IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 23431 of 2006(M) ----------------------------------- PETITIONER(S): ------------------------ DR.K.P.RAJAPPAN NAIR, RADHANIVAS, TC 4/929, PIPELINE ROAD, KOWDIAR, KAUDIAR P.O., THIRUVANANTHAPURAM-695 003. BY ADVS. MR.PIRAPPANCODE V.S.SUDHIR MR.V.VARGHESE RESPONDENT(S): ------------------------ 1. THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS REGISTRAR, COCHIN UNIVERSITY P.O., KOCHI-22. 2. THE VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., KOCHI-22. 3. THE CONTROLLER OF EXAMINATIONS, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., KOCHI-22. 4. DR.V.UNNIKRISHNAN NAIR, HON.PROFESSOR, DEPARTMENT OF OPTO-ELECTRONICS, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. ADV. MR.SURIN GEORGE IYPE,SC,CUSAT,COCHIN U FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23431/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE NOTIFICATION NO.CONF. II/DEANS/98 DT. 19.4.04 OF THE IST RESPONDENT. P2:- COPY OF THE NOTIFICATION NO. CONF.II/DEANS/98 DT. 5.4.2000 OF THE VICE CHANCELLOR, CUSAT, THE 4TH RESPONDENT. P3:- COPY OF THE COUNTER AFFIDAVIT FILED TO THE W.P(C) NO.14701/2005-A BY RESPONDENTS 1 TO 3. P4:- COPY OF THE REPLY AFFIDAVIT FILED BY THE PETITIONER TO EXT.P3. P5:- COPY OF THE ADDITIONAL COUN TER AFFIDAVIT FILED BY THE RESPONDENTS 1 TO 3. P6:- COPY OF THE JUDGMENT IN WPC. NO.14701/2005 DT. 27.9.05 OF THIS HONOURABLE COURT. P7:- COPY OF THE JUDGMENT IN WA. NO.2340/2005 DT. 3.3.06 OF THIS HONOURABLE COURT. P8:- COPY OF THE LETTER NO.VC/DEAN/05 DT. 31.10.05 OF THE 2ND RESPONDENT. P9:- COPY OF THE EXPLANATION DT. 9.11.05 TO EXT.P8. P10:- COPY OF THE WRITTEN SUBMISSION DT. 31.3.2006. P11:- COPY OF THE NOTIFICATION NO.CONF. II/DEANS/98 DT. 29.5.06 OF THE 2ND RESPONDENT. P12:- COPY OF THE REPRESENTATION DT. 16.6.06 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P13:- COPY OF THE RELEVANT EXTRACT OF THE LETTER NO.CONF/SO/MISC./08-09 PARTFILE DT. 15.7.08 ISSUED BY THE UNIVERSITY TO THE PETITIONER. TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. ---------------------------------------------- W.P(C) No.23431 of 2006-M --------------------------------------------- Dated this the 20th February, 2009. J U D G M E N T Heard Sri.Pirappancode V.S.Sudheer, the learned counsel appearing for the petitioner and Sri.Surin George Iype, the learned standing counsel appearing for respondents 1 to 3. 2. The petitioner was nominated by the Vice Chancellor, Cochin University of Science and Technology as Dean of the Faculty of Science as per notification dated 19.4.2004. Later by Exhibit P2 notification dated 5.4.2005, the petitioner's nomination was revoked. He challenged it in W.P(C)No.14701 of 2005 contending that the cancellation of his nomination is malafide. By Exhibit P6 judgment delivered on 27.9.2005, a learned Single Judge of this Court quashed Exhibit P2 and directed the Vice Chancellor of the University to take a fresh decision in the matter after affording the petitioner an opportunity of being heard. Dissatisfied with Exhibit P6, the petitioner filed a Writ Appeal. The Division Bench of this Court by Exhibit P7 judgment dismissed the Writ Appeal. Later the Vice Chancellor issued Exhibit P8 notice setting out the reasons W.P(C) No.23431 of 2006-M 2 which prompted him to issue Exhibit P2. The petitioner was called upon to submit a reply. The petitioner submitted Exhibits P9 and P10 replies. Thereafter the Vice Chancellor issued Exhibit P11 notification dated 29.5.2006 holding that the petitioner's continuance as Dean of the Faculty of Science is not in the best interests of the University. Exhibit P11 is under challenge in this Writ Petition. 3. By Exhibit P1, the petitioner was nominated as Dean of the Faculty of Science for a period of three years from 18.4.2004. The said period of three years has expired and another person was nominated as Dean of the Faculty of Science. Therefore no relief can be granted to the petitioner by restoring him as Dean of the Faculty of Science. The learned counsel for the petitioner submits that the observations in Exhibit P11 cast a stigma on the petitioner and that it will adversely affect his career. The petitioner therefore prays that the observation in Exhibit P11 that his continuance as Dean of the Faulty of Science is not in the best interests of the University and the student community may be deleted. 4. The learned standing counsel appearing for the University submits that it was the petitioner who invited the said finding by challenging Exhibit P2. On going through the pleadings W.P(C) No.23431 of 2006-M 3 and after hearing the learned counsel appearing on either side, I am persuaded to hold that Exhibit P2 does not cast any stigma on the petitioner. However having regard to the fact that the petitioner has now retired from service, I feel that the Syndicate of the University should examine whether the observations against the petitioner in Exhibit P9 should be vacated. I notice that the petitioner has already submitted Exhibit P12 representation before the Registrar of the Cochin University of Science and Technology requesting that the findings against him in Exhibit P11 may be withdrawn. The Registrar of the University shall within three months from today place the original of Exhibit P12 before the Syndicate of the University and the Syndicate shall consider the same and take a decision as to whether the adverse findings against the petitioner in Exhibit P11 should stand deleted or not. The Writ Petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab