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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI
K.S. Anilkumar S/o Karunakaran Nair – Appellant
Versus
University of Kerala – Respondent
| Table of Content |
|---|
| 1. petitioner's appointment and incident leading to suspension. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. challenges against the legality of the suspension orders. (Para 7 , 8 , 9) |
| 3. counterarguments regarding the authority and meetings. (Para 10 , 11 , 12 , 13) |
| 4. legal questions regarding the meetings and decisions. (Para 14 , 15) |
| 5. discussion on proper conduct of meetings and implications. (Para 16 , 17) |
| 6. conclusions regarding the suspension and authority of the syndicate. (Para 18 , 19 , 20 , 21) |
JUDGMENT :
T.R. RAVI, J.
1. The prayers in this writ petition are to quash Exts.P18, P20, P22 and P23 and to direct the 2nd respondent not to prevent the petitioner from discharging his duties as Registrar of the 1st respondent University. The petitioner has also sought for a declaration that Exts.P18, P20, P22 and P23 orders issued by the 2nd respondent are without any authority of law, arbitrary, unfair, unreasonable, discriminatory, violative of Article 14 of the Constitution of India, illegal, void and non est. The case of the petitioner is as follows;
2. The petitioner was appointed as Registrar of the University on 23.02.2021. The term of office was four years. Pursuant to order
The Vice Chancellor's authority to suspend a university Registrar is subject to the Syndicate's jurisdiction, and any meeting lacking proper convening procedures renders decisions invalid.
The Vice Chancellor has the authority to cancel meetings, and decisions made by unauthorized majorities do not hold validity under statutory provisions.
University cannot insist as to how the representatives are required to be elected by the petitioner who will be the members of the Syndicate as per Section 22(1)(f) of the Act, 1955. It is for the pe....
The Vice-Chancellor of a university has the authority to suspend and take disciplinary action against officers, including the Registrar, as per the Bihar State University Act, 1976.
A quasi-judicial authority forming part of a statutory body corporate cannot challenge the appellate order of the Chancellor, its head and superior authority, except in cases of patent illegality or ....
The Vice Chancellor can only constitute an Ad hoc Governing Body if no regular Governing Body exists, reaffirming the authority of the college's founders to form the permanent body.
Section 13 of University Act, 2000 clearly states that Registrar shall be a full time officer of University and shall be appointed by State Government.
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