IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 WA.No. 190 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER DATED 01/02/2011 IN WPC.3280/2011 .................... APPELLANT(S): APPELLANT/PETITIONER IN WPC. ------------------------------------------ KERALA VIDHYABHYASA SAMRAKSHANA SAMITHY KPCTA MANDIR, MATHRUBHOOMI ROAD,VANCHIYOOR, TRIVANDRUM-695 035, WITH REGISTRATION NO.75/2009 (UNDER TRAVANCORE-COCHIN LITERARY SCIENTIFIC & CHARITABLE SOCIETIES REGISTRATION ACT) REP.BY ITS CHAIRMAN, JORY MATHAI,KARAMEL KOYIKKAL,KARIKODE,PERUVA,KOTTAYAM DISTRICT, PIN - 686 610. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): RESPONDENTS IN WPC. ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRTARY TO GOVERNMENT, HIGHER EDUCATION DEPARTEMNT,SECRETRIAT, THIRUVANANTHAPURAM-695 001. 2. THE UNIVERSITY OF KERALA, TRIVANDRUM-695 033, REPRESENTED BY ITS REGISTRAR. 3. PROF.P.G.SUKUMARAN NAIR, HEAD, DEPARTMENT OF PHYSICS, MM NSS COLLEGE, KOTTIYAM, KOLLAM-691 571. 4. DR.K.G.GOPACHANDRAN, SENIOR SCALE LECTURER,DEPARTMENT OF OPTO-ELECTRONICS, UNIVERSITY OF KERALA, KARYAVATTOM. P.O., THIRUVANANTHAPURAM-695 581. WA NO.190/2011 5. DR.A.GANAPRASAD, SENIOR SCALE LECTURER,DEPARTMENT OF BOTANY, UNIVERSITY OF KERALA, KARYAVATTOM P.O., THIRUVANANTHAPURAM-695 581. 6. G.RAJEEV,SELECTION GRADE LECTURER, DEPARTMENT OF CHEMISTRY, UNIVERSITY COLLEGE, THIRUVANANTHAPURAM-695 581. ADV. SRI.M.RAJAGOPALAN NAIR FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... W.A. No.190 of 2011 .................................................................... Dated this the 14th day of February, 2011. J U D G M E N T Ramachandran Nair, J. When the Writ Appeal came up for admission, we heard learned counsel appearing for all the parties. 2. Respondents 3 to 6 have already been nominated to the Senate and by virtue of their membership in the Senate, they have become members of the Syndicate. If the learned Single Judge was prima facie satisfied that the respondents were ineligible to be nominated, he should have issued an order of prohibition against their functioning as members of the Senate and the Syndicate. However, the learned Single Judge has not chosen to do so. We feel the interim order passed is of no significance because when the Writ Petition is entertained, respondents' nomination or selection or their continuance will also be subject to the result of the Writ Petition. Therefore, what is required to be done by the parties is to move the learned Single Judge for immediate hearing of the case. All the respondents are directed to file counter affidavits, if any, required, WA No.190/2011 2 within a period of two weeks from now. The Registry will list this matter before the learned Single Judge for hearing and disposal of the case, after two weeks. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg