High Court of KeralaSingle JudgeWrit petitions disposed of; Chancellor directed...

W.P.(C) Nos. 34848 of 2022 & connected cases; 35005 of 2022; 35785 of 2022; 35802 of 2022 (In the High Court of Kerala at Ernakulam)

Case / Petition Number:WP(C) Nos. 34848/2022; 35005/2022; 35785/2022; 35802/2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Mohammed Nias C.P.
Judgment Date
2024-01-25
Court Decision / Holding
The writ petitions are disposed of with directions: the Chancellor shall consider the objections filed by the petitioners and decide on the legality/jurisdiction to issue the show cause notices as well as on the merits of alleged violations of the UGC Regulations. The exercise must be completed within six weeks of receipt of a copy of the judgment, with reasonable opportunity for hearing. The orders passed by the Chancellor shall not take effect for a period of ten days from the date of the order.
Final Disposition
Writ petitions disposed of; Chancellor directed to examine objections and determine legality/jurisdiction and merits of show cause notices within six weeks; hearing to be afforded; orders not to take effect for ten days.

Parties to the Case

Appellants / Petitioners

  • Dr. M.V. Narayanan, Vice Chancellor, Sree Sankaracharya University of Sanskrit, Kalady
  • M.K. Jayaraj, Vice Chancellor, University of Calicut
  • Dr. Saji Gopinath, Vice Chancellor, Kerala University of Digital Sciences, Innovation and Technology
  • Dr. P.M. Mubarak Pasha, Vice Chancellor, Sreenarayan Open University

Respondents

  • Chancellor, Sree Sankaracharya University of Sanskrit, Kalady
  • State of Kerala represented by Chief Secretary
  • Department of Higher Education, Government of Kerala
  • Sree Sankaracharya University of Sanskrit, Kalady represented by its Registrar
  • University Grants Commission (Addl.R5)
  • Union of India represented by its Secretary to the Department of Higher Education (Addl.R6)
  • Chancellor, University of Calicut
  • Chancellor, Kerala University of Digital Sciences, Innovation and Technology
  • Chancellor, Sreenarayan Open University
  • Principal Secretary to Governor & Chancellor, Kerala Raj Bhavan (as listed in connected petitions)
  • Secretary to Government, Department of Electronics and Information Technology (as listed)
  • Various officials as Addl.R5/Addl.R6 as per orders in IA/related matters

Legal Representation & Advocates

Counsels for Petitioners

  • • M.P. Sreekrishnan
  • • A. Muhammed Musthafa
  • • M. Sasindran
  • • S. Shyam Kumar
  • • K.M. George
  • • Chithra P.
  • • G. Kalachudhan
  • • G. Jose
  • • P. Sanjay
  • • A. Parvathi Menon
  • • P.A. Mohammed Aslam
  • • Kiran Narayanan Prasoon
  • • Sunny Rahul Raj
  • • P. Amrutha Nair

Counsels for Respondents

  • • K. J.aju Babu (Sr.)
  • • Dinesh Mathew
  • • J. Muricken (SC)
  • • S. Gopakumaran Nair (Sr.)
  • • S. Prasanth (SC)
  • • T.B. Hood (Spl.GP)
  • • Ashta Treasa Jose
  • • P.C. Sasidharan
  • • S.G Ramachandran (as applicable)

Case Synopsis & Summary

These batch writ petitions challenge show cause notices issued by the Chancellor to Vice Chancellors of several state universities, based on the Supreme Court’s decision in Professor (Dr) Sreejith P.S. v. Dr Rajasree M.S. and others, which held that the UGC Regulations governing appointment of Vice Chancellors are applicable and form part of the statutory framework. The petitioners contend that the show cause notices were issued without proper procedure or jurisdiction and that their explanations should be considered; during proceedings the Court extended the time to file objections and to seek a personal hearing. The judgment notes that, although the declaration of law in Rajasree’s case is binding, a factual adjudication is required to determine whether each Vice Chancellor’s appointment complied with the applicable UGC Regulations as in force at the time of appointment. The Court directs the Chancellor to consider objections, and decide on both the legality/jurisdiction to issue show cause notices and the merits of alleged violations of the UGC Regulations, within six weeks, with a ten-day breathing period before any orders take effect. The matter involves the evolving regulatory framework for new universities in Kerala (including the KUDSIT framework) and related statutory instruments, and the appendices list petitioners’ and respondents’ documents.

Provisions of Law Cited

UGC Regulations for Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 (as amended)

Legal Doctrines & Maxims

  • UGC Regulations prevail over State legislation in matters of Vice Chancellor appointments; UGC Regulations become part of statutory law and shall prevail; Declaration of law in Dr Rajasree M.S. case is binding on all; Search Committee must be duly constituted in terms of UGC Regulations; quo warranto remedy for unlawful VC appointment under UGC Regulations.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners challenge the legality and jurisdiction of the show cause notices issued to them, arguing that the notices are issued on the basis of the Supreme Court’s Dr Rajasree M.S. judgment and related decisions, and that before acting the Chancellor must consider the petitioners’ objections and assess compliance with the applicable UGC Regulations as in force at the time of appointment. They contend due process, proper constitutional/UGC-regulatory alignment, and a hearing opportunity before any final action, and seek a merits-based adjudication rather than mere reliance on precedents.

Contentions of Respondents

The respondents contend that the Chancellor’s show cause notices are grounded on binding law and the UGC Regulations, which govern VC appointments and have statutory force; they argue for review and verification of compliance with the UGC Regulations and the constitutional framework, including the proper constitution of Search Committees, and urge that the Court adjudicate legality and merits in light of the relevant regulations and regulatory regime.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Professor (Dr) Sreejith P.S. v. Dr Rajasree M.S. and others2022 SCC OnLine SC 1473PositiveThe Supreme Court held that UGC Regulations are applicable to VC appointments and can be invoked by quo warranto, and that they prevail as part of the statutory framework.
Gambhirdan K. Gadhvi v. State of Gujarat and Others(2022) 5 SCC 179Mentioned OnlyCited as part of broader jurisprudence; not explicitly adopted or distinguished in the present reasoning.
State of West Bengal v. Anindya Sundar Das and othersAIR 2022 SC 4902 = 2022 SCC OnLine SC 1382Mentioned OnlyCited among earlier judgments referenced for context; not treated as directly controlling the outcome here.

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Extracted Judgment Text

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 25[TH] DAY OF JANUARY 2024 / 5TH MAGHA, 1945** **WP(C) NO. 34848 OF 2022** ## **PETITIONER:** DR. M.V.NARAYANAN VICE CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,KALADY, KALADY P.O., ERNAKULAM DISTRICT, KERALA, PIN - 683574 BY ADVS. M.P.SREEKRISHNAN A.MUHAMMED MUSTHAFA ## **RESPONDENTS:** 1 CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, KALADY P.O., ERNAKULAM DISTRICT, KERALA, PIN - 683574 2 THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 3 DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, ANNEXE - 2, 4TH FLOOR, THIRUVANANTHAPURAM, PIN - 695001 4 SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY REPRESENTED BY ITS REGISTRAR, KALADY P.O., ERNAKULAM DISTRICT, KERALA, PIN - 683574 ADDL.R5: UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS CHAIRMAN, BAHADURSHA ZAFAR MARG, NEW DELHI 110002 (ADDL.R5 IS IMPLEADED AS PER ORDER DATED 12.12.2021 IN IA 2/2022 IN WP(C) NO.34848/2022. 6 UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO -2- W.P(C) Nos.34848 of 2022 & connected cases DEPARTMENT OF HIGHER EDUCATION 127-C, SHASTHRI BHAWAN, NEW DELHI -01 (IS IMPLEADED AS ADDL.R6 AS PER ORDER IN IA NO.4/2022 DATED 25.1.2024) BY ADVS. K.JAJU BABU (SR.) SHRI.DINESH MATHEW J.MURICKEN, SC, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY M.P.SREEKRISHNAN No Advocate SMT.M.U.VIJAYALAKSHMI, SC, CHANCELLOR OF UNIVERSITIES IN KERALA S.GOPAKUMARAN NAIR (SR.) S.PRASANTH, SC, CHANCELLOR OF UNIVERSITIES OF KERALA SRI.S.KRISHNAMOORTHY, CGC SRI.T.B.HOOD, SPL.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2024, ALONG WITH WP(C).35785/2022 AND CONNECTED CASES, THE COURT ON 25.01.2024 DELIVERED THE FOLLOWING: -3- W.P(C) Nos.34848 of 2022 & connected cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 25[TH] DAY OF JANUARY 2024 / 5TH MAGHA, 1945 WP(C) NO. 35005 OF 2022** ## **PETITIONER:** M.K. JAYARAJ AGED 61 YEARS S/O. KUNJUKUTTAN EZHUTHACHAN, VICE CHANCELLOR, UNIVERSITY OF CALICUT, RESIDING AT 'VAISHAKAM', JUDGE MUK', THRIKKAKKARA, COCHIN - 21. BY ADVS. M.SASINDRAN S.SHYAM KUMAR ## **RESPONDENTS:** 1 THE CHANCELLOR, UNIVERSITY OF CALICUT, KERALA RAJ BHAVAN, THIRUVANANTHAPURAM - 695 001. 2 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3 UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, THENJIPALAM, MALAPPURAM DISTRICT - 673 635. 4 UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS SECRETARY -4- W.P(C) Nos.34848 of 2022 & connected cases NEW DELHI - 110 001. BY ADVS. K.JAJU BABU (SR.) ADVOCATE GENERAL OFFICE KERALA SRI.S.KRISHNAMOORTHY, CGC M.U.VIJAYALAKSHMI S.GOPAKUMARAN NAIR (SR.) S.PRASANTH, SC, CHANCELLOR OF UNIVERSITIES OF KERALA SHRI.T.B.HOOD, SPL.G.P. TO A.G.() SMT.ASHA TREESA JOSE REPRESENTING SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 15.01.2024, ALONG WITH WP(C).34848/2022 AND CONNECTED CASES, THE COURT ON 25.01.2024 DELIVERED THE FOLLOWING: -5- W.P(C) Nos.34848 of 2022 & connected cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 25[TH] DAY OF JANUARY 2024 / 5TH MAGHA, 1945 WP(C) NO. 35785 OF 2022** ## **PETITIONER:** DR.SAJI GOPINATH AGED 56 YEARS S/O. V. GOPINATHAN NAIR, RESIDING AT KARTHIKA, C.P NAGAR-14, MUTTADA P.O., THIRUVANANTHAPURAM-695025, PRESENTLY SERVING AS THE VICE CHANCELLOR, KERALA UNIVERSITY OF DIGITAL SCIENCES, INNOVATION AND TECHNOLOGY, TECHNOLOGY, MANGALAPURAM, THIRUVANANTHAPURAM - 695317. BY ADVS. K.M.GEORGE CHITHRA P.GEORGE KALACHUDAN G JOSE K.JOSEPH ## **RESPONDENTS:** 1 THE CHANCELLOR INNOVATION AND TECHNOLOGY, TECHNOLOGY, MANGALAPURAM, THIRUVANANTHAPURAM - 695317. 2 THE PRINCIPAL SECRETARY TO GOVERNOR & CHANCELLOR, KERALA RAJ BHAVAN, THIRUVANANTHAPURAM-695099. 3 KERALA UNIVERSITY OF DIGITAL SCIENCES, INNOVATION AND TECHNOLOGY, -6- ## W.P(C) Nos.34848 of 2022 & connected cases REPRESENTED BY ITS REGISTRAR, MANGALAPURAM, THIRUVANANTHAPURAM - 695317. 4 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF ELECTRONICS AND INFORMATION TECHNOLOGY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 5 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 ADDL.R6. UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002, REPRESENTED BY ITS CHAIRMAN [IS SUO MOTU IMPLEADED AS PER ORDER DATED 19.09.2023 IN WP(C)35785/2022]. BY ADVS. S.PRASANTH Pirappancode V.S.Sudheer V.S No Advocate S.GOPAKUMARAN NAIR (SR.) AKASH S.(K/980/2008) GIRISH KUMAR M S(K/001593/2018) V.S.VARALEKSHMI(K/000910/2019) SRI.T.B.HOOB, SPL.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 15.01.2024, ALONG WITH WP(C).34848/2022 AND CONNECTED CASES, THE COURT ON 25.01.2024 DELIVERED THE FOLLOWING: -7- W.P(C) Nos.34848 of 2022 & connected cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 25[TH] DAY OF JANUARY 2024 / 5TH MAGHA, 1945 WP(C) NO. 35802 OF 2022** ## **PETITIONER:** DR. P.M.MUBARAK PASHA AGED 61 YEARS VICE CHANCELLOR, SREENARAYANA OPEN UNIVERSITY, SON OF LATEMOULAVIP.MOHAMMED EDASSERY, KUREEPUZHA, KOLLAM-691601 RESIDING AT THE PETALINE, KARALIPARAMBU, EAST NELLUR, FEROKE P.O., KOZHIKODE DISTRICT-673631. BY ADVS. P.SANJAY A.PARVATHI MENON P.A.MOHAMMED ASLAM KIRAN NARAYANAN PRASOON SUNNY RAHUL RAJ P. AMRUTHA M. NAIR ## **RESPONDENT S:** 1 STATE OF KERALA REPRESENTED BY SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THRIVANANTHAPURAM PIN 695001. 2 THE CHANCELLOR, SREENARAYANA OPEN UNIVERSITY, RAJ BHAVAN, THIRUVANANTHAPURAM-695001. 3 PRINCIPAL SECRETARY TO GOVERNOR, -8- W.P(C) Nos.34848 of 2022 & connected cases KERALA RAJ BHAVAN, THIRUVANANTHAPURAM, PIN 695001. 4 SREENARAYANA OPEN UNIVERSITY REPRESENTED BY REGISTRAR, SREENARAYANA OPEN UNIVERSITY, UNIVERSITY BUILDING, KUREEPUZHA, KOLLAM, PIN-691601. ADDL.R5 THE UNIVERSITY GRANTS COMMISSION (UGC), BAHADUR SHAH ZAFARMARG, NEW DELHI- 110002, REPRESENTED BY ITS CHAIRMAN (IS IMPLEADED AS ADDL.R5 AS PER ORDER IN IA NO.1/2023 DATED 25.1.2024) BY ADVS. S.GOPAKUMARAN NAIR (SR.) P.C.SASIDHARAN No Advocate S.PRASANTH, SC, CHANCELLOR OF UNIVERSITIES OF KERALA S. Krishnamoorthy S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 17.01.2024, ALONG WITH WP(C).34848/2022 AND CONNECTED CASES, THE COURT ON 25.01.2024 DELIVERED THE FOLLOWING: -9- W.P(C) Nos.34848 of 2022 & connected cases ## **MOHAMMED NIAS C.P., J.** **- - - - - - - - - - - - - - - - - - - - -** **W.P(C) Nos. 34848 of 2022, 35005 of 2022, 35785 of 2022 & 35802 of 2022** - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25[th] day of January, 2024 ## **JUDGMENT** The Vice Chancellors of Sree Sankaracharya University of Sanskrit, Kalady, University of Calicut, Kerala University of Digital Sciences, Innovation and Technology & Sree Narayana Open University have filed these writ petitions challenging the show cause notices issued to them on behalf of the Chancellor based on the judgment of the Supreme Court in **Professor (Dr) Sreejith P.S. v. Dr Rajasree M.S. and others** [2022 SCC OnLine SC 1473 = 2022 (6) KLT 147], relying on the earlier judgments of the Supreme Court in **Gambhirdan K. Gadhvi v. State of Gujarat and Others** [(2022) 5 SCC 179] and **State of West Bengal v. Anindya Sundar Das and others** [ AIR 2022 SC 4902 = 2022 SCC OnLine SC 1382]. The show cause notices required the petitioners to show cause their legal right to hold the office of the Vice Chancellor and why their appointments should not be declared illegal and void -10- ## W.P(C) Nos.34848 of 2022 & connected cases ab initio. The relevant details of the writ petitions are tabulated as hereunder: |Sl.<br>No.|WP(C)Nos.|Filed By|Date of<br>appointment|Date of issuance<br>Show cause<br>notice| |---|---|---|---|---| |1|WP(C) 34848/2022|DR. M.V.NARAYANAN<br>VICE CHANCELLOR, SREE<br>SANKARACHARYA<br>UNIVERSITY OF SANSKRIT,<br>KALADY|07.03.2022|24.10.2022<br>[P8]| |2|WP(C) 35005/2022|M.K. JAYARAJ<br>VICE CHANCELLOR,<br>UNIVERSITY OF CALICUT|11.07.2020|24.10.2022<br>[P6]| |3|WP(C) 35785/2022|DR.SAJI GOPINATH<br>THE VICE-CHANCELLOR,<br>KERALA UNIVERSITY OF<br>DIGITAL SCIENCES,<br>INNOVATION AND<br>TECHNOLOGY|06.07.2020|25.10.2022<br>[P6]| |4|WP(C) 35802/2022|DR.P.M.MUBARAK PASHA<br>VICE CHANCELLOR,<br>SREE NARAYANA OPEN<br>UNIVERSITY|13.10.2020|25.10.2022<br>[P4]| WP(C) 27176/2020 writ petition filed by Dr P.G.Romeo, seeking a writ of quo warranto against Vice Chancellor, Sree Narayana Open University. WP(C) 335/2023 writ petition filed by Dr. Muhammedali, seeking a quo warranto against Vice Chancellor, University of Calicut. WP(C) 703/2023 writ petition filed by Prof. Dr. N. -11- W.P(C) Nos.34848 of 2022 & connected cases Prasantha Kumar, seeking a quo warranto against Vice Chancellor, Sree Sankaracharya University of Sanskrit, Kalady. These writ petitions are also filed based on the declaration of law in **Dr Rajasree** ’s case. 2. This Court, by order dated 3.11.2022 in these writ petitions, noticed the submission of the learned counsel for the Chancellor that the deadline for the petitioners to make their explanations had been extended. The learned counsel for the petitioners also wanted an opportunity to file their explanations against the show notice. Accordingly, this Court extended the time for filing objections against the impugned show cause notices until 7.11.2022 with the liberty to seek a personal hearing. Later, an order was passed on 8.11.2022, noting that the petitioners had filed their objections before the Chancellor and sought an opportunity for a hearing. Accordingly, this Court adjourned the matters and directed that the final order of the Chancellor shall not be issued until these writ petitions are finally disposed of. 3. As aforesaid, the Chancellor issued the show cause notice relying upon the judgment in **Dr Rajasree M.S. and others** (supra), which had relied on two other earlier judgments of the Supreme Court. The Supreme Court in **Dr Rajasree M.S. and others** (supra) held in unmistakable terms that the UGC Regulations were applicable as regards the appointment of the Vice Chancellor in the Universities in the State and that it shall be as per the -12- W.P(C) Nos.34848 of 2022 & connected cases relevant provisions of the UGC Regulations amended from time-to-time. Further, the Apex Court held that any appointment as a Vice Chancellor contrary to provisions of the UGC Regulations is bad, and a writ of quo warranto can be issued. It was also held that the UGC Regulations shall become part of the Statute framed by the Parliament and will prevail. The submission on behalf of the State that unless the State specifically adopts the UGC Regulations, the UGC Regulations will not be applicable, and the State legislation shall prevail, was not accepted. In the facts of that case, it was found that the Search Committee was not duly constituted going by the Regulations, _inter alia_ , found that the members of the Search Committee are given the privilege and honour of selecting and suggesting names for the appointment of Vice Chancellor and therefore, the Search Committee had to be duly constituted. As aforesaid, the solitary premise of which the Chancellor had issued the notice was the judgment in **Dr Rajasree M.S. and others** (supra). Though the declaration of law in the said judgment is binding on all, a factual adjudication is required to determine whether the Vice Chancellors' appointment in the instant case was in terms of the relevant UGC Regulations as applicable at the time of their appointments. 4. The learned counsel appearing for the petitioners raised contentions about the legality of the show cause notices and the jurisdiction to issue the same. I do not intend to decide the same in these writ petitions given the fact that the petitioners have already filed their objections to the show -13- ## W.P(C) Nos.34848 of 2022 & connected cases cause notice and in view of the orders referred above dated 3.11.2022 and 8.11.2022 passed by this Court in these writ petitions. While considering the objections filed by the Vice Chancellors, the Chancellor shall separately deal with the question of the legality of the show cause notices issued and also on merits on the constitution of the Search Committee and whether the appointments are in terms of the applicable UGC Regulations. 5. Accordingly, these writ petitions are ordered directing the Chancellor to consider the objections filed by the petitioners and decide on the legality/jurisdiction to issue the show cause notices as well as on the merits of the alleged violation of the UGC Regulations in terms of the law laid down in **Rajasree’s case** (supra). The above exercise shall be completed within six weeks from the date of receipt of a copy of this judgment. Needless to say, the petitioners will be afforded a reasonable opportunity for hearing, and they will cooperate to decide the issue within the time fixed by this Court. WP(C)Nos.34848 of 2022, 35005 of 2022, 35785 of 2022 and 35802 of 2022 are disposed of as above. After pronouncing the above judgment, the learned counsel for the petitioners made a request to give a breathing time to challenge in case adverse orders are passed against them. The request appears to be reasonable, taking note of the fact that all along there were interim orders in -14- W.P(C) Nos.34848 of 2022 & connected cases favour of the petitioners. Accordingly, it is directed that the orders to be passed by the Chancellor will not be given effect to for a period of ten days from the date of passing of the order. **Sd/-** **MOHAMMED NIAS C.P.** **JUDGE** dlk/23.1.2024 -15- ## W.P(C) Nos.34848 of 2022 & connected cases ## **APPENDIX OF WP(C) 34848/2022** PETITIONER'S EXHIBITS |EXHIBIT P1|A TRUE COPY OF THE NOTIFICATION, DATED 02.09.2021| |---|---| ||ISSUED BY THE GOVERNOR'S SECRETARIAT KERALA RAJ| ||BHAVAN| |EXHIBIT P2|A TRUE COPY OF THE NOTIFICATION DATED 05.11.2021| ||ISSUED BY THE GOVERNOR'S SECRETARIAT KERALA RAJ| ||BHAVAN| |EXHIBIT P3|A TRUE COPY OF THE NOTIFICATION, DATED 09.09.2021,| ||ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO| ||GOVERNMENT, HIGHER EDUCATION DEPARTMENT| |EXHIBIT P4|A TRUE COPY OF THE APPLICATION, DATED 01.10.2021| ||PREFERRED BY THE PETITIONER| |EXHIBIT P5|A TRUE COPY OF THE NOTIFICATION, DATED 07.03.2022| ||OF APPOINTMENT OF THE PETITIONER| |EXHIBIT P6|A TRUE COPY OF THE COMMUNICATION, DATED 23.10.2022| ||ISSUED BY THE SECRETARY TO GOVERNOR| |EXHIBIT P7|A TRUE COPY OF THE JUDGMENT, DATED 24.10.2022 IN| ||WP(C) 33823 OF 2022 AND CONNECTED CASES| |EXHIBIT P8|A TRUE COPY OF THE SHOW CAUSE NOTICE, DATED| ||24.10.2022 ISSUED FROM THE OFFICE OF THE 1ST| ||RESPONDENT| |EXHIBIT P9|A TRUE COPY OF THE MINUTES, DATED 06.12.2021 OF| ||THE MEETING OF SEARCH-CUM-SELECTION COMMITTEE| -16- ## W.P(C) Nos.34848 of 2022 & connected cases ## **APPENDIX OF WP(C) 35005/2022** PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RELEVANT EXTRACT OF THE UGC REGULATION OF MINIMUM QUALIFICATION FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTENANCE OF THE STANDARDS AND HIGHER EDUCATION 2018. EXHIBIT P2 A TRUE COPY OF THE ORDER NO. GS3-1120/2019(5) DATED 11.07.2020 ISSUED ON BEHALF OF THE CHANCELLOR. EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 21.10.2022 IN CIVIL APPEAL NOS. 7634-7635/2022 OF THE SUPREME COURT. EXHIBIT P4 A TRUE COPY OF THE ORDER NO.GS6-1225/22 DATED 23.10.2022 ISSUED BY THE PRINCIPAL SECRETARY TO THE GOVERNOR. EXHIBIT P5 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 24-10-2022 IN W.P.(C)NO. 33822 OF 2022. EXHIBIT P6 A TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE FIRST RESPONDENT DATED 24-10-2022. -17- ## W.P(C) Nos.34848 of 2022 & connected cases ## **APPENDIX OF WP(C) 35785/2022** PETITIONER'S EXHIBITS |EXHIBIT P1|TRUE COPY OF THE B.TECH. DEGREE CERTIFICATE WITH| |---|---| ||FIRST CLASS AND DISTINCTION ISSUED TO THE| ||PETITIONER BY THE UNIVERSITY OF KERALA DATED| ||06.06.1989.| |EXHIBIT P1A|TRUE COPY OF THE NIL DATED BEST OUTGOING STUDENT| ||AWARD ISSUED TO THE PETITIONER FOR THE YEAR 1988| ||BY THE ALUMNI ASSOCIATION, COLLEGE OF ENGINEERING,| ||TRIVANDRUM.| |EXHIBIT P1B|TRUE COPY OF THE PETITIONER'S M.TECH DEGREE WITH| ||FIRST CLASS AND DISTINCTION ISSUED BY THE INDIAN| ||INSTITUTE OF SCIENCE, BANGALORE, DATED 14.03.1992.| |EXHIBIT P1C|TRUE COPY OF THE BEST M.TECH. STUDENT IN| ||MANAGEMENT STUDIES ISSUED TO THE PETITIONER BY THE| ||INDIAN INSTITUTE OF SCIENCE, BANGALORE, DATED| ||02.03.1993.| |EXHIBIT P1D|TRUE COPY OF THE PH.D. DEGREE AWARDED TO THE| ||PETITIONER BY THE INDIAN INSTITUTE OF SCIENCE,| ||BANGALORE, DATED 22.07.2000.| |EXHIBIT P2|TRUE COPY OF THE APPOINTMENT NOTIFICATION NO. GS3-| ||1835/2020 ISSUED BY THE 2ND RESPONDENT ON BEHALF| ||OF THE 1ST RESPONDENT DATED 6TH JULY, 2020.| |EXHIBIT P3|TRUE COPY OF THE INVITATION LETTER DATED| ||16.09.2020 ISSUED BY THE 4TH RESPONDENT TO THE| ||DIRECTOR, INDIAN INSTITUTE OF MANAGEMENT,| ||KOZHIKODE.| |EXHIBIT P3A|TRUE COPY OF THE RELIEVING ORDER 29-101(A-| ||042)/2020-IIMK.HR DATED 27.10.2020 ISSUED BY| ||INDIAN INSTITUTE OF MANAGEMENT, KOZHIKODE.| |EXHIBIT P4|TRUE COPY OF THE RELEVANT PAGES OF PROVISIONS OF| ||THE KERALA UNIVERSITY OF DIGITAL SCIENCES,| -18- ## W.P(C) Nos.34848 of 2022 & connected cases ||INNOVATION AND TECHNOLOGY ACT, 2021, NOTIFIED VIDE| |---|---| ||NO.1118/LEG. 12/2020/LAW. ON 30.10.2021.| |EXHIBIT P5|TRUE COPY OF THE U.G.C. APPROVAL LETTER BEARING| ||NO. F.9-5/2020 (CPP-I/PU) DATED 17.02.2021 ISSUED| ||BY UGC TO THE PETITIONER.| |EXHIBIT P5A|TRUE COPY OF THE U.G.C. APPROVAL LETTER BEARING| ||NO.F.9-5/2020 (CPP-I/PU) DATED 22.03.2021 ISSUED| ||BY UGC TO THE 3RD RESPONDENT.| |EXHIBIT P5B|TRUE COPY OF THE U.G.C. APPROVAL LETTER BEARING| ||NO.F.9-5/2020 (CPP-I/PU) DATED 17.08.2021 ISSUED| ||BY UGC TO THE 3RD RESPONDENT.| |EXHIBIT P5C|TRUE COPY OF THE U.G.C. APPROVAL LETTER BEARING| ||NO.F.9-5/2020 (CPP-I/PU) DATED 08.03.2022 ISSUED| ||BY UGC TO THE 3RD RESPONDENT.| |EXHIBIT P5D|TRUE COPY OF THE APPLICATION NO. KUDSIT/06/AD| ||A1/2021 DATED 31.05.2022 SUBMITTED TO THE| ||SECRETARY GENERAL, ASSOCIATION OF INDIAN| ||UNIVERSITIES, SEEKING MEMBERSHIP WITH THE| ||ASSOCIATION OF INDIAN UNIVERSITIES.| |EXHIBIT P6|TRUE COPY OF THE SHOW CAUSE NOTICE BEARING NO.GS6-| ||1225/2022 DATED 25.10.2022, ISSUED BY THE 2ND| ||RESPONDENT ON BEHALF OF THE 1ST RESPONDENT TO THE| ||PETITIONER.| |EXHIBIT P7|TRUE COPY OF THE PRINTOUT OF THE PERSONAL SHOW| ||CAUSE NOTICE TWEETED USING THE TWITTER HANDLE OF| ||KERALA GOVERNOR, THE 1ST RESPONDENT, DATED| ||25.10.2022| |EXHIBIT P8|TRUE COPY OF THE REPLY TO EXHIBIT-P6 SHOW CAUSE| ||NOTICE DATED 04.11.2022 WITHOUT ENCLOSURES,| ||FURNISHED BY THE PETITIONER TO THE 1ST RESPONDENT| ||THROUGH THE 2ND RESPONDENT.| |EXHIBIT P9|TRUE COPY OF RELEVANT PAGES OF ORDINANCE NO.9 OF| ||2020 THE KERALA UNIVERSITY OF DIGITAL SCIENCES| ||INNOVATION AND TECHNOLOGY ORDINANCE, 2020, DATED| -19- ## W.P(C) Nos.34848 of 2022 & connected cases 18/01/2020 EXHIBIT P10 TRUE COPY OF RELEVANT PAGES OF THE SOBAN SINGH JEENA UNIVERSITY ACT, 2019 EXHIBIT P11 TRUE COPY OF RELEVANT PAGES OF THE KOTHARI COMMISSION REPORT PUBLISHED BY THE MINISTRY OF EDUCATION, 1964 -20- ## W.P(C) Nos.34848 of 2022 & connected cases ## **APPENDIX OF WP(C) 35802/2022** ## PETITIONER'S EXHIBITS |EXHIBIT P1|A LIST OF AWARDS AND COMMENDATIONS TOGETHER WITH A| |---|---| ||LIST OF POSITIONS AND PUBLICATIONS OF PETITIONER.| |EXHIBIT P2|TRUE COPY OF THE APPOINTMENT LETTER NO. GS3-| ||2850/2020 DATED 13.10.20.| |EXHIBIT P3|TRUE COPY OF THE APPROVAL LETTER F.NO. 9-| ||17(2020(CPP-1/PU DATED 07-05-2021.| |EXHIBIT P4|TRUE COPY OF THE SHOW CASE NOTICE NO. GS6-| ||1225/2022 DATED 25.10.2022 ISSUED BY THE 3RD| ||RESPONDENT AT THE INSTANCE OF THE SECOND| ||RESPONDENT.| |EXHIBIT P5|TRUE COPY OF THE JUDGMENT IN SLP NO. 21108-21109| ||OF 2021 DATED 21-10-2022.| |EXHIBIT P6|TRUE COPY OF THE COMMUNICATION NO. GS6-1225/2022| ||RECEIVED BY THE PETITIONER DATED 1.11.22 FROM THE| ||3RD RESPONDENT OFFERING AN OPPORTUNITY FOR| ||PERSONAL HEARING ON THE MATTER.| |EXHIBIT P7|TRUE COPY OF THE REPLY DATED 04-11-2022 GIVEN BY| ||THE PETITIONER.| |EXHIBIT P8|TRUE COPY OF THE SCREEN SHOT OF THE TWEET.| -21- W.P(C) Nos.34848 of 2022 & connected cases