Dr. K. Sivaprasad, Professor vs State Of Kerala, Represented By The … on 14 July, 2025

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Anil K. Narendran, J.

These writ appeals filed under Section 5(i) of the Kerala High

Court Act, 1958, arise out of the judgment dated 19.05.2025 of

the learned Single Judge in W.P.(C)No.42527 of 2024 and that

dated 19.05.2025 in W.P.(C)No.42637 of 2024. The appellant in

W.A.No.1160 of 2025 is the 1st respondent in W.P.(C)No.42527 of

2024 and the appellant in W.A.No.1181 of 2025 is the 3rd

respondent in that writ petition. The appellant in W.A.No.1165 of

2025 is the 1st respondent in W.P.(C)No.42637 of 2024 and the

appellant in W.A.No.1180 of 2025 is the 3rd respondent in that writ

petition.

2. W.P.(C)No.42527 of 2024 was filed by the State of

Kerala, the 1st respondent in W.A.Nos.1160 of 2025 and 1181 of

2025, invoking the writ jurisdiction of this Court under Article 226

of the Constitution of India seeking a writ of certiorari to quash

Ext.P9 notification dated 27.11.2024 issued by the 1st respondent

in that writ petition (the appellant in W.A.No.1160 of 2025),

namely, the Chancellor, APJ Abdul Kalam Technological University,

in exercise of the powers conferred by the provisions of APJ Abdul
2025:KER:51557

W.A.Nos.1165, 1160, 1181

Kalam Technological University Act, 2015, read with University

Grants Commission Regulations on Minimum Qualifications for

Appointment of Teachers and other Academic Staff in Universities

and Colleges and other Measures for the Maintenance of

Standards in Higher Education, 2018. By Ext.P9 notification it was

ordered that, pending the appointment of a person as Vice-

Chancellor of APJ Abdul Kalam Technological University, on regular

basis, the 3rd respondent in W.P.(C)No.42527 of 2024 (the

appellant in W.A.No.1180 of 2025), who was working as Professor,

Department of Ship Technology, Cochin University of Science and

Technology, shall exercise the powers and perform the duties of

the Vice-Chancellor, APJ Abdul Kalam Technological University,

with immediate effect, until further orders. In W.P.(C)No.42527 of

2024, the petitioner has also sought for a declaration that Ext.P9

notification dated 27.11.2024 issued by the 1st respondent

Chancellor ordering the 3rd respondent to exercise the powers and

functions of the Vice-Chancellor of the 2nd respondent University

is arbitrary, illegal and contrary to the statutory mandate of

Section 13(7) of the APJ Abdul Kalam Technological University Act,

2015; and a writ of mandamus commanding the 1 st respondent
2025:KER:51557

W.A.Nos.1165, 1160, 1181

Chancellor to make appointment to exercise the powers and

discharge the functions of APJ Abdul Kalam Technological

University, till a regular Vice-Chancellor takes charge, from the

panel forwarded by the State Government as per Ext.P4 letter

dated 09.10.2024 to the Additional Chief Secretary to the

Governor of Kerala, in accordance with Section 13(7) of APJ Abdul

Kalam Technological University Act, 2015.



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