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2022 Supreme(Ker) 105

S.MANIKUMAR, SHAJI P.CHALY
Premachandran Keezhoth, S/o. Kannan – Appellant
Versus
Chancellor, Kannur University – Respondent


Advocates Appeared:
For the Appellant : George Poonthottam (Sr.), Nisha George.
For the Respondents:Sri. Kurian George Kannanthanam (Sr.), Shri. V. Manu, Senior G.P., Sri. I.V. Pramod, Standing Counsel (B/o), Sri. Ranjith Thampan (Sr.), Shri. C.E. Unnikrishnan Spl. G.P. to A.G., Shri. T.B. Hood, Spl. G.P. to A.G., Shri. S. Kannan, Senior G.P., Shri. Antony Mukkath, Senior G.P., A. Abdul Kharim, Tony George Kannanthanam, B. Vinod, V.M. Krishnakumar, Sri. K. Gopalakrishna Kurup, Advocate General.

JUDGMENT :

Shaji P. Chaly, J.

This appeal is preferred by the petitioners in W.P.(C) No. 26975 of 2021 challenging the judgment of the learned Single dated 15.12.2021 dismissing the writ petition by declining the following reliefs :

    1. Issue a writ of certiorari calling for the records leading to Ext. P5 and quash the same.

2. Issue a writ in the nature of quo warranto calling upon the 4th respondent to explain under what authority the 4th respondent is holding the office as the Vice Chancellor of the 3rd respondent University in violation of the statutory mandate;

2. The question to be decided in this case arises under Section 10 of the Kannur University Act, 1996 ('Act, 1996' for short) dealing with the appointment of the Vice Chancellor, and the consequential reappointment. In the case on hand, as per Ext. P5 order, the 4th respondent is re-appointed to the post of Vice Chancellor.

3. The learned single Judge found that the re-appointment of the existing Vice Chancellor namely Dr. Gopinath Ravindran, is in accordance with the provisions of the Act, 1996 and therefore, there is no requirement for issuing any writ of quo warranto. Before we proceed to discuss the rival factual and legal

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