by teachers from among themselves or it could also take in a nominated member, if he is also a teacher satisfying the requirements of S.14.

(3.) When election to the executive committee came, petitioner and respondents 3 and 4 submitted nominations from among the teachers in the general council. Respondents 3 and 4 objected to the nomination of petitioner, on the ground that he is not qualified for the reason that, though a teacher, he is not an elected representative of the teachers in the general council, but only a person nominated by Chancellor as an Agricultural Scientist. Returning Officer (second respondent) overruled that objection saying that no such qualification or condition is involved and petitioner is also a teacher and a member of the general council and thus entitled to be elected.