IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 21285 of 2010(I) -------------------------- PETITIONER(S): --------------- MATHEW CHERIAN, AGED 48 YEARS, SON OF LATE P.M.CHERIAN, READER, COCHIN UNIVERSITY COLLEGE OF ENGINEERING, KUTTANAD, PULINCUNNU-688 504, ALAPPUZHA DISTRICT, RESIDING AT KOCHUVADAKEYIL HOUSE, COLLEGE NAGAR 180, CHURCH ROAD, TILLERY, KOLLAM-691 001. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE SRI.K.V.GEORGE RESPONDENT(S): --------------- 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS REGISTRAR, KOCHI-682 022. 2. THE VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI-682 022. 3. THE PRINCIPAL IN CHARGE, COCHIN UNIVERSITY COLLEGE OF ENGINEERING, KUTTANAD, PULINCUNNU-688 504, ALAPPUZHA DISTRICT. ADV. SRI.K.S.MOHAMMED HASHIM,SC,CUSAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 21285 OF 2010 -------------------------------------------- Dated this the 15th day of July, 2010 JUDGMENT The petitioner, a Reader in Cochin University College of Engineering, Kuttanadu in Alappuzha District applied for Leave Without Allowances for study purpose for one year to pursue Post-Doctoral studies at EPFL, Lausanne in Switzerland as per Ext.P3. Ext.P3 is dated 3.2.2010. This Writ Petition has been filed mainly with the following prayer: “(a) Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the 1st and 2nd respondents to forthwith obtain recommendations from 3rd respondent on petitioner's Ext.P3 application and place Ext.P3 application thereof along with Ext.P8 appeal, before the Syndicate of 1st respondent-University in its immediately next meeting itself, for consideration and communicate orders thereon to the petitioner;” 2. On 12.7.2010, the Vice-Chancellor of the first respondent University passed an order and the same was communicated to the petitioner by the Registrar of the University. As per the same, the application for Leave Without Allowances for study purpose submitted by the petitioner was rejected. The petitioner has produced the same along with I.A No.9705/2010 as Ext.P10. The contention of the petitioner is that W.P.(C) NO.21285/2010 2 in terms of Sub-section 11 of Section 11 of the Cochin University of Science & Technology Act, the Vice-Chancellor, the second respondent should not have rejected Ext.P3 application and instead it should have been placed before the Syndicate of the University. The said contention is founded on clause (b) of Statute 16 of the Cochin University of Science & Technology First Statutes, 1991. As per the same, the authority competent to consider the leave for longer period than 30 days is the Syndicate of the University. In the said circumstances, the learned standing counsel for the University, upon instructions, fairly submitted that Ext.P3 application of the petitioner will be placed before the next meeting of the Syndicate of the University. This is recorded. In the said circumstances, to enable the Syndicate of the University to take a decision, Ext.P10 is set aside. Accordingly, there will be a direction to the second respondent, Vice- Chancellor of the University to place Ext.P3 application submitted by the petitioner for Leave Without Allowances in the next meeting of the Syndicate of the University for taking appropriate decision in accordance with law. This Writ Petition is, accordingly, disposed of. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.21285/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.21285/2010 4