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2023 Supreme(Ker) 444

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
State Of Kerala Represented By The Additional Secretary To The Government Higher Education Department – Appellant
Versus
Chancellor, APJ Abdul Kalam Technological University – Respondent


Advocates Appeared:
For the Appellant : Shri. V. Manu.
For the Respondents: S. Gopakumaran Nair, Elvin Peter P.J., George Poonthottam, Sri. S. Krishnamoorthy, Nisha George.

JUDGMENT :

(A. Muhamed Mustaque, J.)

1. This appeal is filed by the State Government.

2. The matter relates to an appointment to the post of Vice-Chancellor in terms of Section 13(7) of the A.P.J. Abdul Kalam Technological University Act, 2015 (for short, “the Act”). The incumbent Vice-Chancellor, viz., Dr.Rajasree M.S., consequent upon the upholding of a challenge by the apex court, vacated the office on 21.10.2022. Section 13(7) of the Act permits the appointment of a Vice-Chancellor for a period not exceeding six months in the aggregate till the regular Vice-Chancellor assumes office. The Chancellor, APJ Abdul Kalam Technological University (for short, “the University”), who is the Governor of the State, appointed Prof. (Dr.) Ciza Thomas (3rd respondent) without there being a recommendation of the State Government as contemplated under Section 13(7) of the Act. Challenging her appointment as above for the interregnum, the State Government has come up before this Court with the writ petition for the reliefs of quo warranto, writ of certiorari, mandamus etc. The learned Single Judge, who heard the matter, refused to issue quo warranto. Other reliefs sought by the State Government we

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