Kerala High Court Refuses To Stay Nominations By Chancellor To Senate Of Kerala University

The Kerala High Court has refused to stay the nominations by the Chancellor of the Kerala University to its Senate. The Court has refused to stay the nominations made by Governor Arif Mohammed Khan after four of his nominations were challenged by other students, and the previous nominations were struck down by the Court citing violation of Section 17 of the Kerala University Act, 1974.

The Bench of Justice Ziyad Rahaman AA refused to stay the nominations after finding that the nominations were made from the panel of candidates forwarded by the Vice Chancellor of the University.

Senior Advocate Elvin Peter PJ appeared for the Petitioners while Senior Advocate P Sreekumar appeared for the Chancellor and Senior Advocate George Poonthottam appeared for the nominated candidates. 

The Court had earlier directed the Chancellor to produce the records on the basis of which assessments of the relative merits of the candidates were made. "I have carefully perused the same, and prima facie, I do not find any reasons to interfere with the nominations made by the 1st respondent, by way of an interim order. It is seen from the records that all the persons nominated were included in the panel of candidates forwarded by the Vice Chancellor of the University. In such circumstances, I do not find any necessity to pass an interim order in this case", the Court held. 

The Petitioners claimed to be students of outstanding academic ability and contended that the Chancellor does not have absolute unbridled power to nominate students to the Senate as per Section 17 of the Kerala University Act, 1974.

The Petitioners contended that in the earlier round of litigation, the Court had held that though the Chancellor may collect the names of students with outstanding academic ability, he should nominate only students who have proven academic ability as compared to the others. "In other words, this Hon'ble Court declared that when a particular student is nominated as member of the Senate under the provision referred to above it should demonstrate that the said student was of outstanding academic ability when compared to others", Petitioners contended. 

The Petitioners also contended that the students who secured ranks have to be treated as of outstanding academic ability compared to the present nominees who have not secured any rank in their academic careers. 

The Court had directed Respondents to file their statements and has adjourned the case to August 16.

Cause Title: Arunima Ashok & Ors. v. The Chancellor, University of Kerala (WP(c) No. 25146 of 2024)

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