IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 32747 of 2009(K) -------------------------- PETITIONER: -------------- NAJEEB, S/O.MUHAMMEDALI, AGED 29 YEARS, RESIDING AT PARAPPURATH HOUSE, KOCHI UNIVERSITY P.O., KALAMASSERY. BY ADV. SRI.M.K.ABOOBACKER RESPONDENTS: ----------------- 1. DR.N.CHANDRAMOHANAKUMAR, PROFESSOR, CHEMICAL OCEANOGRAPHY AND REGISTRAR IN CHARGE, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., KALAMASSERY. 2. THE VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O. KALAMASSERY. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC,CUSAT R3 BY SENIOR GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32747 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of December, 2009 JUDGMENT A.K. Basheer, J. Petitioner claims that he is the President of Indian Youth Congress(I) Kalamassery Mandalam Committee and a social and political worker who is interested in the activities and functions of Cochin University of Science and Technology. He alleges that respondent No.1 who is a Professor in Chemical Oceanography in the University and in charge of Registrar had participated in the “Human Chain” organised by the Communist Party of India(Marxist) as could be seen from Ext.P3 photograph. It is further alleged by the petitioner that respondent No.1, by such conduct of his, has become ineligible to continue in service, since he has violated the service rules. 2. We do not propose to deal with the above and various other averments made by the petitioner in the writ petition. Suffice it to say, the prayer made by the petitioner WP(C) No.32747 of 2009 -:2:- is to issue a writ of mandamus or such other appropriate writ or direction to respondents 2 and 3 to take appropriate disciplinary proceedings against respondent No.1 for violating Rule 67 of the Kerala Government Servants Conduct Rules, 1960 and Clause 11 of the Cochin University of Science and Technology First Statute 1991. 3. We have heard Sri.M.K. Aboobacker, learned counsel for the petitioner and Sri.Aravindakshan Pillai, learned Standing Counsel for the University. 4. It is contended by the learned Standing Counsel that the Writ Petition is wholly unsustainable in the light of the judgment in Dr.Puryodhan Sahu v. Jitendra Kumar Mishra[(1998) 7 SCC 273]. 5. Having heard learned counsel for the parties we are of the view that, the Writ Petition need not be kept pending on the file of this Court, especially in view of the submission made by learned counsel for the petitioner at the Bar that petitioner will be satisfied if a direction is issued to respondents 2 and 3 to consider Exts.P1 and P2 respectively and take a decision thereon. WP(C) No.32747 of 2009 -:3:- 6. Since respondent No.3 has no administrative control over the affairs of the University or its employees, we are not satisfied that any direction need be issued to respondent No.3 in this regard. 7. However, we direct respondent No.2 to consider and pass orders on Ext.P1, if it has been received by him. Such a decision shall be taken within two months from the date of receipt of a copy of this judgment. Needless to mention that petitioner shall be afforded sufficient opportunity to be heard before any decision is taken in the matter. Petitioner shall send a copy of the Writ Petition to respondent No.2 directly, since it is submitted by learned Standing Counsel that he has been instructed that respondent No.2 has not so far received Ext.P1. Writ Petition is disposed of in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WP(C) No.32747 of 2009 -:4:-