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MOHAMMED NIAS C. P.
Arunima Ashok, D/o. K. N. Ashok Kumar – Appellant
Versus
Chancellor, University Of Kerala, Palayam – Respondent
JUDGMENT :
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Writ Petitions, WP(C) Nos. 41785 and 41766 of 2023, challenge the nominations made by the Chancellor to the Senate of the Kerala University under Section 17 of the Kerala University Act, 1974 (hereinafter referred to as ‘The Act’ for short). The Senate comprises the following class of members:
2. Elected Members
3. Life Members
4. Other Members
2. Under the category ‘Other Members’ constituting the Senate, Sub Section (3) of Section 17, which is the issue in two Writ Petitions, reads as follows:
3. The 1st respondent Chancellor of the University is the authority vested with the power to nominate four students to the Senate. The 1st petitioner in WP(C). No.41785/2023 is presently undergoing M.A. Music in Government College for Women, Vazhuthacaud, Thiruvananthapuram, and the 2nd petitioner is undergoing the course for M.Sc. Statistics with specialization in Data
The court established that while the Chancellor has discretion in nominations, such discretion must be exercised within the bounds of statutory requirements, ensuring that all relevant factors, inclu....
“Arbitrary” and “capricious” in legal sense, as distinguished from opprobrious or popular meaning, are used in technical sense as meaning without rational basis.”
The exercise of the 'Doctrine of Pleasure' by the Chancellor must not be arbitrary or capricious; the court can intervene if such withdrawal lacks justification.
Point of Law : under the mandate of Section 10(1) of the 'Act', he/she shall be included in the Search- cum-Selection Committee, thus rendering it capable to function within the statutory scheme.
Point of law : Mere political exigencies or clamor for positions of power by the supporters of the ruling dispensation should not be a ground to disturb or revoke the appointment of qualified persons....
Writ appeals by non-parties lack locus standi; rejection of student nominations for elections did not follow due process as per election bye-laws.
First choice in Section 13(7) of “Act” is Vice Chancellor of any other University in Kerala; and admittedly, all such persons are fully qualified in terms of both experience and educational qualifica....
The court upheld the validity of the university's selection process, emphasizing statutory compliance, lack of demonstrated irregularities, and proper formation of the selection committee despite a v....
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