Dr. Jagannathan P.K. v. University of Calicut and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **FRIDAY ,THE 14TH DAY OF SEPTEMBER 2018 / 23RD BHADRA, 1940** **WP(C).No. 13978 of 2018** ## **PETITIONER/S:** **DR. JAGANNATHAN.P.K GENERAL SECRETARY, PRINCIPALS COUNCIL OF UNAIDED COLLEGES, CALICUT UNIVERSITY.AND PRINCIPAL, SNDP YES COLLEGE, CHERUKARA P.O, PERINTHALMANNA,MALAPPURAM DISTRICT.** **BY ADVS. SRI.GEORGE POONTHOTTAM SMT.NISHA GEORGE** ## **RESPONDENT/S:** |**1**|**THE UNIVERSITY OF CALICUT**| |---|---| ||**CALICUT UNIVERSITY P.O, MALAPPURAM, KERALA**| ||**-673635REPRESENTED BY THE REGISTRAR.**| |**2**|**THE VICE CHANCELLOR**| ||**UNIVESITY OF CALICUT, CALICUT UNIVERSITY**| ||**P.O,MALAPPURAM, KERALA -673635**| |**3**|**THE RETURINING OFFICER/REGISTRAR**| ||**UNIVERSITY OF CALICUT,CALICUT UNIVERSITY**| ||**P.O,THENJIPALAM, MALAPPURAM DISTRICT-673635.**| **WPC 13978/2018 14[th] day of September, 2018** ## **-:2:-** **4 ADDL.R4. DR.GODWIN SAMRAJ AGED 49 YEARS S/O.S.DEVI PILLAI(L), PRINCIPAL, MALABAR CHRISTIAN COLLEGE, KOZHIKODE -1.,'SUBHA', KUZHIKKILADAN, KANDIPARAMBU, PARROPATI, MEREKUNNU P.O., CALICUT -32, SYNDICATE MEMBER (NOMINATED)** **5 ADDL.R5. DR.VINODKUMAR K.P. AGED 48 YEARS S/O.P.E.RADHAKRISHNAN NAIR (L), ASSOCIATE PROFESSOR, MES MAMPAD COLLEGE, STATE SECRETARY, AKPCHTA, NIVEDYAM, EDAKKAD COMPOUND, FEROKE POST, 673 631, KOZHIKODE DISTRICT.** **6 ADDL.R6 DR.SATHIAN M. AGED 52 YEARS S/O.LATE KELAPPAN (L), ASSISTANT PROFESSOR, GOVERNMENT ARTS AND SCIENCE COLLEGE, KOZHIKODE, MATHAR, PUTHIYANGADI PO., KOZHIKODE - 673021. (ADDL.R4 TO R6 IMPLEADED AS PER ORDER DT.30.7.2018 IN I.A.NO.9657/2018) BY ADVS. SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY SRI.P.C.SASIDHARAN SC CALICUT UNIVERSITY SRI.SAJEEV KUMAR K.GOPAL** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.09.2018, THE COURT ON 14/09/2018 DELIVERED THE FOLLOWING:** **WPC 13978/2018 14[th] day of September, 2018** ## **-:3:-** ## **JUDGMENT** The petitioner claims that he is the General Secretary of the Principal's Council of Unaided Colleges (affiliated to Calicut University) His grievance in the writ petition is about non inclusion of the names of all Principals of affiliated Unaided Colleges in the electoral roll for the proposed election to the Senate from the Constituency of Principals 2. The University notified election on 16.1.2018. The date of publication of electoral roll was 19.2.2018. In the electoral roll published, names of Principals of Unaided Colleges are not figured. The Association appears to have raised a complaint as per Ext.P3. That was responded by reply dated 3.3.2018 stating that only those Principals of affiliated colleges, whose appointments as Principals are approved by the University, alone have been included in the electoral roll of Principals. No election was conducted. The University is proposing to renotify. 3. There was some doubt in regard to the inclusion of Principals of Unaided Colleges in the electoral roll. That was settled by a large number of judicial precedents of this Court [see the judgments of the Division Bench of this Court in University of Kerala v. Sankaran **WPC 13978/2018 14[th] day of September, 2018** ## **-:4:-** Nampoothiry [2005 (1) KLT 229] and the judgments of the learned Single Judge of this Court in Rajendran v. University of Calicut [2005 (4) KLT 321 & Abdul Salam V.H. (Prof.Dr.) v. University of Calicut and Others [2013 KHC 3328], as well as other unreported judgments of this Court. in the light of the above, there may not be any doubt in regard to the night of Principals of Unaided Colleges to be included in the electoral roll for election to Senate. 4. Section 2(27) of the Calicut University Act, 1975 defines teacher, which includes Principal as well Section 2/(15) refers 'Principal' as the head of the college. Section 57 refers appointment of teachers in Private Colleges It particularly refers that every appointment under this Section shall be reported to the University for approval It makes no distinction between aided or Unaided Colleges. Section 58 refers to qualification of teachers. It lays down that the qualification must be in accordance with the regulations prescribed. The University had prescribed Regulations for teachers of affiliated non-professional Arts and Science Colleges. The qualification prescribed for the Principal is as follows: **WPC 13978/2018 14[th] day of September, 2018** ## **-:5:-** ## 4. Teachers of Affiliated Non-professional Arts and Science Colleges ## 1) Principal (i) A Master's Degree with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) of this University or an Indian/Foreign University recognized as equivalent thereto; (ii) A Ph.D. Degree in concerned/allied/relevant discipline(s) in the institution concerned with evidence of published work and research guidance; (iii) Associate Professor/Professor with a total experience of 15 years of teaching/research/administration in Universities, Colleges, and other institutions of higher education; and (iv) A minimum score as stipulated in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS), as set out in this Regulations in Appendix Ill for direct recruitment of Professors in Colleges." 5. The argument of the learned Standing Counsel for the University is that the University can recognise Principals of Unaided Colleges only if they are appointed in accordance with the Regulations and their appointment have to be reported to the University for approval. **WPC 13978/2018 14[th] day of September, 2018** ## **-:6:-** 6. It appears hitherto that the University only considers the approval of appointment of those teachers and Principals, who are appointed in aided colleges. No steps seem to have been taken by the University insisting upon approval of teachers or Principal of Unaided Colleges. This fact as asserted in the writ petition had not been denied in the counter affidavit filed by the University. 7. The Senate is the supreme authority in the University. It wields vast power. Therefore, the Act mandates constitution of the Senate with members, who are representing different segments in the field of education. It is stated in the writ petition that there are 206 affiliated colleges out of which 134 are self financing colleges. In the electoral roll now prepared, there are only 22 Principals, who are from aided colleges The University has no case that the list includes the Principals of any of the Unaided Colleges. 8 The main objection of the University is that they can only consider individual complaints of the Principals of Unaided Colleges and they cannot recognise unrecognized association which is not having any legal sanctity to espouse a cause on behalf of others. While contending that the individual grievance alone be considered, the University have no case that they have any mechanism in its place to consider approval of **WPC 13978/2018 14[th] day of September, 2018** ## **-:7:-** appointment of the Principals of Unaided Colleges. That be the case, it is not a question relating to omissions in the electoral roll but a larger issue relating to process of approval of Principals appointed in Unaided Colleges 9. As rightly pointed out by Shri PC. Sasidharan, leaned Standing Counsel for the University, the University cannot recognise persons, who are styled as Principals unless they possess requisite qualification as referred in the University Regulations. 10. The dispute involved in this case, according to me, is not a matter that can be decided by the Returning Officer based on the objections raised by the Principals of affiliated Colleges. The Returning Officer is not the authority, who can consider the question regarding approval of appointment of the Principals of affiliated Unaided Colleges. In such scenario, the University could not have issued a notification, without enabling the Principals of Unaided Colleges to get approval. All dilemma arose in this writ petition is on account of non existence of a system in place to consider the approval of appointment of Principals of affiliated Unaided Colleges. The University ought to have devised a mechanism or system to consider the approval of appointment of Principals of Unaided Colleges. **WPC 13978/2018 14[th] day of September, 2018** ## **-:8:-** 11. As per Statute 14 of the Calicut University First Statutes, 1975, only the names of persons, who are on the electoral body 60 days before the date of publication of electoral roll are entitled to participate in the election. Therefore, only such approved Principals, prior to 60 days of publication of electoral roll alone are liable to be included in the electoral roll. When there is no system as such for approving appointment of the Principals of Unaided Colleges, there is no reason in conducting such election to the Senate without giving adequate opportunity to persons, who are sought to be inducted as members of Senate through an election. 12. In the light of the above facts and circumstances, this Court is of the view that the University can proceed further with election to the Constituency of Principals only after giving opportunity to the Principals of affiliated Unaided Colleges to obtain approval. Such approval need be given only in accordance with the Regulations. The writ petition is disposed of as above. No costs. ## **Sd/-** ## **A.MUHAMED MUSTAQUE** **JUDGE** **WPC 13978/2018 14[th] day of September, 2018** ## **-:9:-** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 16/01/2018 ISSUED BY THE UNIVERSITY EXHIBIT P2 TRUE COPY OF THE DRAFT ELECTORAL ROLL DATED 19/2/2018 ISSUED BY THE UNIVERSITY** **EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED NILL SENT BY THE PRINCIPALS COUNCIL OF UNAIDED COLLEGE TO THERETURNING OFFICER** **EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO. 7365/ELECTION ASST-1/2018/ADMN DATED 3/3/32018 EXHIBIT P5 TRUE COPY OF THE REGULATIONS EXHIBIT P6 TRUE COPY OF PROFORMA** **EXHIBIT P7 TRUE COPY OF THE LIST OF PRINCIPALS (DISTRICT WISE) OF UNAIDED COLLEGES WHO HAD WORKED AS APPROVED PROFESSORS AND PRINCIPALS OF AIDED AND GOVERNMENT COLLEGES BY THE UNIVERSITY.** RESPONDENTS EXTS EXT R1(A) TRUE COPY OF THE JUDGMENT IN WPC 3537/2013 EXT R1(B) TRUE COPY OF THE JUDGMENT IN WA 328/2013 \\TRUE COPY// PS TO JUDGE ms