IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 16056 of 2007(J) -------------------------- PETITIONER(S): --------------- DR.V.J.PHILIP, S/O.JOSEPH JOSE, RETIRED PROFESSOR AND HEAD DEPARTMENT OF BIO- TECHNOLOGY, UNIVERSITY OF CALICUT, RESIDING AT VALIAMIYALIL, HOUSE NO.2/2557 B, KAINADY LAYOUT, FLORICAN ROAD, MALAPARAMBA, CALICUT-673 009. BY ADV. SRI.THOMAS ANTONY RESPONDENT(S): --------------- 1. THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, THENNIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM-673 635. 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, THENNIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM-673 635. 3. MR.P.P.MOHAMMED, THE REGISTRAR, UNIVERSITY OF CALICUT, THENNIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM-673 635. ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R1TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.16056 of 2007 --------------------------------------------- Dated this the 20th day of October, 2010 JUDGMENT The prayer in the Writ Petition is to issue a writ of mandamus to respondents 1 and 2 to consider and pass orders on Exhibit P3 representation submitted by the petitioner. In the counter affidavit filed on behalf of respondents 1 to 3, it is stated thus : “The request of Dr.V.J.Philip dated 13.6.2005 to treat the period from 1.3.1997 to 28.2.1998 as eligible leave along with the file was received in the section on 16.2.2006 with the orders of the Vice-Chancellor to place it before the reconstituted Syndicate. The Syndicate was reconstituted on 28.7.2006. The file was forwarded to the Syndicate section in January 2007 for considering the request. The Syndicate at its meeting held on 24.3.2007 vide item No.2007.342 confirmed vide item No.2007.441 on 11.5.2007 considered the question of treating the period with effect from 1.3.1997 to 28.2.1998 as eligible leave as requested by Dr.V.J.Philip, Professor (Retd.) WPC No.16056/2007 2 Department of Bio-technology and resolved that the request cannot be allowed. Vide letter No.GA II/F2/4365/96 (sub file) dated 1.6.2007 the petitioner has been informed of the position.” The request dated 13.6.2005 referred to in paragraph 7 of the counter affidavit is Exhibit P3. Exhibit P3 representation having been disposed of by the respondents, the relief prayed for by the petitioner has become infructuous. Accordingly, the Writ Petition is dismissed as infructuous. K.T.SANKARAN JUDGE csl