SADASIVAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) These two Original Petitions cover large areas of common ground, though marginally different on facts, and seek reliefs, which also are, to certain extent, common. Hence, it is convenient to dispose of both these Original Petitions by a common Judgment.

(2.) Facts

(3.) By Ordinance No. 7 of 2000, brought into effect from 3rd June 2000, S.17 was amended and the words and they shall not be eligible for re - nomination were deleted from the main body of sub-s. (2) of S.17. The direct consequence of this deletion was that the members nominated under items (vii), (viii), (ix) and (x) in sub-s. (1) of S.17 were not debarred from being re - nominated. We are not concerned with the rest of the amendments carried out by Ordinance No. 7 of 2000. Ordinance No. 7 of 2000 was repealed and replaced by Ordinance No. 9 of 2000 with effect from 27th July 2000; this Ordinance in turn was repealed and replaced by Ordinance No. 6 of 2001 with effect from 28th January 2001, which too came to be repealed and replaced by Ordinance No. 27 of 2001 with effect from 31st March, 2001. Ordinance No. 27 of 2001 lapsed with effect from 21st June, 2001 because it was not placed before the State Legislative Assembly within six weeks as required by clause ((2) of Art.213 of the Constitution of India. In the meanwhile, on 16th February, 2000, the State Government in exercise of its powers under S.17(1)(x) and 17(2) of the Act as amended by Ordinance No. 7 of 2000, nominated one Dr. K.C. Joseph, M.L.A. (third respondent) to the Syndicate of the University. As a follow up of this nomination, the University issued notification, No. GA EL 4/86, dated 17th June 2000 notifying such nomination of the third respondent by order, dated 16th June 2000 and declared that the term of office of the said member would be four years from the date of his nomination, ie., from 16th June 2000 to 15th June 2004 subject to the provisions of the Act and the Statutes thereunder.