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
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.
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.
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
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
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
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
