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2023 Supreme(Ker) 317

SATHISH NINAN
K. S. CHANDRASEKAR – Appellant
Versus
CHANCELLOR, UNIVERSITY OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: N. RAGHURAJ, VIVEK MENON, SAYUJYA.
For the Respondents: S. GOPAKUMARAN NAIR, THOMAS ABRAHAM, S. PRASANTH, K. JAJU BABU, M.U. VIJAYALAKSHMI, T.B. HOOD.

JUDGMENT :

SATHISH NINAN, J.

1. In these writ petitions, the challenge is against the order of the Chancellor withdrawing his nominated members from the Senate of the 4th respondent University.

2. Section 17 of the Kerala University Act, 1974 (hereinafter referred to as “the Act”) deals with the constitution of the Senate of the University. The Senate contains four categories of members viz. “Ex-Officio Members” or “Elected Members” and “Life Members” and “Other Members.” W.P. (C) No. 33701/2022 and W.P. (C) No. 33677/2022 are by the members nominated by the Chancellor under Section 17 of the Act in the category of “Other Members” and W.P. (C) No. 33664/2022 is by the persons nominated by the Chancellor under Section 17 of the Act under the category, “Ex-Officio Members.”

3. Section 18(1) provides that, the Senate shall be re-constituted every four years. In terms of Section 18(2) of the Act, the term of office of nominated members under the head “Ex-Officio Members” is two years from the date of nomination. As per Section 18(3) of the Act, members other than “Ex-Officio” and “Life Members” are to hold office until the next re-constitution of the Senate. Section 18(3) of the Act has fo

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