Kerala High Court
Dr. T. Muhammedali vs Dr. M. K. Jayaraj on 28 May, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WA NO. 525 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 05.04.2024 IN WP(C) NO.335 OF 2023 OF
HIGH COURT OF KERALA
APPELLANT(S)/PETITIONER:
DR. T. MUHAMMEDALI
AGED 56 YEARS, S/O. T. MAMMY, ASSOCIATE PROFESSOR,
FAROOK COLLEGE, KOZHIKKODE, FAROOK COLLEGE P.O.,
KOZHIKKODE DISTRICT., PIN - 673632
BY ADVS.
NISHA GEORGE
A.L.NAVANEETH KRISHNAN
GEORGE POONTHOTTAM (SR.)
SIDHARTH.R.WARIYAR
RESPONDENT(S)/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.
S.PRASANTH
S.GOPAKUMARAN NAIR (SR.)(K/258/1973)
P.SREEKUMAR (SR.)(K/410/1994)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.05.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 525 OF 2024
2
JUDGMENT
Amit Rawal, J.
1. The present writ appeal is directed against the
judgment of the Single Bench dated 05.04.2024 rendered in
W.P.(C)No.335/2023 wherein following reliefs claimed has been
rejected on the ground of maintainability:
"I. Issue a writ of quo warranto as against the 1 st
respondent holding that the appointment of the 1st
respondent as the vice Chancellor of the Calicut
University is in derogation of the requirements of law
and therefore the 1st respondent has no right to
continue in office any further.
ii. Issue a writ setting aside Exhibit-P4, since actions
preceding the same such as Exhibit-P2 and P3 are not
in consonance with the requirements of law;
iii. Dispense with filing of the translation of vernacular
documents;
iv. Grant such other reliefs as this Court deems fit in the
fats and circumstances of the case."
2. We had opportunity to deal with an appeal filed
against the interim order passed in another writ petition ie.,
W.P.(C) No.10520/2024, while disposing off the matter the
following order has been passed on 01.04.2024:
Present writ appeal is directed against the interim
order of the learned Single Bench dated 21.3.2024 arising
out of the writ petition No.10520 of 2024 whereby the
WA NO. 525 OF 2024
impugned order Ext.P5 passed by the Chancellor for recalling
of the appointment of the writ petitioner/party respondent as
Vice Chancellor of the University of Calicut during the
pendency of the writ petition on certain points has been
stayed.
2. Learned counsel for the appellant submitted that
while adjudicating on interim, learned Single Bench has also
given an opinion on merits regarding one of the members of
the selection committee to be a person of eminence whereas
the Chief Secretary cannot be a person of eminence in
higher education which would have far reaching
consequences at the time of the final adjudication of the writ
petition.
3. On the other hand, learned counsel for the UGC
submits that UGC Regulations of 2018 has to be strictly
applied for the purpose of appointment of the Vice
Chancellor and the Chancellor had reconsidered the matter
in view of the judgment Ext.P4 and after affording an
opportunity of hearing to the writ petitioner, recalled the
order of appointment.
4. We have heard the learned counsel for the parties
and appraised the paper book. Prima facie, we are of the
view that since the matter is subjudiced before the Single
Bench, it would not be appropriate for us to adjudicate on
the merits and demerits of the matter.
At this point of time, we sought the information from
the counsel representing the parties about the next date of
hearing of the writ petition. We have been informed that the
matter would be taken up after summer vacation. Learned
counsel representing the parties submits that they would
move an application for early hearing/preponement. We
accept the prayer and observe that as and when such
application is moved, are sanguine of the fact that the
WA NO. 525 OF 2024
learned Single Bench will endevour to decide the same at an
early date. It is made clear that any observations made in
the interim order of Single Bench shall not be construed to
an expression of an opinion on the merits in the pending
matter.
Writ appeal stands disposed of."
3. Another ground for rejecting of prayers in the writ
petition was that there was an interim order in the other matter
with regard to the removal of Vice Chancellor ie., the order of
the Chancellor has been under stay. In view of that matter, the
best remedy for the petitioner was to get the writ petition
attached with the pending writ petition. Having not done so and
obtained an order, we are of the view that petitioner has an
independent remedy to espouse the grievance in the pending
matter in accordance with law.
With the aforementioned observations, writ appeal stands
disposed off.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
nak
WA NO. 525 OF 2024
PETITIONER ANNEXURES
Annexure-I A COPY OF THE JUDGMENT DATED 16.08.2023
IN W.P(C).NO. 335 OF 2023 PASSED BY
THIS HON'BLE COURT.
Annexure-II A COPY OF THE JUDGMENT DATED 05.10.2023
IN W.A.NO. 1735 OF 2023 AND CONNECTED
CASE PASSED BY THIS HON'BLE COURT
Annexure-III A TRUE COPY OF THE COMMON JUDGMENT
DATED 25.01.2024 PASSED BY THE LEARNED
SINGLE JUDGE IN W.P(C) 35005 OF 2022
Annexure-IV A COPY OF THE ORDER DATED 07.03.2024
BEARING FILE NO. GS6-1225/2022 ISSUED
BY THE HON'BLE CHANCELLOR, UNIVERSITY
OF CALICUT AS AGAINST THE 1ST
RESPONDENT, ALONG WITH ITS TYPED COPY
Annexure-V TRUE COPY OF THE INTERIM ORDER DATED
21.03.2024 IN W.P(C)NO. 10520/2024
PASSED BY THIS HON'BLE COURT
