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2023 Supreme(Online)(Ker) 53311

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, J
DR.K.S.CHANDRASEKAR – Appellant
Versus
THE CHANCELLOR UNIVERSITY OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: N.RAGHURAJ, VIVEK MENON, SAYUJYA
For the Respondents: S.GOPAKUMARAN NAIR (SR.), SHRI.THOMAS ABRAHAM, S.C., SHRI.T.B.HOOD, SMT.M.U.VIJAYALAKSHMI, K.JAJU BABU (SR.), S.PRASANTH, GEORGE POONTHOTTAM (SR.)

Table of Content
1. challenge against chancellor's withdrawal of nominations. (Para 1 , 2 , 3 , 4 , 5)
2. arguments on the legality of the chancellor's actions. (Para 21 , 22 , 23)
3. analysis of the doctrine of pleasure and arbitrary withdrawal. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43)
4. limits of the doctrine of pleasure on nominations. (Para 44 , 45)
5. court's ultimate decision on the withdrawal of nominations. (Para 46 , 47)

JUDGMENT

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”, “Elected Members”, “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 t

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