Kerala High Court

Dr. Sivaprasad vs State Of Kerala on 21 August, 2025

Author: Anil K. Narendran

Bench: Anil K. Narendran

                                              2025:KER:63310
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN

                              &

        THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.

THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947

                     WA NO. 2051 OF 2025

 AGAINST THE ORDER DATED 19.08.2025 IN W.P.(C) NO.29777 OF

                2025 OF HIGH COURT OF KERALA

APPELLANT/PETITIONER:

          DR. SIVAPRASAD, AGED 59 YEARS
          S/O. LATE P.R. RAVI VARMA, VICE-CHANCELLOR,
          THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
          CET CAMPUS, THIRUVANANTHAPURAM,
          RESIDING AT CHINTAMANI GRIHAM, THRIKKAKARA TEMPLE
          ROAD, HARITHA NAGAR, HOUSE NO. 45,
          COCHIN UNIVERSITY P.O.,
          ERNAKULAM DISTRICT,PIN - 682022

          BY ADVS.
          SMT.NISHA GEORGE
          SRI.GEORGE POONTHOTTAM (SR.)
          SMT.KAVYA VARMA M. M.
          SRI.A.L.NAVANEETH KRISHNAN


RESPONDENTS/RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     SECRETARY TO GOVERNMENT
          DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
 W.A.No.2051 of 2025             2
                                                2025:KER:63310

      3      SECRETARY TO GOVERNMENT
             DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

      4      THE DIRECTOR OF TECHNICAL EDUCATION
             DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASAM
             ROAD, FORT, NALUMUKKU, PAZHAVANANGADI,
             THIRUVANANTHAPURAM, PIN - 695023

      5      ADDL. R5 THE APJ ABDUL KALAM TECHNOLOGICAL
             UNIVERSITY,
             CET CAMPUS, THIRUVANANTHAPURAM-695016,
             REPRESENTED BY ITS REGISTRAR

      6      ADDL. R6. CHANCELLOR,
             APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
             KERALA RAJ BHAVAN, THIRUVANANTHAPURAM-
             695099.[**ADDL. R5 AND R6 ARE IMPLEADED AS PER
             ORDER DATED 19.08.2025 IN IA 1 OF 25 IN W.P.(C)
             29777 OF 2025]

      7      ADDL. R7 PRAVEEN R., AGED 56 YEARS, S/O. P.K.
             RAMAKRISHNAPANICKER, DEPUTY REGISTRAR (RETIRED),
             THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET
             CAMPUS, THIRUVANANTHAPURAM, RESIDING AT NANMA,
             NEERAZHI LANE, PAPANAMCODE P.O.,
             THIRUVANANTHAPURAM -695018.

      8      ADDL. R8. SUMESH M.G., AGED 47 YEARS,
             S/O. P. GOPINATH, DEPUTY REGISTRAR THE APJ ABDUL
             KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
             THIRUVANANTHAPURAM, RESIDING AT A1, MCR - 47, TC
             9/1177, MANGALAM LANE, SASTHAMANGALAM,
             THIRUVANANTHAPURAM -695010.


OTHER PRESENT:

             SRI. MANOJ KUMAR N., STATE ATTORNEY;
             SRI. P. SREEKUMAR, SR. COUNSEL FOR KERALA
             UNIVERSITY, SRI. K.R. GANESH, SC, APJ ABDUL KALAM
             UNIVERSITY

     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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                                                          2025:KER:63310


                               JUDGMENT

Anil K. Narendran, J.

The petitioner in W.P.(C)No.29777 of 2025 has filed this writ

appeal, invoking the provisions under Section 5(i) of the Kerala

High Court Act, 1958, challenging the interim order dated

19.08.2025 of the learned Single Judge in that writ petition,

whereby the interim relief sought for was declined, for the reasons

stated therein.

2. The petitioner, who is the Vice Chancellor of APJ Abdul

Kalam Technological University, has filed W.P.(C)No.29777 of

2025, invoking the extraordinary jurisdiction of this Court under

Article 226 of the Constitution of India, seeking the following

reliefs;

"i. Issue a writ of mandamus directing the respondent Nos. 2,

3 and 4 to attend the 66th Syndicate meeting of the APJ Abdul Kalam Technological University, scheduled to be held on 13th August, 2025, as per Exhibit P13;

ii. Issue a writ declaring that the repeated disbursal of the Syndicate meetings by the respondent Nos. 2, 3 and 4 are intentional and arbitrary, forgetting their duty and obligation as public servants;

iii. Issue a writ declaring that the repeated abstinence of respondent Nos. 2, 3 and 4 from attending the Syndicate meeting of the APJ Abdul Kalam Technological University has caused administrative stalemate in the APJ Abdul Kalam

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Technological University;" (underline supplied)

3. The interim relief sought for in W.P.(C)No.29777 of

2025 reads thus;

"For the reasons stated in the writ petition it is most respectfully prayed that this Honourable Court may be pleased to direct respondent Nos. 2, 3 and 4 to attend the 66th Syndicate meeting of the APJ Abdul Kalam Technological University, scheduled to be held on 13th August, 2025, as per Exhibit P13, pending disposal of the writ petition."

(underline supplied)

4. On 12.08.2025 when the writ petition came up for

consideration, the learned Single Judge admitted the matter on

file. The learned Special Government Pleader took notice for the

respondents, i.e., respondents 1 to 4. The learned Single Judge

directed the petitioner to file an application to implead the APJ

Abdul Kalam Technological University as an additional respondent

and the respondents were directed to file their counter affidavit, if

any, and listed the matter to 19.08.2025.

5. On 19.08.2025, by the order in I.A.No.2 of 2025, the

learned Single Judge impleaded APJ Abdul Kalam Technological

University, represented by its Registrar, the Chancellor of the said

University and two others as additional respondents 5 to 8. By the

impugned order dated 19.08.2025, the learned Single Judge

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declined the interim relief sought for in the writ petition.

"4. The learned Senior Counsel for the petitioner submits that, the employees and the pensioners of the 5th respondent- University are being put to severe financial hardship because salaries/pension are not being paid because the Syndicate meetings of the University is not been held due to the wilfull absence of the respondents 2 to 4 in the meetings. Hence, the respondents 2 to 4 may be directed to attend the 66th Syndicate meeting of the University.

5. The learned State Attorney vehemently opposes the above submission. He contends that the writ petition itself has become infructuous, because the date of the proposed Syndicate meeting was on 13.08.2025, which is over. Moreover, the Honourable Supreme Court, by its order dated 18.08.2025 in S.L.P.(C)Nos.20680-20681 of 2025, has appointed a Former Judge of the Supreme Court as Chairperson of the Search-cum-Selection Committee to select the Vice-Chancellor of the 5th respondent-University. Therefore, the petitioner has no locus standi to prosecute the writ petition. The dispute is sub-judice before the Honourable Supreme Court. The State Attorney seeks a week's time to file a counter-affidavit and also to produce the orders passed by the Honourable Supreme Court.

On a consideration of the facts and the materials on record, particularly, that the interim relief sought for in the writ petition is identical to the main relief, that the date of the proposed meeting is over and the Honourable Supreme Court appointing a Former Judge of the Supreme Court as Chairperson of the Search-cum-Selection Committee to appoint the Vice Chancellor of the University, I am not satisfied that the petitioner has fulfilled the trinity parameters entitling

2025:KER:63310

him to an interim relief. Hence, the petitioner's prayer for an interim relief is declined."

6. Heard the learned Senior Counsel for the appellant-

petitioner, the learned State Attorney for respondents 1 to 4, the

learned Standing Counsel for APJ Abdul Kalam Technological

University for the 5th respondent, the learned Senior Counsel for

the 6th respondent Chancellor of APJ Abdul Kalam Technological

University and also the learned counsel for respondents 7 and 8.

7. The issue that requires consideration in this writ appeal

is as to whether any interference is warranted in the impugned

order dated 19.08.2025 of the learned Single Judge in

W.P.(C)No.29777 of 2025.

8. During the course of arguments, the learned Senior

Counsel for the appellant-petitioner would point out the stalemate

existing in the administration of the University on account of the

issues pointed out in the writ petition. On the other hand, the

learned State Attorney would point out the order of the Apex Court

dated 18.08.2025 in SLP(C)Nos.20680-81 of 2025 arising out of

the judgment of this Court dated 14.07.2025 in W.A.Nos.1160 of

2025 and 1165 of 2025, which was one rendered by a Division

Bench, in which one among us [Anil K. Narendran, J.] was a party.

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9. In the last paragraph of the aforesaid judgment dated

14.07.2025 in W.A.Nos.1160 and 1165 of 2025, the Division Bech

expressed its concern on the stalemate existing in the

administration of APJ Abdul Kalam Technological University and

Kerala University of Digital Sciences, Innovation and Technology.

The last paragraph of that judgment, which is extracted in the

of 2025 and also in the previous order dated 30.07.2025, read

thus;

"Considering the stalemate existing in the administration of the Technological University and the Digital University, which is continuing for a considerably long period, and which had an adverse impact on the functioning of the said Universities and the interest of the student community, we are of the view that the Chancellor as well as the State Government will have to act proactively, to ensure that regular appointment to the post of Vice-Chancellor in the said Universities are made, without any further delay."

10. As already noticed hereinbefore, the interim relief

sought for in the writ petition was one with specific reference to

the 66th Syndicate Meeting of APJ Abdul Kalam Technological

University, scheduled to be held on 13.08.2025, as per Ext.P13 e-

mail communication dated 07.08.2025 issued by the Registrar of

the said University. On 19.08.2025, when the learned Single Judge

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considered that interim relief, after the impleadment of the

University, its Chancellor and two others as additional respondents

5 to 8, the interim relief sought for in the writ petition has become

infructuous. After considering the rival contentions and taking

note of the order dated 18.08.2025 of the Apex Court in