ARATHY R NAIR Vs. CENTRAL UNIVERSITY OF KERALA

JUDGEMENT

(1.) This writ appeal is filed under Sec. 5(i) of the Kerala High Act, 1958 by the petitioner in W.P.(C)No.45808 of 2024. The writ petition was filed under Article 226 of the Constitution of India by the appellant seeking a writ of certiorari to quash Ext.P6 order dtd. 12/12/2024, issued by the 2nd respondent Registrar of the Central University of Kerala with the approval of the 3rd respondent Vice Chancellor-in-Charge, appointing the 4th respondent as the Head of the University Health Centre and relieving the appellant from the in charge-ship of the Head of the University Health Centre. The appellant also sought for a writ of mandamus commanding respondents 1 to 3 to retain her, being the senior most Medical Officer, as the functional Head of the University. As per the impugned judgment dtd. 31/1/2025, the learned Single Judge dismissed the writ petition. Being aggrieved the appellant preferred the above appeal.

(2.) According to the appellant, she is the senior most Medical Officer of Aravalli Health Centre, Central University of Kerala, and the functional Head of the Centre. She was all of a sudden relieved by the 2nd respondent Registrar with the approval of the 3rd respondent Vice Chancellor-in-Charge and appointed the 4th respondent who is a non-medical person, at her place. It is alleged in the writ petition that the 4th respondent has no medical degree or clinical experience and he was appointed only because he was in the good books of the 3rd respondent. In none of the Universities or Government departments a non-medical person could be appointed as the Head. The norm that is followed till date is that the senior most in the Department or Sec. or Centre in a non-teaching wing will be its administrative Head. In the case of appointment of the 4th respondent nepotism overweighed the legal principles and public policies.

(3.) The respondents 1, 2 and 5 filed a counter affidavit in the writ petition producing therewith Exts.R1(a) to R1 (g) documents. Paragraphs 2 to 5 of that counter affidavit read thus: