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 10TH JANUARY 2011 / 20TH POUSHA 1932 WA.No. 1971 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12787/2010 Dated 29/10/2010 .................... APPELLANT(S): PETITIONERS: -------------------------- 1. CALICUT UNIVERSITY TEACHER'S ASSOCIATION REP.BY ITS GENERAL SECRETARY DR.K.V.LAZER, AGED 55 YEARS, S/O.K.VARKEY, READER, DEPARTMENT OF ZOOLOGY UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM RESIDING AT CHENAKAL,, CALICUT UNIVERSITY POST, THENHIPALAM, MALAPPURAM DISTRICT. 2. P.MOHANAN, AGED 50, S/O.P.T.KANARAN, PRESIDENT, CALICUT UNIVERSITY TEACHERS ASSOCIATION, CALICUT UNIVERSITY P.O., KERALA, RESIDING AT THAYYIL HOUSE, CIVIL STATION.P.O., CALICUT - 20. BY ADV. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA RESPONDENT(S): /RESPONDENTS --------------- 1. THE CHANCELLOR/THE GOVERNOR, UNIVERSITY OF CALICUT, RAJ BHAVAN, THIRUVANANTHAPURAM - 1 . 2. THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O., THENHIPALAM, MALAPPURAM, PIN - 673 635. 3. THE SYNDICATE, UNIVERSITY OF CALICUT REPRESENTED BY ITS CHAIRMAN, CALICUT UNIVERSITY P.O., THENHIPALAM, MALAPPURAM, PIN - 673 635. W.A.NO.1971/2010 4. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., THENHIPALAM, MALAPPURAM, PIN - 673 635. 5. DR.T.K.NARAYANAN, REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., THENHIPALAM, MALAPPURAM, PIN - 673 635. ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. MR.N.SUGATHAN, FOR R5 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.No.1971 of 2010 --------------------------------- Dated, this the 10th day of January, 2011 J U D G M E N T Ramachandran Nair, J. Heard learned Senior counsel Shri.Balakrishna Iyer appearing for the appellant, learned Standing Counsel appearing for the University and Shri.N.Sugathan, learned counsel appearing for the 5 th respondent. 2. The Writ Appeal is filed against the judgment of the learned Single Judge declining to issue a writ of Quo Warranto against the 5 th respondent prayed for by the appellants. The case of the appellants is that the 5 th respondent is ineligible to be appointed as Professor in the Department of Sanskrit in the University of Calicut. The 5 th respondent was selected and appointed as Professor of Sanskrit in the University in the year 1998 pursuant to Ext.P6 notification. The appellants' case is that Ext.P6 notification itself is not proper and consequently the 5 th respondent's selection is illegal and is liable to be interfered with by this Court. However, in our view, the appointment of the 5 th respondent made in the year 1998 should not have been permitted to be challenged in 2010 i.e. after 12 years the 5 th respondent served as Professor in the Department W.A.No.1971/2010 -2- of Sanskrit. The appellants have no case that the 5th respondent is not qualified to be appointed as Professor of Sanskrit. Learned counsel for the 5th respondent has brought to our notice the qualifications of the 5th respondent i.e. B.A and M.A. degree in Sanskrit and PhD with publications and teaching experience, making him eligible for appointment as Professor. In our view, after the long lapse of 12 years, the 5th respondent's appointment to the post of Professor cannot be challenged by the appellants. Further there is no other claimants for the post of Professor in Sanskrit claiming preference over the 5th respondent. So much so, we feel that the Writ Appeal not only lacks any merit, but also lacks any bonafides. Therefore, we do not find any ground to interfere with the findings of the learned Single Judge, who upheld the appointment of the 5th respondent as Professor in Sanskrit. Consequently, this Writ Appeal is dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg