MANI K V Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) This Writ Petition throws up a legal conundrum, to be solved by this Court. Whether a member of the General Council of the Kerala Agricultural University, elected by the Senate of the Calicut University, can continue to be the member of the General Council, notwithstanding the expiry of the term of the Senate, which elected him, is the point to be decided in this Writ Petition. The brief facts of the case, are the following:

(2.) The Senate of the Calicut University was reconstituted for a period of four years, on 2.11.1999. The petitioner was a member of the Senate. In that capacity, he was elected by the Senate, to the General Council of the Kerala Agricultural University, for a term of three years, on 18.6.2002. The term of the Calicut University Senate expired on 2.11.2003. While so, somebody brought to the notice of the Registrar of the Kerala Agricultural University that the petitioner has ceased to be a member of the Calicut University Senate and therefore, he has also ceased to be the member of the General Council of the Agricultural University. So, the Registrar addressed Ext. P1 letter dated 5.4.2004, to the Registrar of the Calicut University, seeking the following information:

(3.) The petitioner, relying on S.18(3) of the Calicut University Act, submits that though the term of the Senate expired, he will continue to be a member of the Senate, until a new Senate is constituted. By virtue of S.23A of the Calicut University Act, introduced as per the University Laws Amendment Act, 1994, the Syndicate of the Calicut University is exercising all the powers and performing all the functions of the Senate. Therefore, it is contended that he is still functioning as a member of the Senate. By virtue of S.18(3) of the Act, it is submitted, the petitioner is still continuing as a member of the Syndicate and is discharging the functions of the Syndicate and also those of a Senate member. In support of that submission, he places reliance on Exts.P8 and P9 minutes of the Syndicate of the Calicut University, held on 22.7.2004 and 20.3.2004, respectively.