The High Court of Kerala dismissed a writ petition challenging the nomination of two individuals to the Kannur University Syndicate under Section 23(e) of the Kannur University Act. The court allowed the petitioner's counsel's submission that the matter had become infructuous and dismissed the petition accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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.
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.
i. issue a writ of certiorari calling for the records leading to the nominations of respondents 3 and 4 to the Syndicate of the 2nd 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 2nd 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 2nd respondent University under Sec.23(e) of the Kannur University Act is fraud on power and therefore bad in law;
available on record.
WP(C).No.905 OF 2017 (S)
:: 3 ::
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:
// True Copy //
P.S. to Judge
2 issues framed by the court
Whether the writ petition is maintainable given that the subject matter has become infructuous
Relief granted when the court dismisses the petition as infructuous
1 provisions across 1 enactments
R.S.SASIKUMAR
STATE OF KERALA
THE REGISTRAR, KANNUR UNIVERSITY
SRI.M.PRAKASAN MASTER PRANAVAM
ADV.P.SANTHOSH KUMAR
S.MANIKUMAR
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
