IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WA.No. 1238 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22454/2011 Dated 18/08/2011 .................... APPELLANT(S): PETITIONER ------------------------ G.RAJEEV, ASSOCIATE PROFESSOR, DEPARTMENT OF CHEMISTRY, UNIVERSITY COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SMT.SMITHA GEORGE SRI.K.G.RAJEESH RESPONDENT(S): / RESPONDENTS --------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 2. THE KERALA UNIVERSITY REPRESENTED BY THE REGISTRAR, KERALA UNIVERSITY, KARYAVATTOM, THIRUVANANTHAPURAM-6 95 581. 3. THE SPECIAL SECRETARY (LAW), LAW (LEGISLATION-G) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. MR.BENNY GERVACIS, GOVERNMENT PLEADER MR.RAJAGOPALAN NAIR, SC FOR KERALA UNIVERSITY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.A. No.1238 of 2011 .................................................................... Dated this the 19th day of August, 2011. J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the interim order issued by the learned Single Judge in WP(C) No.22454/2011 declining to grant interim relief prayed for by the appellant, who is the petitioner in the WP(C). It is seen that nominated members of the Senate are superseded through statutory amendment introduced through Ordinance No.46/2011. 2. Learned Government Pleader submitted that substitutes have already been nominated by the Government even though he is not sure whether they have taken charge in substitution of the appellant and others. It is seen that the appellant along with three others were nominated under Section 17(4) of the Act and by virtue of the amendment to the provisions, pattern of nomination is changed, and it is for the Government to nominate persons in conformity with the requirement of the amended provision. 3. Therefore, we do not find any ground to interfere WA No.1238/2011 2 with the interim order of the learned Single Judge that the relief sought for by the appellant/petitioner is the final relief sought in the WP(C) which cannot be granted without hearing the matter in detail and without declaring the provisions of the Ordinance invalid. We are unable to disagree with the view of the learned Single Judge and therefore we dismiss the Writ Appeal. We make it clear that having regard to the nature of the contentions raised in the WP(C) it requires early hearing, and the appellant can move the learned Single Judge for early hearing of the matter. In order to avoid delay, the University and the Government will file counter affidavit without any delay. Registry will post the WP(C) before the learned Single Judge after ten days. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg