JUDGMENT

(Dated this the 7^th day of September 2023)

The petitioner has approached this court under Article 226 of the Constitution of India for a writ of quo warranto against respondent Nos.4 to 9, who are nominated in the Board of Governors and Syndicate of the 3^rd respondent university, on the basis of APJ Abdul Kalam Technological University (Amendment) Ordinance, 2021 (Ordinance No.39/2021), which was published on 20.2.2021 in the Kerala Gazette. As per the said ordinance, Section 23 of the Principal Act was amended and clause Nos. (iii) and (viii) were inserted.

The Amendment reads as follows:

(iii). Under the heading “Nominated members” after item (vii), the following item shall be inserted, namely,

(viii). Six members from the field of science, industry and higher education nominated by the Government of whom one shall be a woman and one shall belonging to Scheduled Castes or Scheduled Tribes”.

2. On the basis of the said ordinance, respondent Nos. 4 to 9 were nominated as members of the Board of Governors and Syndicate of the 3^rd respondent university as per Ext.P2, G.O. (Rt) No.386/2021/HEDN dated 26.2.2021.

3. The members of the Board of Governors are holding public office as