IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 34467 of 2009(C) -------------------------- PETITIONER(S): --------------- K.PADMAKUMAR, MEMBER, SYNDICATE, UNIVERSITY OF KERALA, HON.DIRECTOR, CENTRE FOR MARINE BIODIVERSITY, DEPARTMENT OF AQUATIC BIOLOGY & FISHERIES, KERALA UNIVERSITY CAMPUS, KARIAVATTOM, THIRUVANANTHAPURAM-695 581. BY ADV. SRI.P.K.SURESH KUMAR SMT.P.JAYALAKSHMI RESPONDENT(S): --------------- UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34467 OF 2009 -------------------------- Dated this the 1st day of December, 2009 J U D G M E N T Heard Sri. P.K.Suresh Kumar, the learned counsel appearing for the petitioner and Sri. M.Rajagopalan Nair, the learned standing counsel appearing for the University of Kerala. 2. The petitioner is a member of the Syndicate of the University of Kerala constituted as per Ext.P1. A member of the Syndicate holds office for a period of four years from the date of election or nomination, as the case may be. The petitioner submits that the Senate of the University of Kerala is a continuing body though it has to be reconstituted every four years. He further submits that in view of the third proviso to Section 22(1) of the Kerala University Act, an anomalous situation has arisen as a result of which members of the Syndicate will have to vacate office, if the Senate is reconstituted before the expiry of the term of four years, from the date of reconstitution of the Senate. Pointing out this aspect of the matter, the petitioner has filed Ext.P2 representation before the Registrar, University of Kerala. In this writ petition the petitioner inter alia seeks a direction to the respondent to allow the W.P.(C) No. 34467/09 2 present Syndicate of the Kerala University to continue in office for the full term of four years. 3. When this writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that for the time being the petitioner is only desirous of having the request made by him in Ext.P2 considered by the Vice Chancellor of the Kerala University. The learned counsel submits that leaving open the contentions of the petitioner on the merits, the Registrar of the University of Kerala may be directed to place the original of Ext.P2 before the Vice Chancellor and the Vice Chancellor in turn may be directed to consider the same and take a decision thereon expeditiously. The learned counsel submits that as steps are afoot to notify elections to the Senate, the Vice Chancellor may be directed to consider the request made by him in Ext.P2 and take a decision thereon expeditiously. 4. The learned standing counsel appearing for the Kerala University submits that the electoral roll to elect the members of the Senate was published on 30.11.2009 and that objections to the draft electoral roll have to be submitted before 14.12.2009. He submits W.P.(C) No. 34467/09 3 that a notification regarding election to the senate will be issued only thereafter. As the request made by the petitioner in Ext.P2 will become infructuous if elections to the Senate are held, I am of the opinion that the Vice Chancellor should consider Ext.P2 and take a decision thereon before the elections to the Senate are notified. I accordingly direct the Registrar of the University of Kerala to place the original of Ext.P2 before the Vice Chancellor of the University within two days from the date on which the petitioner produces a certified copy of this judgment before him. The Vice Chancellor of the University of Kerala shall thereupon consider Ext.P2 and take a decision thereon expeditiously and in any event before notifying the elections to the Senate of the University. It will be open to the Vice Chancellor to hear the petitioner, if he is of the opinion that the petitioner should be heard, before a decision is taken in the matter. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 34467/09 4