High Court Kerala High Court

Dr.K.P.Rajappan Nair vs The Cochin University Of Science … on 20 February, 2009

Kerala High Court
Dr.K.P.Rajappan Nair vs The Cochin University Of Science … on 20 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23431 of 2006(M)


1. DR.K.P.RAJAPPAN NAIR,
                      ...  Petitioner

                        Vs



1. THE COCHIN UNIVERSITY OF SCIENCE AND
                       ...       Respondent

2. THE VICE CHANCELLOR,

3. THE CONTROLLER OF EXAMINATIONS,

4. DR.V.UNNIKRISHNAN NAIR,

                For Petitioner  :SRI.PIRAPPANCODE V.S.SUDHIR

                For Respondent  :SRI.SURIN GEORGE IYPE,SC,CUSAT,COCHIN U

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :20/02/2009

 O R D E R
                         P.N.RAVINDRAN, J.
       ----------------------------------------------
                   W.P(C) No.23431 of 2006-M
       ---------------------------------------------
                Dated this the 20th February, 2009.

                          J U D G M E N T

Heard Sri.Pirappancode V.S.Sudheer, the learned counsel

appearing for the petitioner and Sri.Surin George Iype, the learned

standing counsel appearing for respondents 1 to 3.

2. The petitioner was nominated by the Vice Chancellor,

Cochin University of Science and Technology as Dean of the Faculty

of Science as per notification dated 19.4.2004. Later by Exhibit P2

notification dated 5.4.2005, the petitioner’s nomination was

revoked. He challenged it in W.P(C)No.14701 of 2005 contending

that the cancellation of his nomination is malafide. By Exhibit P6

judgment delivered on 27.9.2005, a learned Single Judge of this

Court quashed Exhibit P2 and directed the Vice Chancellor of the

University to take a fresh decision in the matter after affording the

petitioner an opportunity of being heard. Dissatisfied with Exhibit

P6, the petitioner filed a Writ Appeal. The Division Bench of this

Court by Exhibit P7 judgment dismissed the Writ Appeal. Later the

Vice Chancellor issued Exhibit P8 notice setting out the reasons

W.P(C) No.23431 of 2006-M 2

which prompted him to issue Exhibit P2. The petitioner was called

upon to submit a reply. The petitioner submitted Exhibits P9 and

P10 replies. Thereafter the Vice Chancellor issued Exhibit P11

notification dated 29.5.2006 holding that the petitioner’s

continuance as Dean of the Faculty of Science is not in the best

interests of the University. Exhibit P11 is under challenge in this

Writ Petition.

3. By Exhibit P1, the petitioner was nominated as Dean of

the Faculty of Science for a period of three years from 18.4.2004.

The said period of three years has expired and another person was

nominated as Dean of the Faculty of Science. Therefore no relief

can be granted to the petitioner by restoring him as Dean of the

Faculty of Science. The learned counsel for the petitioner submits

that the observations in Exhibit P11 cast a stigma on the petitioner

and that it will adversely affect his career. The petitioner therefore

prays that the observation in Exhibit P11 that his continuance as

Dean of the Faulty of Science is not in the best interests of the

University and the student community may be deleted.

4. The learned standing counsel appearing for the

University submits that it was the petitioner who invited the said

finding by challenging Exhibit P2. On going through the pleadings

W.P(C) No.23431 of 2006-M 3

and after hearing the learned counsel appearing on either side, I am

persuaded to hold that Exhibit P2 does not cast any stigma on the

petitioner. However having regard to the fact that the petitioner has

now retired from service, I feel that the Syndicate of the University

should examine whether the observations against the petitioner in

Exhibit P9 should be vacated. I notice that the petitioner has already

submitted Exhibit P12 representation before the Registrar of the

Cochin University of Science and Technology requesting that the

findings against him in Exhibit P11 may be withdrawn. The

Registrar of the University shall within three months from today

place the original of Exhibit P12 before the Syndicate of the

University and the Syndicate shall consider the same and take a

decision as to whether the adverse findings against the petitioner in

Exhibit P11 should stand deleted or not.

The Writ Petition is disposed of as above.

Sd/-

P.N.RAVINDRAN
JUDGE

//True Copy//

PA to Judge
ab