UNIVERSITY OF KERALA Vs. SANKARAN NAMPOOTHIRY

JUDGEMENT

(1.) These Writ Appeals are directed against the common judgment dated 7th April 2004 in W.P. (C) No.35495 of 2003 and connected cases. The appeals are at the instance of the respondent University. The issue pertains to election to various statutory bodies envisaged under the Kerala University Act, 1974 and its First Statutes and Regulations. The question raised in W.P.(C) No.32854/2003 leading to Writ Appeal No. 989 of 2004 is whether the Principals of self financing affiliated colleges are entitled to participate in the election. The learned Single Judge, mainly on the ground of equal opportunity, held that the Principals and students of unaided affiliated colleges are entitled to participate in the election. Aggrieved, the University has filed the Writ Appeals.

(2.) We shall first deal with the case of the eligibility of the Principals. At the outset it has to be noted that there is no dispute that the managements of unaided/self financing colleges are entitled to participate in the election. The dispute is only with regard to the participation of the Principals and students of such colleges. The main contention of Sri. Chandramohan Das, learned counsel appearing for the appellant University is that such right is not provided under the statute and hence the Court is not justified in conferring such privilege, which is not contemplated under the statute. Thus it has become necessary for us to refer the statutory provisions. S.2 deals with the definitions. To the extent relevant they are quoted below:--

(3.) The composition of Senate of the University is provided under S.17. We are concerned with the elected members. S.17 to the extent relevant reads as follows:--