High Court of KeralaWP(C)/13482/2015disposed of

Balan K.A v. The Chancellor, Nuals

2015-11-18Honourable Mr.Justice A.M.Shaffique4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 13482 of 2015 (I) -------------------------------------- PETITIONER(S):

---------------------- BALAN K.A, ADVOCATE, ROHINI, C.C.43/208-B, POWATHIL ROAD, AYYAPPANKAVU, ERNAKULAM NORTH P.O, COCHIN-682018.

BY ADV. SRI.JOHNSON MANAYANI RESPONDENT(S):

------------------------ * 1. THE CHANCELLOR, THE NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES (NUALS) OFFICE OF THE HON'BLE CHIEF JUSTICE HIGH COURT OF KERALA COCHIN - 682 031. (DELETED) R1 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 28.04.2015 IN IA.5711/2015

2. BAR COUNCIL OF KERALA, REPRESENTED BY ITS SECRETARY, BAR COUNCIL BHAVAN, HIGH COURT OF KERALA CAMPUS, COCHIN-682 031.

3. BAR COUNCIL OF KERALA TRUST, REPRESENTED BY ITS MANAGING TRUSTEE, BAR COUNCIL BHAVAN, HIGH COURT OF KERALA CAMPUS, COCHIN-682 031.

4. THE NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES, REPRESENTED BY THE REGISTRAR, NUALS CAMPUS, HMT COLONY, P.O.KALAMASSERY, COCHIN-683 503.

5. DR. N.NARAYANAN NAIR, MANAGING TRUSTEE, BAR COUNCIL OF KERALA TRUST, RESIDING AT KERALA LAW ACADEMY LAW COLLEGE COTTAGE, PEROORKADA P.O, THIRUVANANTHAPURAM-695 005.

6. MRS. K.B.SONY, ADVOCATE RESIDING AT 'KEERTHANAM', KEERTHY NAGAR, KALOOR KOCHI-682 017.

R1 BY ADVS. SRI.GRASHIOUS KURIAKOSE (SR.) SRI.T.T.RAKESH BY DR.PAULY MATHEW MURICKEN R6 BY ADVS. SRI.NAGARAJ NARAYANAN SMT.AMALA EDWARD SRI.BENOJ C AUGUSTIN SRI.PRATHAP PILLAI SRI.C.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 13482 of 2015 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE LETTER NO.KBC/TRUST/276/2015 DATED 12.02.2015 OF THE SECRETARY, BAR COUNCIL OF KERALA. EXT.P2 - TRUE COPY OF THE DRAFT OF A LETTER DATED 09.11.2012 SUBMITTED BY THE PETITIONER BEFORE THE REGISTRAR, NUALS. EXT.P3 - TRUE COPY OF THE LETTER DATED 25.02.2014 SUBMITTED BEFORE THE REGISTRAR NUALS.

EXT.P4 - TRUE COPY OF THE COVERING LETTER DATED 25.02.2014 ADDRESSED TO THE HON'BLE CHANCELLOR.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.M.SHAFFIQUE, J * * * * * * * * * * * * W.P.C.No.13482 of 2015 ---------------------------------------- Dated this the 18th day of November 2015

J U D G M E N T

Petitioner challenges Ext.P1 by which the Bar Council of Kerala Trust has withdrawn his nomination to the General Council of National University of Advanced Legal Studies. It is not in dispute that the period of nomination of the petitioner has already expired and therefore there is no reason to consider the issue on merits.

However, the learned counsel for the petitioner submits that the statement that the petitioner was not functioning in the interest of NUALS causes blemish to his character and reputation and therefore the same is required to be set aside. 3.

No counter affidavit has been filed in the case. 4.

Taking into consideration the fact that the period of nomination has already expired, I am of the view that the statement in the resolution shall not be regarded as any blemish

W.P.C.No.13482/2015 to the character and reputation of the petitioner for future appointments.

With the above observation, this writ petition is closed. (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr