Remanded

The University of Calicut v. Dr. Jagannathan.P.K

Kerala HC5 Jul 2018WA/1312/2018

Case brief

AI extract

What is this about?

This writ appeal was dismissed without disposing the main appeal on merits. The High Court interfered with the impugned interim order and remanded the matter to the Single Judge to reconsider eligibility norms for unaided college principals to be included in the Senate electoral roll after hearing both sides. A note was taken regarding the postponed election date.

What did the court decide?

The interim order was quashed and the matter remanded to the Single Judge for fresh consideration after hearing both sides.

The University of Calicut Vs Dr. Jagannathan.P.K — Education and Admissions | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE ACTING CHIEF JUSTICE MR.HRISHIKESH ROY &

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940

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WA.No. 1312 of 2018 IN WPC. 13978/2018

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AGAINST THE ORDER/JUDGMENT IN WP(C).NO.13978/2018 of HIGH COURT OF KERALA DATED 27-04-2018

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APPELLANT(S)/RESPONDENTS 1 TO 3:

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1 THE UNIVERSITY OF CALICUT CALICUT UNIVERSITY P.O, MALAPPURAM, KERALA-676 635, REPRESENTED BY THE REGISTRAR.

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2 THE VICE CHANCELLOR

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UNIVERSITY OF CALICUT,

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CALICUT UNIVERSITY P.O,

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MALAPPURAM, KERALA-676 635.

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3 THE RETURNING OFFICER/ REGISTRAR

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UNIVERSITY OF CALICUT,

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CALICUT UNIVERSITY P.O., THENJIPALAM,

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MALAPPURAM DISTRICT-673 635.

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BY ADV.SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY

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RESPONDENT(S)/PETITIONER:

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DR. JAGANNATHAN.P.K GENERAL SECRETARY, PRINCIPALS COUNCIL OF UNAIDED COLLEGES, CALICUT UNIVERSITY AND PRINCIPAL, SNDP YSS COLLEGE, CHERUKARA.P.O, PERINTHALMANNA, MALAPPURAM DISTRICT.679 340

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R BY ADV. SRI.GEORGE POONTHOTTAM(NO MEMO) R BY SRI. GEORGE POONTHOTTAM(B/O)

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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HRISHIKESH ROY, AG.C.J. & A.K. JAYASANKARAN NAMBIAR, J.

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W.A.NO.1312 OF 2018

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Dated this the 5^th day of July, 2018

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J U D G M E N T

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Hrishikesh Roy, Ag.C.J.

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The University of Calicut is before us against the interim order dated 27.4.2018 in the W.P.(C).No.13978 of 2018. Under this order, the learned Single Judge directed the Returning Officer/Registrar of the Calicut University to include the name of the petitioner and of all the Principals of unaided Colleges affiliated under it, in the Electoral Roll, for electing the representatives of the Principals, from the constituency of Principals, to the Senate of the University of Calicut, under Section 17(1) of the Calicut University Act.

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As can be seen from the prayers in the writ petition, the main prayer made therein was allowed, under the interim order challenged before us.

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Sri. P.C. Sasidharan, the learned Standing counsel for the Calicut University has raised various contentions before us on the eligibility of the Principals, in whose favour the interim order was issued, and in our considered view, these contentions be best considered by the learned Single Judge. However there was no opportunity for the court to consider whether the concerned

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W.A.No.1312/2018

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Principals of the unaided Colleges satisfied the eligibility norms prescribed by the Ext.P5, issued by the University or whether those qualifications have any material bearing, for being included in the Electoral Roll.

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In the above circumstances, we interfere with the impugned interim order, and remand the case back to the writ court, for fresh consideration, after hearing the rival contentions of both sides. In this context, we also take note of the submission of the learned Standing counsel for the Calicut University that the Election to the Senate of the University of Calicut, from constituency of Principals, has been postponed, and hence, we request the learned Single Judge to bear in mind the postponed date, while re-considering the matter. It is ordered accordingly.

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With the above order, the Writ Appeal is disposed of.

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Sd/-

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HRISHIKESH ROY ACTING CHIEF JUSTICE

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

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JUDGE

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prp/5/7/18

The University of Calicut v. Dr. Jagannathan.P.K

Case brief

What is this about?

What did the court decide?

The University of Calicut v. Dr. Jagannathan.P.K

Case brief

What is this about?

What did the court decide?

What the court decided

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