Kerala High Court
Dr. T. Muhammedali vs Dr. M. K. Jayaraj on 5 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 335 OF 2023
PETITIONER:
DR. T. MUHAMMEDALI, AGED 55 YEARS
S/O. T. MAMMY, ASSOCIATE PROFESSOR,
FAROOK COLLEGE, KOZHIKKODE,
FAROOK COLLEGE P.O.,
KOZHIKKODE DISTRICT., PIN - 673632
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
A.L.NAVANEETH KRISHNAN
SIDHARTH.R.WARIYAR
RESPONDENTS:
1 DR. M. K. JAYARAJ
VICE-CHANCELLOR, UNIVERSITY OF CALICUT
CALICUT UNIVERSITY P.O., THENJIPALAM,
MALAPPURAM DISTRICT, PIN - 673635
2 THE CHANCELLOR, UNIVERSITY OF CALICUT,
KERALA RAJ BHAVAN,
KERALA GOVERNOR'S CAMP P.O.,
THIRUVANANTHAPURAM., PIN - 695009
3 THE UNIVERSITY OF CALICUT
CALICUT UNIVERSITY P.O.,
THENJIPALAM, MALAPPURAM DISTRICT,
REPRESENTED BY ITS REGISTRAR., PIN - 673635
BY ADVS.
AMAL KASHA
SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
S.PRASANTH
T.B.HOOD(K/000253/1998)
M.ISHA(K/001052/1998)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.03.2024, ALONG WITH WP(C).703/2023, THE COURT ON 05.04.2024
DELIVERED THE FOLLOWING:
-2-
WP(C)Nos.335 & 703 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 703 OF 2023
PETITIONER:
PROF. DR. N. PRASANTHA KUMAR,
AGED 65 YEARS
S/O. LATE K. NARAYANAN,
SIVASAKTHI,
FRIENDS' VALLEY,
THRIKKAKARA POST,
KOCHI, PIN - 682021
BY ADVS.
NISHA GEORGE
A.L.NAVANEETH KRISHNAN
GEORGE POONTHOTTAM (SR.)
SIDHARTH.R.WARIYAR
RESPONDENTS:
1 DR. M. V. NARAYANAN
VICE-CHANCELLOR,
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
KALADY,
ERNAKULAM DISTRICT, PIN - 683574
2 THE CHANCELLOR
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
KERALA RAJ BHAVAN,
KERALA GOVERNOR'S CAMP P.O.,
THIRUVANANTHAPURAM, PIN - 695009
3 SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
KALADY, ERNAKULAM DISTRICT,
-3-
WP(C)Nos.335 & 703 of 2023
REPRESENTED BY ITS REGISTRAR, PIN - 683574
BY ADVS.
R1 BY SRI.M.P.SREEKRISHNAN
SRI.S.PRASANTH,SC
SRI.P.SREEKUMAR (SR)
SRI.DINESH MATHEW J MURIKAN, SC
A.MUHAMMED MUSTHAFA(K/859-A/2015)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.03.2024, ALONG WITH WP(C).335/2023, THE COURT ON
05.04.2024 DELIVERED THE FOLLOWING:
-4-
WP(C)Nos.335 & 703 of 2023
MOHAMMED NIAS C.P., J
............................................................
WP(C)Nos.335 & 703 of 2023
.............................................................
Dated this the 5th day of April, 2024
JUDGMENT
WP(C) No.703/2023 is filed challenging the appointment of the first respondent Dr. M.V. Narayanan as Vice Chancellor of Sree Sankaracharya University of Sanskrit.
2. W(C)No.335/2023 is filed challenging the appointment of the first respondent Dr.M.K.Jayaraj as the Vice Chancellor of the University of Calicut.
3. Both these writ petitions are filed seeking a writ of quo warranto on the ground that their appointments were made in violation of the requirements of the law, in particular, the UGC Regulations 2018 as interpreted by the judgments of the Supreme Court of India. These writ petitions were preferred at a time when the Chancellor had issued -5- WP(C)Nos.335 & 703 of 2023 notices asking them to show cause as to why their appointments should not be declared as void ab initio being in violation of the UGC Regulations 2018. The Chancellor had not taken a decision and they were continuing on the strength of the interim orders passed by this Court.
4. In response to the prayers in the writ of quo warranto, the respondents had taken up the contentions including the maintainability of the petition and also reasons to sustain their appointments. It was further urged that the writ petitions must be taken as a species of Public Interest Litigation and therefore an affidavit in terms of 146 A of the High Court Rules must be complied with and the writ petition filed without the same must be dismissed.
5. Thereafter, by the judgment in the writ petitions filed by the Vice Chancellors as WP(C)Nos.35005 of 2022 and connected cases, this Court vide judgment dated 25.2.2024 had directed the Chancellor to hear the parties and take a decision on the question of the legality of their appointments and continuance as Vice Chancellors. Pursuant to the said direction, orders were passed on 7.3.2024 by the Chancellor holding that the appointments of the Vice Chancellors were void ab initio and directed them to vacate the office forthwith. -6- WP(C)Nos.335 & 703 of 2023
6. Challenging the said decision of the Chancellor, the Vice Chancellor of the Calicut University Dr M.K.Jayaraj filed WP(C)No.10520/2024 while the Vice Chancellor of the Sree Sankaracharya University of Sanskrit Dr M.V.Narayanan filed WP(C)No.10667/2024. Operation of the order of the Chancellor was stayed in WP(C)No.10520/2024, thus enabling Dr.M.K.Jayaraj ( first respondent in WP(C)No. 335/2023) to continue. The order of the Chancellor removing Dr. M.V. Narayanan (first respondent in WP(C)No.703/2023) as Vice Chancellor of the Sree Sankaracharya University of Sanskrit was not stayed. Because of the above developments, respondent No.1 in WP(C)No.703/2023 is no longer the Vice Chancellor, leaving nothing to be considered in WP(C)No.703/2023.
7. As regards the question as to whether the writ petition is maintainable, the same is no longer res integra [See in this Connection the judgment of the Hon'ble Supreme Court in Rajesh Awasthi v. Nand Lal Jaiswal [(2013) 1 SCC 501]. Any appointment to a public office made even in contravention of the statutory regulations can be considered in a writ of quo warranto. The locus in such cases or the aspect of delay and laches also has to be liberally construed. -7- WP(C)Nos.335 & 703 of 2023
8. Though the writ petition seeking quo warranto is maintainable, in the wake of the order passed by the Chancellor as stated above and the orders in the writ petitions filed by the respondents in these cases, a writ of quo warranto need not be considered in the facts of the case. The question as to whether it must be treated as Public Interest Litigation or whether the requirement of the applicability of 146A of the High Court Rules is not being decided as it has become academic. The contentions raised by the parties in that regard are left open.
In view of the above, both these writ petitions are closed.
MOHAMMED NIAS C.P. JUDGE dlk/27.3.2024 -8- WP(C)Nos.335 & 703 of 2023 APPENDIX OF WP(C) 703/2023 PETITIONER'S EXHIBITS EXHIBIT-P1 COPY OF THE SHOW CAUSE NOTICE BEARING NO.
GS6-1225/2022 DATED 24.10.2022 ISSUED TO THE 1ST RESPONDENT.
EXHIBIT-P2 COPY OF THE NOTIFICATION NO.GS6-1286/2021 DATED 02.09.2021 ISSUED FROM THE GOVERNORS SECRETARIAT APPOINTING THE SEARCH COMMITTEE EXHIBIT-P3 THE NOTE FILE OF THE OFFICE OF THE CHANCELLOR IN THIS REGARD DATED 09.11.2021.
EXHIBIT-P4 COPY OF THE SAID PROCEEDINGS BEARING NOTIFICATION NO.GS6-1286/2021(1) DATED 05.11.2021 ISSUED FROM THE GOVERNORS SECRETARIAT.
EXHIBIT-P5 COPY OF THE PROCEEDINGS OF THE SEARCH COMMITTEE DATED 06.12.2021 .
EXHIBIT-P6 COPY OF THE NOTIFICATION NO.GS5-1286/2021(3) DATED 07.03.2022 ISSUED FROM THE GOVERNORS SECRETARIAT .
EXHIBIT-P7 COPY OF THE BIO-DATA GIVEN BY THE 1ST RESPONDENT TO THE SEARCH COMMITTEE DATED 09.11.2021.
EXHIBIT-P8 COPY OF THE ORDER IN REVIEW PETITION (C) NOS.
1442-1443 OF 2022 IN C.A. NOS. 7634-7635/2022 DATED 07.12.2022 ISSUED BY THE HON'BLE SUPREME COURT OF INDIA.
RESPONDENTS EXHIBITS EXHIBIT R1(A) A TRUE COPY OF THE JUDGMENT, DATED 11.10.2011 IN WP(C) 32373 OF 2010 -9- WP(C)Nos.335 & 703 of 2023 EXHIBIT R1(B) A TRUE COPY OF THE JUDGMENT, DATED 29.11.2011 IN WA NO. 1626 OF 2011 EXHIBIT R1(C) A TRUE COPY OF THE NOTIFICATION, DATED 02.09.2021 ISSUED BY THE GOVERNOR'S SECRETARIAT KERALA RAJ BHAVAN EXHIBIT R1(D) A TRUE COPY OF THE NOTIFICATION DATED 05.11.2021 ISSUED BY THE GOVERNOR'S SECRETARIAT KERALA RAJ BHAVAN EXHIBIT R1(E) A TRUE COPY OF THE NOTIFICATION, DATED 09.09.2021, ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT EXHIBIT R1(F) A TRUE COPY OF THE MINUTES OF THE MEETINGS OF THE SEARCH CUM-SELECTION COMMITTEE, DATED 06.12.2021 EXHIBIT R1(G) A TRUE COPY OF THE NOTIFICATION, DATED 03.07.2022 OF APPOINTMENT OF THIS RESPONDENT EXHIBIT R1(H) A TRUE COPY OF THE APPLICATION FORM SUBMITTED BY THIS RESPONDENT PURSUANT TO EXHIBIT P2 NOTIFICATION EXHIBIT R1(I) A TRUE COPY OF THE ORDER SANCTIONING LEAVE TO THE PETITIONER, DATED 02.05.2018 EXHIBIT R1(J) A TRUE COPY OF THE TERMS AND CONDITIONS OF FELLOWSHIP OF THE INDIAN INSTITUTE OF ADVANCE STUDY EXHIBIT R1(K) A TRUE COPY OF THE COMMON JUDGMENT, DATED 24.10.2022 IN WP(C) 33823/22 -10- WP(C)Nos.335 & 703 of 2023 APPENDIX OF WP(C) 335/2023 PETITIONER'S EXHIBITS EXHIBIT-P1 TRUE COPY OF THE SHOW CAUSE NOTICE NO.
GS6-1225/2022 DATED 24.10.2022 ISSUED TO THE 1ST RESPONDENT .
EXHIBIT-P2 TRUE COPY OF THE NOTIFICATION NO. GS3- 1120/2019 DATED 16TH JULY 2019 ISSUED FROM THE GOVERNOR'S SECRETARIAT.
EXHIBIT-P3 TRUE COPY OF THE RECOMMENDATION/NOTE MADE BY THE SEARCH COMMITTEE TO THE CHANCELLOR, BEARING NO. B2/100/2019/H.EDN DATED 19TH MAY 2020 ISSUED BY THE CHIEF SECRETARY, WITH ENCLOSURES.
EXHIBIT-P4 TRUE COPY OF THE ORDER/NOTIFICATION NO.
GS3-1120/2019(5) DATED 11TH JULY 2020 ISSUED FROM THE GOVERNOR'S SECRETARIAT. RESPONDENTS EXHIBITS EXHIBIT. R1(A) TRUE COPY OF THE NOTIFICATION DATED 03.02.2020 ISSUED BY THE PRINCIPAL SECRETARTY TO THE CHANCELLOR