THE PRINCIPAL, ELIJAH INSTITUTE OF MANAGEMENT STUDIES, KURICHIKKARA P.O., THRISSUR Vs. THE UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., THENHIPALAM, CALICUT

JUDGEMENT

(1.) These writ petitions concern a common issue and hence they are heard and decided together.

(2.) Petitioners in these writ petitions are Colleges or Principals of Colleges affiliated to University of Calicut. Substantially, the question involved is whether the University can interfere with the right of the management to conduct college election for the academic year 2016-2017 in the parliamentary mode (indirect mode) or any other form. As far as the Calicut University is concerned, petitioners challenge an instruction issued by the University of Calicut, Dean of Students' Welfare on 9/9/2016 by which the Principals of all affiliated Colleges were informed to conduct college union election 2016-2017 on 7/10/2016 in Presidential mode (Direct Mode) in all the Colleges excluding those Engineering colleges, the affiliation of which are transferred to the Kerala Technical University in accordance with the revised College Union Election rules. It was also mentioned that those colleges which had obtained favourable orders from the court to conduct college union election 2016-17 in Indirect Mode (Parliamentary mode), can conduct election as per the court order, provided, they attach a copy of the court order along with the results. Further instructions had been issued to take urgent steps for conduct of college union election 2016-17 in the College in terms of what is stated above and also other requirements of the report of Lyngdoh Committee/University's Election rules.

(3.) During the course of argument, learned standing counsel appearing for the University submitted that the letter issued on 9/9/2016 has been modified by another letter dated 22/9/2016 by which direction had been issued to reschedule the date of the college election to 20/10/2016. It was indicated that the election shall be conducted in Presidential mode (Direct mode) in all the Colleges affiliated to the University of Calicut. Other instructions had also been issued in the matter.