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High Court of KeralaWP(C)/16266/2015disposed of

Akhiljith T.S v. Vice Chancellor

2015-06-02Honourable Mr. Justice A.V.Ramakrishna Pillai5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 WP(C).No. 16266 of 2015 (G) ---------------------------- PETITIONER(S) :

--------------- AKHILJITH T.S., AGED 20 YEARS, UNIVERSITY UNION COUNCILOR (2013-2014), ST. THOMAS ARTS AND SCIENCE COLLEGE, PUTHENCURIZ, ERNAKULAM (DIST), S/O. T.K.SUKUMARAN, RESIDING AT THANNIKKAPARAMBIL HOUSE, KARIMUGAL, PUTHENCURIZ P.O., ERNAKULAM DIST, PIN-682 308. BY ADV. SRI.GEORGE JOSEPH.

RESPONDENT(S) :

---------------

1. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM-686 560.

2. MAHATMA GANDHI UNIVERSITY, REP BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM-686 560.

3. RETURNING OFFICER, ELECTION TO THE SENATE, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM-686 560.

BY SRI.VARUGHESE M.EASO, S.C., M.G.UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 16266 of 2015 (G) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ EXHIBIT P1- TRUE COPY OF THE IDENTITY CARD AS A UNIVERSITY UNION COUNCILOR ISSUED TO THE PETITIONER BY THE MAHATMA GANDHI UNIVERSITY.

EXHIBIT P2- TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 30-04-2015 FOR THE RECONSTITUTION OF THE SENATE, 2015 OF THE MAHATMA GANDHI UNIVERSITY.

EXHIBIT P3- TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 07-05-2015 SUBMITTED TO THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM-686 560.

RESPONDENT(S)' EXHIBITS :

---------------------- NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- -------------------------------------- Dated this the 2nd day of June, 2015.

JUDGMENT

Alleging that the Vice Chancellor of the respondent University has not taken any action on the representation submitted by the petitioner, the petitioner has approached this Court.

2.

The petitioner is a University Union Councilor of St. Thomas Arts and Science College, Puthencuriz, Ernakulam, which is affiliated to the Mahatma Gandhi University, Kottayam. The petitioner's serial number is 68 in the General Council of the University Union of the Mahatma Gandhi University. The petitioner alleges that the term of the senate of the M.G.University is already over and it decided to conduct the election to the Senate from the respective constituencies. But no notification has been issued to conduct the election to the senate for the year 2015 from the constituency of General Council of the University Union 2013-2014. It is further

-2alleged that one of the authority of the university is senate. It is necessary under Section 18(1) of the M.G. University Act, 1985 to reconstitute the senate. Section 17, Elected members

(12) of the Act says that 15 members elected by the members of the general council of the university union from among full time students, of whom one shall be a post graduate student, one shall be research scholar, one shall be the student of a professional college, 5 shall be lady students, one shall be a member of a scheduled caste and one shall be a member of a scheduled tribe. The petitioner submitted a representation to the Vice Chancellor, M.G.University on 7.5.2015. That representation was not yet disposed.

3.

I have heard the learned counsel for the petitioner and the learned Standing Counsel for the University in the matter.

As the learned counsel for the petitioner confined his argument to the limited prayer for a direction to the Vice Chancellor to dispose of Ext.P3 representation within a time

-3frame, the writ petition is disposed of directing the first respondent to consider and pass appropriate orders on Ext.P3, after affording the petitioner and the affected parties an opportunity of being heard, within a period of 45 days from the date of receipt of a copy of this judgment. To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as the copy of this judgment before the first respondent at the earliest.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.