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1995 Supreme(Ker) 263

Judges : K.SREEDHARAN
Thanga Dorai - Appellant
Versus
Chancellor, Kerala University - Respondent
Case No : O.P.Nos. 8334,10799 etc. of 1995
Decided On : 09/28/1995
Advocates Appeared :
M.K. Damodaran, K.P. Satishan P. Gopalakrishnan Nair For Petitioners Advocate General (S. Narayanan Potti), T.R. Govinda Worrier (Sr. Advocate), T.K. Kelu Nambiar (Sr: Advocate), M.N. Sukumaran Nair (Sr. Advocate). S. Gopalakrishnan Nair, N. Ramachandran, V.I. Seemanthini, N. Nandakumara Menon, C.S. Rajan A P. Santhalingam For Respondents

The main legal point established in the judgment is the adherence to the seniority and rotation criteria for the nomination of members to the Senate, as well as the constitutional mandate for English translations of legislative documents.

Headnote:

Senate - Constitution of Senate of the Kerala University - Kerala University Act, S.17 - The nomination of Heads of Departments and Deans challenged on grounds of seniority and rotation - Nomination of members representing a recognised research institution and a student with outstanding ability in Science also challenged - Court upheld the nomination of Heads of Departments and Deans, but quashed the nomination of the 4th respondent representing the research institution and the nomination of the 4th respondent as a student with outstanding ability in Science - Court dismissed some original petitions and allowed others

Fact of the Case:

The case involves the constitution of the Senate of the Kerala University, challenging the nomination of Heads of Departments, Deans, members representing a recognised research institution, and a student with outstanding ability in Science.

Finding of the Court:

The court upheld the nomination of Heads of Departments and Deans, but quashed the nomination of the 4th respondent representing the research institution and the nomination of the 4th respondent as a student with outstanding ability in Science. Some original petitions were dismissed, and others were allowed.

Issues: The issues revolved around the nomination of members to the Senate, challenging the seniority and rotation criteria, and the recognition of a research institution and outstanding student in Science.

Ratio Decidendi: The court held that the nomination of Heads of Departments and Deans was in accordance with the seniority and rotation criteria, but the nomination of the 4th respondent representing the research institution and the nomination of the 4th respondent as a student with outstanding ability in Science were quashed. The court also emphasized the need for English translations of legislative documents as per constitutional mandate.

Final Decision: Some original petitions were dismissed, and others were allowed. The court directed the parties to bear their respective costs and sent a copy of the judgment to the Chief Secretary and Secretary, Kerala Legislative Assembly for follow-up action.

Judgment :-

The issues raised in these Original Petitions relate to The constitution of" Senate of the Kerala University which is The electoral college for election to The Syndicate of the University. Therefore, I consider it advantageous to have these original petitions disposed of by a common judgment.

2. The Senate of the Kerala University shall consist of Ex-Officio members, members to he nominated by the Chancellor, elected members, life members and other members as provided in S.17 of the Kerala University Act. Among The Ex-Officio members, seven heads of University Departments who are not otherwise members of the Senate arc to be-nominated by the Chancellor in the order of seniority by rotation. Similarly from among The Deal is of the various Faculties of the University, tour who are not otherwise members of the Senate are to be nominated by The Chancellor in the order of seniority by rotation. Nomination of the Heads of the Departments and four Deans of The. Faculties are under challenge in O.I,X3 34/95. Petitioner in O.P.X334/95 is a Reader in the Department of Communication and Journalism. He claims to be the Head of that Department. It is his case that not only his department but also himself is senior enough to be nominated to the Senate as Head of The Department of Communication and journalism, 11 is his. further case that while nominating The seven Heads of Departments, the Chancellor has violated The mandate contained in the Act, namely, seniority and rotation. Petitioner urges that seniority of The Heads of Departments should be on The basis of the seniority of the Departments i.e. The departments which were established at the earliest point of lime must be considered to be senior to those which came into existence on a later date. So also The rotation made mention of in the Act should be among. The departments which can claim seniority over the other. Alternatively it was urged that in case the seniority of The departments as staled above is not followed, the seniority of the individual depending on The length of service put in should be the criteria for deciding The seniority for nomination to The Senate. Learned Advocate General appearing in the case submitted that seniority of the individual has not been The criteria so far adopted for nominating the seven Heads of Departments as per the Act. In view of his submission, if can safely be taken that the basis for nominating the Heads of Departments should be The seniority of the departments with reference to The date of its establishment.

3. By Notification dated 19-5-1995, Chancellor nominated seven Heads of Departments to The Senate of The University as per S.17 Ex- Officio Members -(13) of the Kerala University Act, 197-1. Among The seven, the first three are Heads of Departments which came into existence in 1991. Persons nominated as items 4 to 6 in that Notification arc Heads of Departments which came into existence in February, 1995. The 7th member nominated is the Head of The Department which was one of the earliest departments established. According to the petitioner, Heads of Departments mentioned as items 4 to 6 in the said Notification arc not senior enough to be nominated to the Senate, Those Heads of Departments should have wailed for some years for gelling nominated to The Senate a;; was The case of three Heads of Departments ranked I to 3. In this view of The mallet, it is The petitioner's case that the nomination of Heads 'of Departments ranked 4 to 6 in the said Notification is illegal,

4. According to learned counsel representing the petitioner in O.P.8334/95, Kerala University established nearly 44 departments under it. Out of them, three departments came into existence only in February, 1995. The other departments came into existence in 1991 and earlier. Departments which were in existence were represented in the Senate by giving nomination to their Heads. Those departments got

representation in the Senate by completing one cycle. While shirti
























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