IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 25517 of 2010(S) -------------------------- PETITIONER: --------------- K.A.SIRAJ, MEMBER OF SENATE, UNIVERSITY OF CALICUT, RESIDING AT 'YEHSANS', FAROOK COLLEGE P.O., CALICUT. BY ADV. MR. D.KISHORE MS. MINI GOPINATH RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O., PIN-673 635. 3. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., PIN 673 635. 4. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., PIN 673 635. R1 BY SENIOR GOVERNMENT PLEADER MR. BENNY GERVASIS R2 TO R4 MR. P.C. SASIDHARAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 25517 Of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 25th day of November, 2010 JUDGMENT J. Chelameswar, C.J. This Writ Petition is filed with the prayers as follows: a. Call for the records leading to the passing of Exhibit P1 and quash the same by issuing a writ of certiorari or any other appropriate writ, direction or order. b. Grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice. 2. During the pendency of the writ petition, a communication dated 10th November, 2010 from the Deputy Secretary to the Governor of Kerala addressed to the Vice Chancellor, University of Calicut i.e. respondent No.3, produced by the petitioner along with I.A. No.16449 of 2010. The relevant portion of the said communication (Ext. P9) reads as follows : The Chancellor considered the remarks offered by the Registrar on the issue of notification for appointment to the posts of Security Guards and directed to convey as follows : (i) The proposal to amend the schedule contained in Ordinance 3 of Chapter XV of Calicut University First Ordinance 1978 incorporating the post of Security Guards was sent to this office vide letter No. GAI-F1/5054/2006 dated 04.03.2009. This was referred to the State Government for views vide letter No. GS3-877/2009 dated 23.03.2009 and same is awaited. As is known to you the amendment to Ordinance is not finalized and still under the consideration of the Chancellor. W.P. (C) No. 25517 of 2010 2 (ii) It is true that Section 23 of the Act empowers the Syndicate to create the posts and Section 36 empowers the Syndicate to make Ordinances providing for the fixation of the scales of pay of various posts in the University and the terms and conditions. However, it is specifically provided in Section 37 (4) that 'no Ordinance involving expenditure shall be valid or come into force until assented to be the Chancellor'. In the present case, in the absence of final approval from the Chancellor there is no justification for notifying the posts of Security Guards. (iii) The argument that the posts of Security Guards was notified in compliance with the order of the Hon'ble High Court in judgment dated 28.02.2002 in W.P.(C) No.25588/2001 is not legally true as evidences from the records furnished. In the above circumstances, it is directed to cancel the Notification No. Ad.E1/5488/2010 dated 01.07.2010 inviting applications for the posts of Security Guards and further steps can be taken only after the Ordinance is assented to by the Chancellor. 3. When the matter is taken up today, the learned counsel appearing for the petitioner submits that, in view of the instructions issued to the University vide above mentioned communication, he does not seek for further adjudication on the issue raised in the Writ Petition. Accepting the submission as above, the Writ Petition is closed, recording the contents of the above notification. J. CHELAMESWAR, CHIEF JUSTICE P. R. RAMACHANDRA MENON, JUDGE kmd