Dr.N.V.P.Unithiri vs State Of Kerala
2021 Latest Caselaw 17509 Ker

W.P.(C).No.12268 of 2018              1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                      &
             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
  THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                           WP(C) NO. 12268 OF 2018
PETITIONER:

             DR.N.V.P.UNITHIRI
             AGED 73 YEARS, S/O.GOVINDAN NAMBOOTHIRI,
             ANADAMADOM, THENHIPALAM P.O., MALAPPURAM-673636.
             BY ADVS.
             SRI.T.B.HOOD
             SMT.M.ISHA


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
             SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2       SECRETARY TO GOVERNMENT
             HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF
             KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001.
     3       DIRECTOR OF COLLEGIATE EDUCATION
             VIKAS BHAVAN, VIKAS BHAVAN P.O.,
             THIRUVANANTHAPURAM-695033.
     4       SEARCH COMMITTEE FOR SELECTION OF VICE CHANCELLOR
             OF THE UNIVERSITY OF CALICUT
             REPRESENTED BY ITS CONVENER, CHIEF SECRETARY TO
             GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-
             695001.
     5       CHANCELLOR, UNIVERSITY OF CALICUT
             RAJ BHAVAN, THIRUVANANTHAPURAM-695099.
     6       UNIVERSITY OF CALICUT
             REPRESENTED BY ITS REGISTRAR, THENHIPALAM P.O.,
             MALAPPURAM-673636.
 W.P.(C). No.12268 of 2018          :2:


     7       DR.MOHAMMED BASHEER K.
             VICE CHANCELLOR, UNIVERSITY OF CALICUT, RESIDING
             AT HENAN MANZIL, PUTHURPALLIKKAL, MALAPPURAM-
             673636.
     8       ADDL.R8. THE SECRETARY
             SOLIDARITY OF UNIVERSITY EMPLOYEES', UNIVERSITY
             OF CALICUT, CALICUT UNIVERSITY P.O., THENJIPALAM,
             MALAPPURAM DISTRICT. (ADDL.R8 IMPLEADED AS PER
             ORDER DATED 19.08.2018 IN IA 14286/18.)
             BY ADVS.
             SRI.N.MANOJ KUMAR, STATE ATTORNEY FOR R1 TO R4
             R4M.U.VIJAYALAKSHMI, STATE ATTORNEY FOR R5
             SRI.P.C.SASIDHARAN, STANDING COUNSEL FOR R6
             SRI.GEORGE POONTHOTTAM (SR.) FOR R8
             SMT.APARNA RAJAN FOR R7



      THIS     WRIT    PETITION   (CIVIL)   HAVING    COME    UP    FOR
ADMISSION     ON    26.08.2021,   THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING
 W.P.(C). No.12268 of 2018                 :3:




                                   JUDGMENT

Dated this the 26th day of August, 2021

S. MANIKUMAR,CJ.

Instant Public Interest writ petition is filed by the petitioner

seeking the following reliefs:

1) Issue a writ of quo warranto directing the 7 th respondent to show cause under what authority he is continuing in the office of the Vice Chancellor of University of Calicut as his appointment was against the provisions in Ext.P1 UGC Regulations, 2010 and he does not possess the qualification prescribed in the said Regulations.

2) Declare that the selection and appointment of 7 th respondent as the Vice Chancellor of the University of Calicut was illegal and against the provisions in Ext.P1 UGC Regulations, 2010.

3. Declare that the 7th respondent is ineligible to hold the post of the Vice Chancellor of the University of Calicut.

4. Calling for the records relating to Ext.P2 minutes of the Search Committee and the consequent appointment and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction.

2. Today when the matter is taken up, learned counsel for petitioner

submitted that, the writ petition has become infructuous.

Placing on record the above submission, instant writ petition is

dismissed as infructuous.

Sd/-

S. MANIKUMAR,

CHIEF JUSTICE.

Sd/-

                                                   SHAJI P. CHALY,
smv                                                   JUDGE.