Citation : 2021 Latest Caselaw 1667 Ker
Judgement Date : 15 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.905 OF 2017(S)
PETITIONER:
R.S.SASIKUMAR, AGED 69 YEARS
CONVENER, HIGHER EDUCATION PROTECTION COUNCIL,
KERALA, TC 10/1233, AISWARYA NAGAR,
THIRUVANANTHAPRUAM 695 015.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
RESPONDENTS:
1 STATE OF KERALA, REP. BY THE SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPRUAM 695 001.
2 THE REGISTRAR, KANNUR UNIVERSITY,
THAVAKKARA, CIVIL STATION PO, KANNUR 670 002.
3 SRI.M.PRAKASAN MASTER
PRANAVAM, AZHIKODE SOUTH PO, KANNUR 670 009.
4 ADV.P.SANTHOSH KUMAR
G.O.QUARTERS NO.1, PALLIKKUNNU,
KANNUR DISTRICT 670 010.
R1 BY SRI.K.V.SOHAN, STATE ATTORNEY
R1 BY ADV. SRI.K.V.SOHAN STATE ATTORNEY
R2 BY SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY
R3 BY ADV. SMT.DEEPTHI S.MENON
R3 BY ADV. SRI.K.GOPALAKRISHNA KURUP (SR.)
R3 BY ADV. SRI.K.SURESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.905 OF 2017 (S)
:: 2 ::
JUDGMENT
Dated this the 15th day of January 2021
S.MANIKUMAR, C.J.
Petitioner is the Convener of Higher Education Protection Council,
Kerala, a Society registered under the Travancore Cochin Charitable Societies
Registration Act. Writ petition is filed challenging the nomination of
respondents 3 and 4 to the Syndicate of the Kannur University under Section
23(e) of the Kannur University Act. Petitioner herein seeks to quash Ext.P1
notification issued by the Government.
2. Prayers sought for in this writ petition are as follows:
i. issue a writ of certiorari calling for the records leading to the nominations of respondents 3 and 4 to the Syndicate of the 2 nd respondent University under Section 23(e) of the Kannur University Act and quash the same;
ii. Issue a writ declaring that the respondents 3 and 4 does not qualify to be nominated to the Syndicate of the 2 nd respondent University under Sec.23(e) of the Kannur University Act as they are not experts in the field of higher education for being nominated;
iii. Issue a writ declaring that the nomination of respondents 3 and 4 to the Syndicate of the 2 nd respondent University under Sec.23(e) of the Kannur University Act is fraud on power and therefore bad in law;
3. Heard learned counsel for the parties and perused the materials
available on record.
WP(C).No.905 OF 2017 (S) :: 3 ::
4. Learned counsel for the petitioner submitted that as on today, the
matter has become infructuous.
Placing on record the above submission, this writ petition is dismissed as
infructuous.
sd/-
S.MANIKUMAR CHIEF JUSTICE
sd/-
SHAJI P. CHALY JUDGE jes WP(C).No.905 OF 2017 (S) :: 4 ::
APPENDIX
PETITIONER'S EXHIBITS:
P1 TRUE COPY OF THE NOTIFICATION NO. B2/730826/2016/H.EDN (4) DATED 23.7.2016 ISUED BY THE GOVERNMENT
P2 TRUE COPY OF THE REPRESENTATION DATED 2.9.2016 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION
P3 TRUE COPY OF THE BIO-DATA OF THE 3RD RESPONDENT
P4 TRUE COPY OF THE BIO-DATA OF THE 4TH RESPONDENT
// True Copy //
P.S. to Judge
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