IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 35615 of 2010(B) --------------------------------------- PETITIONER(S): ----------------------- T.S. RADHAKRISHNAN, S/O.T.K. KUTTAYI, AGED 38 YEARS, 'RAYIKA', TENHIPALAM POST, MALAPPURAM DISTRICT, PIN - 673 636. BY ADVS. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER RESPONDENT(S): ------------------------- 1. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY POST - 676 635, MALAPPURAM DISTRICT. 2. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY POST - 673 635. MALAPPURAM DISTRICT. R1 & R2 BY ADV. SRI.P.C.SASIDHARAN, SC FOR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 35615 of 2010 B ``````````````````````````````````````````````````````` Dated this the 30th day of November, 2010 J U D G M E N T Since 01-08-2003, petitioner was granted licence for running the Mess in the Guest House of the Calicut University. Initially, the licence was for a period of two years and the period was being extended from time to time. Now, fresh tenders have been invited and, according to the petitioner, he was the lowest tenderer. 2. While the matter was thus pending consideration of the University, all of a sudden, Ext.P3 was issued by the University, whereby sanction has been accorded by the Registrar for implementing the decision of the Syndicate to terminate the contract of the petitioner. Petitioner submits that Ext.P3 discloses that there were certain complaints against him, that an enquiry was held, that the matter was placed before the Syndicate and that the Syndicate resolved to terminate the petitioner. Petitioner submits that there is a gross violation of the principles of natural justice and that all W.P.(C) No.35615/10 : 2 : these have been done by the University without notice to him. 3. I heard the Standing Counsel appearing for the University, who has obtained instructions in the matter. According to the learned Standing Counsel, as far as the tender invited is concerned, to which the petitioner has also responded, he was not the lowest tenderer. It is also stated that there were several complaints against the manner in which the canteen was run by the petitioner and that the Vice Chancellor directed that the matter be examined by the Syndicate. It is stated that accordingly, an informal enquiry was held where the allegations are found to be true. Accordingly, the Syndicate passed two resolutions on 08-11- 2010 to terminate the contract of the petitioner and to award the contract to the lowest tenderer, Sri.P.Shaji. It is stated that, accordingly, the Registrar issued Ext.P2 dated 23-11- 2010. It is also submitted that, thereafter, on 27-11-2010, individual orders were issued to the petitioner terminating the contract and awarding the contract to the lowest tenderer, Sri.P.Shaji. 4. First of all, the contract in question is a commercial W.P.(C) No.35615/10 : 3 : one. The facts pleaded show that there were complaints about the manner in which the petitioner was running the canteen and it was therefore that the University decided to take action against him. In my view, in this type of a matter, one cannot invoke the principles of natural justice and require the University to carry on with the contract till the whole procedure is completed and that the University should have the freedom to take immediate action. In a matter of this nature, even if the petitioner has a case that termination was illegal, remedy of the petitioner is to claim damages by approaching the civil court. Therefore, having regard to the contents of Ext.P3, I see no illegality in the stand taken by the University. 5. In any case, now that the contract is also awarded to the successful tenderer, it is not a case for this Court to interfere under Article 226 of the Constitution of India. Writ petition fails and it is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks