T V BALAN Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) Both the Original Petitions relate to election of a representative to the committee constituted to recommend the appointment of Vice-Chancellor to the Calicut University.

(2.) Constitutional set up: The Calicut University Act, 1975 (hereinafter referred to as the Act) provides for the reorganisation of the University of Calicut. Among the seven authorities of the University we are concerned with the Senate and the Syndicate constituted under Ss.17 and 21 of the Act. The Senate constitute of ex-officio, elected and other members totalling 118. The Syndicate consists of ex-officio and other members totalling 17. As per Section 19 the Senate is the supreme authority of the University and has the power to review the action of the Syndicate and the Academic Council and has retained all the residuary powers of the University. An elected member of the Senate has to be member of a three members committee for recommending the appointment of the Vice-Chancellor under S.10 of the Act. The Syndicate is the Chief Executive Body of the University.

(3.) Issue before the Court: As per S.10 it is the Senate that has to elect a member to the committee for recommending the appointment of the Vice-Chancellor. The Syndicate in its meeting held on 28-12-1995 nominated/elected Sri V.M. Manoharan, a Syndicate member to the committee constituted for selection of the Vice-Chancellor in terms of Section 10(1) of the Act. The Syndicate exercised this power of nomination by invoking S.23-A of the Act. The following questions arise for consideration: (1) Whether the Syndicate is entitled to elect/nominate a representative of the Syndicate to the committee? (2) Whether the Senate after its reconstitution on 28-8-1988 has lapsed after 28-8-1992 or is continuing till its reconstitution? (3) Whether the appointment of Sri V.M. Manoharan is proper?