K.S.CHANDRASEKAR Vs. CHANCELLOR

JUDGEMENT

(1.) In these writ petitions, the challenge is against the order of the Chancellor withdrawing his nominated members from the Senate of the 4th respondent University.

(2.) Sec. 17 of the Kerala University Act, 1974 (hereinafter referred to as 'the Act') deals with the constitution of the Senate of the University. The Senate contains four categories of members viz. 'Ex-Officio Members', 'Elected Members', 'Life Members' and, 'Other Members'. W.P.(C) No.33701/2022 and W.P.(C) No.33677/2022 are by the members nominated by the Chancellor under Sec. 17 of the Act in the category of 'Other Members', and W.P.(C) No.33664/2022 is by the persons nominated by the Chancellor under Sec. 17 of the Act under the category, 'Ex-Officio Members'.

(3.) Sec. 18(1) provides that, the Senate shall be re-constituted every four years. In terms of Sec. 18(2) of the Act, the term of office of nominated members under the head 'Ex-Officio Members' is two years from the date of nomination. As per Sec. 18(3) of the Act, members other than 'Ex-Officio' and 'Life Members' are to hold office until the next re-constitution of the Senate. Sec. 18(3) of the Act has four provisos; the 4th proviso alone being relevant here, is extracted hereunder :- 'Provided also that the members in the Senate nominated by the Chancellor or the Government under the heading 'other members' shall hold their office during the pleasure of the Chancellor or the Government as the case may be.'