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2022 Supreme(Online)(KER) 3873

HIGH COURT OF KERALA
Mr. S. Manikumar, CJ, Mr. Shaji P. Chaly, J
Dr. Premachandran Keezhoth – Appellant
Versus
The Chancellor Kannur University – Respondent


Advocates:
For the Appellants/Petitioners: George Poonthottam (SR.), Nisha George
For the Respondents: Kurian George Kannanthanam (SR.), V. Manu, I.V. Pramod, Ranjith Thampan, C.E. Unnikrishnan, K. Gopalakrishna Kurup, Antony Mukkath, T.B. Hood, S. Kannan

Table of Content
1. re-appointment criteria varies from initial appointment. (Para 2 , 5 , 10)
2. no assumption of continual eligibility without scrutiny. (Para 11 , 14 , 30)
3. legal interpretation favors re-appointment authority. (Para 19 , 21 , 25 , 27)

JUDGMENT

SHAJI P. CHALY, J.

This appeal is preferred by the petitioners in W.P.(C) No. 26975 of 2021 challenging the judgment of the learned Single dated 15.12.2021 dismissing the writ petition by declining the following reliefs:

1. Issue a writ of certiorari calling for the records leading to Ext. P5 and quash the same.

2. Issue a writ in the nature of quo warranto calling upon the 4th respondent to explain under what authority the 4th respondent is holding the office as the Vice Chancellor of the 3rd respondent University in violation of the statutory mandate;

2. The question to be decided in this case arises under Section 10 of the Kannur University Act, 1996 ('Act, 1996' for short) dealing with the appointment of the Vice Chancellor, and the consequential re- appointment. In the case on hand, as per Ext. P5 order, the 4th respondent is re-appointed to the post of Vice Chancellor.

3. The learned single Judge found that the re-appointm

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