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2011 Supreme(Ker) 290

S.SIRI JAGAN
P. Muraleedharan – Appellant
Versus
State Of Kerala, Rep by Chief Secretary – Respondent


Advocates Appeared:For the Petitioner:T.A. Shaji, Manuel Vivera, Malu John, P.R. Banerji, Advocates. For the Respondents:R1 & R3 – Antony Mukkath, Advocate.

Judgment :

1. In consultation with the High Court of Kerala, the petitioner, who is a District Judge in the judicial service has been nominated and appointed as the University Appellate Tribunal constituted for Kerala, Mahathma Gandhi, Calicut, and Kannur Unisversities and the Cochin University of Science and Technology. He took charge pursuant to the said appointment on 26.5.2010. He would attain the age of retirement as a District Judge on 30.6.2011. The petitioner submits that in view of the provisions of the University Acts concerned, once nominated as a University Appellate Tribunal, he is entitled to continue for the tenure for which he is so appointed, namely 3 years, which would expire only on 26.5.2013, notwithstanding the fact that he would retire as a District Judge on 30.6.2011. Apprehending that he would be asked to lay down office on 30.6.2011, on attaining the age of retirement as a District Judge, he has filed this writ petition seeking the following reliefs:

"i. declare that the petitioner is entitled to continue as University Appellate Tribunal for the purpose of the Acts of the Kerala, Mahatma Gandhi, Calicut and Kanur Universites and for the CUSAT Act till the ex























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