ADDITIONAL CHIEF SECRETARY Vs. SASIKUMAR

JUDGEMENT

(1.) State Government is the appellant in this appeal. Respondent No. 1 is the contesting private respondent. Respondent No. 2 is a formal party.

(2.) The State Government has informed the private respondent that his term as a member of the Syndicate of the 2nd respondent-Cochin University of Science and Technology, Cochin has expired and therefore, he has to vacate his seat as a member of the Syndicate of the University. However, the private contesting respondent is of the view that he can continue to sit and occupy the Chair as a member of the Syndicate. The tussle between the State Government and the first respondent has reached the High Court in the form of a Writ Petition filed by the private respondent. Learned Single Judge has allowed the Writ Petition and thereby has permitted the private respondent to continue to occupy his Chair as a member of the Syndicate of the second respondent University. The result of the Writ Petition has brought the State Government before this Court by filing the Writ Appeal.

(3.) The private respondent was a member of the Senate of the 2nd respondent University. He was nominated as such by the State Government in exercise of its powers under S.19(iv) of the Cochin University of Science and Technology Act, 1986 (hereinafter for the sake of brevity referred to as 'Act'). The said nomination was done by the University by issuing a notification dated 7-5-2003. The term of his office as a member of the Senate commenced from 31-3- 2003 and expired only on 13-2-2007.