Kerala High Court
Muhammed Muhsin vs University Of Calicut on 24 January, 2020
Author: S.V.Bhatti
Bench: S.V.Bhatti
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
FRIDAY, THE 24TH DAY OF JANUARY 2020 / 4TH MAGHA, 1941
WP(C).No.34279 OF 2019(H)
PETITIONER/S:
1 MUHAMMED MUHSIN
AGED 20 YEARS
S/O. SIDDHIQUE, UNIVERSITY UNION COUNCILOR, GOLDEN HILLS
ARTS AND SCIENCE COLLEGE, KODUVALLY, KOZHIKODE-673 572.
2 MUHAMMED SHIYAS
AGED 20 YEARS
S/O. KUNJAMMED, UNIVERSITY UNION COUNCILOR, SILVER
ARTS AND SCIENCE COLLEGE, PERAMBRA, KOZHIKODE-673 525.
3 MUHAMMED SHABEEH P.N.
AGED 20 YEARS
S/O. BASHEER P.N., UNIVERSITY UNION COUNCILLOR, AV
ABDURAHIMAN HAJI MEMORIAL ARTS AND SCIENCE COLLEGE,
PAYYOLI, KOZHIKODE-673 522.
BY ADVS.
SRI.G.SHRIKUMAR (SR.)
SRI.E.C.AHAMED FAZIL
SRI.S.KABEER
SRI.P.E.SAJAL
RESPONDENT/S:
1 UNIVERSITY OF CALICUT
CALICUT UNIVERSITY POST, THENIPALAM, MALAPPURAM
DISTRICT-673 635 REPRESENTED BY ITS REGISTRAR.
2 THE REGISTRAR
CALICUT UNIVERSITY POST, THENIPALAM, MALAPPURAM
DISTRICT-673 635.
W.P.(C) No.34279, 34445 & 35833/2019
-2-
3 THE DEAN OF STUDENTS WELFARE
CALICUT UNIVERSITY POST, THENIPALAM, MALAPPURAM
DISTRICT-673 635.
R1-2 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-
2020, ALONG WITH WP(C).34445/2019(E), WP(C).35833/2019(D), THE COURT ON 14-
01-2020 DELIVERED THE FOLLOWING:
W.P.(C) No.34279, 34445 & 35833/2019
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
FRIDAY, THE 24TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
WP(C).No.34445 OF 2019(E)
PETITIONER/S:
1 HILAL SHAN K,
AGED 20 YEARS
S/O.ABDUL SALAM, UNIVERSITY UNION COUNCILOR, AVAH ARTS
AND SCIENCE COLLEGE, PAYYOLI, KOZHIKODE- 673524.
2 FARHAN.K.,
AGED 20 YEARS
S/O.FIROZ.K, UNIVERSITY UNION COUNCILOR, K.M.O ARTS AND
SCIENCE COLLEGE, KODUVALLY, KOZHIKODE- 673525.
BY ADVS.
SRI.H.NUJUMUDEEN
SRI.K.SUDHINKUMAR
SRI.GEORGE POONTHOTTAM (SR.)
RESPONDENT/S:
1 UNIVERSITY OF CALICUT
CALICUT UNIVERSITY POST, THENHIPALAM, MALAPPURAM
DISTRICT- 673635, REPRESENTED BY ITS REGISTRAR.
2 THE REGISTRAR,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY POST,
THENHIPALAM, MALAPPURAM DISTRICT- 673635.
W.P.(C) No.34279, 34445 & 35833/2019
-4-
3 THE DEAN OF STUDENTS WELFARE,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY POST,
THENIPALAM, MALAPPURAM DISTRICT- 673635.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-
2020, ALONG WITH WP(C).34279/2019(H), WP(C).35833/2019(D), THE COURT ON 14-
01-2020 DELIVERED THE FOLLOWING:
W.P.(C) No.34279, 34445 & 35833/2019
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
FRIDAY, THE 24TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
WP(C).No.35833 OF 2019(D)
PETITIONER/S:
1 MUHAMMED ASIF P.K.
AGED 20 YEARS
S/O. KUNJMUHAMMED, UNIVERSITY UNION COUNCILOR,
DARUNNUJOOM ARTS AND SCIENCE COLLEGE, PERAMBRA,
KOZHIKODE-673525.
2 MUFAS MUHAMMED K P
AGED 20 YEARS
S/O. SALAM, UNIVERSITY UNION COUNCILOR,
SAFI INSTITUTE OF ADVANCE STUDIES, VAZHAYUR, KOZHIKODE-
673633.
BY ADV. SRI.V.A.AJMAL
RESPONDENT/S:
1 UNIVERSITY OF CALICUT
THENJIPALAM, MALAPPURAM DISTRICT-673635, REPRESENTED BY
ITS REGISTRAR.
2 THE REGISTRAR,
UNIVERSITY OF CALICUT, THENJIPALAM, MALAPPURAM DISTRICT-
673635.
3 THE DEAN STUDENTS WELFARE
UNIVERSITY OF CALICUT, THENJIPALAM, MALAPPURAM DISTRICT-
673635.
W.P.(C) No.34279, 34445 & 35833/2019
-6-
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-
2020, ALONG WITH WP(C).34279/2019(H), WP(C).34445/2019(E), THE COURT ON 14-
01-2020 DELIVERED THE FOLLOWING:
W.P.(C) No.34279, 34445 & 35833/2019
-7-
JUDGMENT
[ WP(C).34279/2019, WP(C).34445/2019, WP(C).35833/2019 ] Dated this the 14th day of January 2020 Heard learned Senior Advocates George Poonthottam and G. Sreekumar for petitioners and Advocate P.C. Sasidharan for Calicut University.
2. The prayers in these three writ petitions are similar and the grounds of challenge are substantially identical. The writ petitions are heard together and this Court is of the view that the consideration of pleadings and prayer in W.P.(C) No.34279 of 2019 and the contentions raised by the Senior Counsel would be sufficient for disposing of all the three writ petitions.
W.P.(C) No.34279, 34445 & 35833/2019 -8- W.P.(C) No.34279 of 2019
3. The petitioners are students and also Elected University Union Councillors from their respective colleges where the petitioners are studying. The colleges in which the petitioners are studying are un-aided and affiliated to University of Calicut/1st respondent. The petitioners pray for writ of certiorari to quash Ext.P3 and declare Article VI(B)(v) of Constitution of the Calicut University Union (Ext.P3) as illegal and violative of Article 14 of Constitution of India. Petitioners pray for consequential relief of quashing Ext.P7 schedule issued by 1st respondent University for conducting Calicut University Union Election 2019-20.
4. The petitioners were elected as University Union Councillors in the elections held as per the election schedule in Ext.P1. Ext.P1 is traceable to the resolution approved by the Syndicate of 1st respondent vide Resolution No.50 dated W.P.(C) No.34279, 34445 & 35833/2019 -9- 24.05.1980. The office bearers, i.e., Chairman, Vice Chairman etc, were elected by the members (University Union Councillors from respective affiliated Colleges) of the General Council. The Executive Committee of University Union is elected from members of General Council, ensuring representation of one member from each revenue district. According to Ext.P1, except for the post of five members there is no election to Executive Committee. The office bearers are elected by the Executive Committee. According to Exts.P1 and P2 no distinction or discrimination is recognized between the constituents of University Union i.e., Government colleges, Aided colleges and Un-aided colleges of University Union. The power of Syndicate to carryout amendments is traceable to Article X of Ext.P2 which reads as follows:
"Any amendments to this Constitution can be made by the Syndicate of the University."
W.P.(C) No.34279, 34445 & 35833/2019 -10-
5. Ext.P3 copy of approved resolution of 1 st respondent University dated 03.12.2019 has revised Ext.P2 resolution dated 24.05.1980. In other words, has put in place the present arrangement with completely new arrangement by constituting Executive Council. Ext.P3 is unsustainable and contrary to Calicut University (Conduct of Election to Various Authorities or Bodies) First Statutes 1975. The gist of amendment introduced to Ext.P2 is that Ext.P3 treats similarly situated or equals dis-similarly, and in a discriminatory manner. The discrimination pointed out is, the constituent colleges are segregated on the basis of Government colleges, Aided colleges and Unaided/approved colleges. Ext.P3 denies right of petitioners who are members of University Union from being enrolled on electoral rolls and also to vote to elect office bearers of Executive Council. The office bearers of University Union are elected by members of Executive Council instead of General W.P.(C) No.34279, 34445 & 35833/2019 -11- Council.
6. The present system introduced through Ext.P3 limits the membership to Executive Council to University Union Councillors elected from Government colleges, Aided colleges, university teaching departments and Union Territory of Lakshadweep. The membership to Executive Council of University Union Councillors from Un-aided colleges is restricted to three members from one Revenue District who are elected from respective zones. Ext.P3 introduced Zonal Council wherein Speaker is elected from respective zones. The changes introduced through Ext.P3 are contrary to Ext.P2 and Calicut University (Conduct of Elections to Various Authorities or Bodies) First Statues 1975. Article VI(B)(v) of Ext.P3 restricts right of University Union Councillor elected from affiliated/unaided colleges to vote in Executive Council. The classification between Government colleges, University colleges W.P.(C) No.34279, 34445 & 35833/2019 -12- etc on one hand and affiliated but Un-aided colleges on other hand is unavailable both in law and fact. Under University Statutes the classification of Government colleges, Aided colleges and Un-aided colleges is not recognized and available so much so the Syndicate can't introduce these artificial classification for enrollment of Executive Council.
7. Therefore the classification of Government colleges on one hand and affiliated/Unaided colleges on the other hand is discriminatory and Article VI(B)(v) of Ext.P3 is violative of Article 14 of Constitution of India. Ext.P3 is contrary to Section 27 of Calicut University (Conduct of Elections to Various Authorities or Bodies) First Statutes 1975. According to Section 27 the electoral roll contains the name and college address of all members of General Council of the University Union. In Ext.P3 electoral roll is not prepared, right of Councillors elected in University Union to vote in Executive Council is taken away. W.P.(C) No.34279, 34445 & 35833/2019 -13- Ext.P3 is contrary to Lyngdoh Commission Report. The resolution of Syndicate dated 03.12.2019 does not take note of dissent recorded by Dr.Rasheed Ahammed P., a member of the Syndicate. Article VI(B)(v) of Ext.P3 belies the spirit of democratic process of election to various statutory and administrative bodies of Council constituted and working in 1st respondent University.
8. The petitioners rely on a few decisions including the judgment of Division Bench of this Court in University of Kerala v. Sankaran Nampoothiry1 and Rajendran v. University of Calicut 2; Abdul Salam V.H. (Prof.Dr.) v. University of Calicut 3 and Dr. M.Jeevan Lal v. University of Kerala4 for the proposition that the elected representatives from all colleges must be equally given participation.
1 2005 KHC 39 2 2005 KHC 1450 3 2013 KHC 3328 4 Judgment dated 06.12.2017 in W.P.(C) No.36172/2017 W.P.(C) No.34279, 34445 & 35833/2019 -14-
9. The 1st respondent University filed statement in W.P. (C) No.34279 of 2019 and produced the copies of report of sub- committee etc relating to the decision of Syndicate in Ext.P3 dated 03.12.2019. Article VI(B)(v) aims at giving representation in Executive Council of Calicut University to all the University Union Councillors excluding University Union Councillors elected from Government colleges, aided colleges, university teaching departments and off-campus centres. The mistake in the drafting of Article VI(B)(v) is not serious and the Syndicate in its next meeting can address the mistake in drafting, if any, in Ext.P3. According to the said clause, University Union Elected Councillors constitute one group except candidates coming under the scope of Article VI(B)(i), (ii), (iii) and (iv) from each zone.
W.P.(C) No.34279, 34445 & 35833/2019 -15-
10. It is also averred that there are 42 Government colleges, 60 Aided colleges and University Union Campus of University Teaching Department, 3 off-Campus Centres in Lakshadweep Union Territory are under the administrative control of 1st respondent University. There are 313 Arts & Science, Law, Arabic, B.Ed. etc 11 Self-Financing Teacher Education Centres and 12 Self-Financing University managed colleges are functioning within the administrative and territorial jurisdiction of 1st respondent University. It is averred that from among 90,000 students 159 University Union Councillors are elected for the first four groups of colleges. 345 University Union Councillors from 1,20,000 students studying in un-aided sector. The colleges with few student strength are also getting opportunity of participation in the bodies constituted under the Act. Petitioners who are elected W.P.(C) No.34279, 34445 & 35833/2019 -16- Councillors continue to be members of General Council. The University with a view to provide adequate representation to the students studying in Government and Aided Colleges, University Union Teaching Department and Off-campus, introduced the present modification in the applicable by-laws.
11. The amendment is made for the better interest of student community as a whole and main stream students are brought as Union Councillors in the Executive Council. The University Act, Statutes etc distinguish or discern separately Government, aided Colleges and un-aided Colleges. The definition of all the three categories is dealt with in the University Act. The petitioners do not have fundamental or statutory right to be included in Executive Council. The election is not regulated by Section 27 of Calicut University First Statutes and the wrong provision is quoted. The petitioners neither have fundamental nor statutory right to seek inclusion W.P.(C) No.34279, 34445 & 35833/2019 -17- in Executive Council for any purpose. The respondents pray for dismissing the writ petition.
12. Learned Senior Advocates appearing for petitioners argued that the resolution of Syndicate dated 03.12.2019 is illegal and takes away the rights recognized in Ext.P2. The Syndicate resolution dated 03.12.2019 either bars or denies the participation by unaided and affiliated colleges of respondent University. The petitioners who were elected in the respective colleges are expecting right of inclusion in Executive Council as well and the denial thereof is contrary to Calicut University Act and the Calicut University (Conduct of Elections to Various Authorities or Bodies) First Statutes 1975. The treatment to colleges on the basis of Government colleges, Unaided/affiliated etc is irrational and there is no object sought to be achieved through such classification and the classification is discriminatory. The petitioners are entitled to represent in the W.P.(C) No.34279, 34445 & 35833/2019 -18- Executive Council constituted through the resolution of Syndicate dated 03.12.2019.
13. Advocate P.C. Sasidharan argues that the posts granted to petitioners as elected representatives from the respective colleges in other authorities or bodies is not denied through Syndicate resolution dated 03.12.2019 and also other bodies to which they are entitled to. The Calicut University Act 1975 defines Government colleges, Aided affiliated colleges, Unaided affiliated colleges, etc. The Executive Council is constituted to perform the functions in cultural, sports activities, argues under the aegis of University. The petitioners being representatives from the college are not denied any other right granted by Calicut University (Conduct of Elections to Various Authorities or Bodies) First Statutes 1975. The Executive Council is not one of the authorities or bodies covered by First Statutes. The petitioners do not have a right under W.P.(C) No.34279, 34445 & 35833/2019 -19- University Act, 1975 or Calicut University (Conduct of Elections to Various Authorities or Bodies) First Statutes 1975 to secure inclusion in Executive Council. The Syndicate taking note of the reports submitted by sub-committee, accepted the proposal resulting in Syndicate resolution dated 03.12.2019, Advocate P.C. Sasidharan invited attention of Court to a few important provisions in University Act, 1975 and Calicut University (Conduct of Elections to Various Authorities or Bodies) First Statutes 1975 and argued that Syndicate resolution in Ext.P3 is within the scheme of applicable law and First Statute. At the cost of repetition to emphasize the circumstances surrounding Ext.P3 resolution, he has invited my attention to the following paragraphs in the statement filed by the respondent University.
"4. It is submitted that what is intended by the clause in the byelaw is that all the University Union Councillors who are elected from all other affiliated institutions except VI(B)
(i), (ii), (iii) and (iv) from each zone will constitute one group.
W.P.(C) No.34279, 34445 & 35833/2019 -20- It is submitted that excluding the colleges in VI(b)(i), (ii), (iii) and (iv) the other colleges are self financing colleges.
5. It is submitted that there are 42 Government colleges (Arts & Science, Law, B.Ed, DSU etc), 60 Aided Colleges (Arts & Science, Arabic, B.Ed etc) and University Union Campus of University Teaching Department and three off Campus Centres in Lakshadweep under the University. In the self financing sector, it is submitted that there are 313 Arts & Science, Law, Arabic, B.Ed etc and 11 Self Financing Teacher Education Centres and 12 Self Financing University managed colleges.
6. It is submitted that 159 University Union Councillors are elected from among 90000 students of the first four groups of colleges and 345 University Union Councillors from among 120000 students studying in unaided sector. It is submitted that there is no proportionate representation of the University Union Councillors in the Executive Council.
7. It is submitted that many unaided colleges are having a very few students strength whereas a majority of students admitted on merit and studying in aided colleges are losing the proportionate representation in the Executive Council of the Calicut University Union. It is in the background that the amendment is made.
W.P.(C) No.34279, 34445 & 35833/2019 -21-
8. It is submitted that the University Union Councillors are members of the General Council. It is to bring a reasonable and adequate representation to the students undergoing studies in Government and Aided colleges, University Union Teaching Departments and Off Campus students of the University that the present modification in the bye-law is made. It is for the better interest of the students community as a whole and to bring main stream Students Union Councillor in the Executive Council that this amendment is made."
14. Therefore the challenge to resolution Ext.P3 dated 03.12.2019 of Syndicate either in law or on fact is without merit and liable to be rejected. He further states that the decisions referred to or relied on by the petitioners are distinguishable and deal with different authorities named in the Act or Statute i.e, the Senate, the Syndicate or the University College Union, but not with or relating to Executive Council. He prays for dismissing the writ petition.
W.P.(C) No.34279, 34445 & 35833/2019 -22-
15. I have perused the record and noted the arguments of counsel appearing for the parties. This Court, at the outset, observes that the petitioners in these three writ petitions, through the instant prayers, enforce a right and pray for setting aside the resolution (Ext.P3) dated 03.12.2019 to the extent covering Executive Council as discriminatory etc. Article VI of Ext.P3 denies participation in Executive Council by elected representatives of unaided/affiliated colleges. The legal grounds of challenge refer to violation of University Act 1975 and Calicut University (Conduct of Elections to Various Authorities or Bodies) First Statutes 1975. Therefore, the plea proceeds on the basis of a right, and denial of such right as discriminatory and unconstitutional.
16. The term 'right' is understood to mean that which an individual is entitled to have or to do, or to receive from others, within the limits prescribed by law. A right may be a vested or W.P.(C) No.34279, 34445 & 35833/2019 -23- accrued right or statutory right. Nature of such right depends upon the Statute on which reliance is made and perception of right varies from Statute to Statute.
17. The petitioners claim a statutory right for inclusion in Executive Council as they are elected representatives from unaided or affiliated colleges attached to 1st respondent University. To appreciate the said argument/claim of petitioners, let me first refer to relevant Sections in Calicut University Act, 1975. Chapter IV of University Act 1975 deals with authorities of the University and under Section 16 the Senate, the Syndicate, the Academic Council, the faculties, the Board of Studies, the Students Council, the Finance Committee and such other Boards or Bodies of the University as may be declared by the Statutes to be authorities of the University. Section 17 deals with the constitution of Senate and Section 19 powers and functions of Senate. Section 21 deals with W.P.(C) No.34279, 34445 & 35833/2019 -24- constitution of Syndicate, Sections 22 and 23 deals with term of members of Senate and powers of Syndicate respectively. Section 24 deals with Academic Council and Sections 25 to 27 deal with faculty, academic council, students council etc. Calicut University Act 1975. Calicut University (Conduct of Elections to Various Authorities or Bodies) First Statutes 1975 deals with constitution of different elected bodies, but does not deal with Executive Council as one of the authorities or bodies.
18. The Calicut University (Conduct of Elections to Various Authorities or Bodies) First Statutes 1975 on conduct of elections to various authorities or bodies deals with procedure for conduct of elections, procedure for election by postal ballot, procedure for election without postal ballot, procedure for the election of members to the Senate by the members of Legislative Assembly representing the Electorate of the University area and election petitions. In other words, the W.P.(C) No.34279, 34445 & 35833/2019 -25- mode, manner and the procedure in which elections to various authorities, bodies specified in the Act are conducted is stated. The petitioners in support of their claim for inclusion or participation in Executive Council have not invited my attention to a provision in University Act, 1975 or Calicut University (Conduct of Elections to Various Authorities or Bodies) First Statutes 1975 which deals with constitution, function etc of 'Executive Council'. Under Section 23 of Calicut University Act 1975 powers of Syndicate are stated. The petitioners are not disputing the competence or authority of Syndicate to make necessary amendments to the existing procedure or constitution of Executive Council. The ground of challenge is based on discrimination and that Article VI(B) is contrary to Calicut University (Conduct of Elections to Various Authorities or Bodies) First Statutes 1975. After juxtaposing Resolution No.50 dated 24.05.1980 on constitution of the Calicut W.P.(C) No.34279, 34445 & 35833/2019 -26- University Union and resolution dated 03.12.2019 it can be stated that the Syndicate through Article VI(A) stated details of General Council in which the University Union of Councillors of the college unions etc are made members and in Article VI(B) also provided for Executive Council of the Calicut University Union excluding the representatives of unaided/affiliated colleges. The Syndicate, before passing the resolution, in Ext.P3 referred the matter to a subcommittee and after receiving the report of the subcommittee, the Syndicate has taken note of the report and passed the resolution, impugned in the writ petitions.
19. The subcommittee consists of three members and one of them Dr.Rasheed Ahammed P. has written a dissent note. At best, the report dated 02.12.2019 of the subcommittee could be treated as a report with majority and minority view. The Syndicate has passed the resolution and the said view taken by W.P.(C) No.34279, 34445 & 35833/2019 -27- one of the members is of no consequence, because the Syndicate resolution is the final word on the matter. Therefore, prima facie this Court is of the view that the right claimed by the petitioners is not a right recognized under the Act or by the Calicut University (Conduct of Elections to Various Authorities or Bodies) First Statutes 1975. The right now claimed is for inclusion of petitioners and similarly situated representatives in Executive Council. In the absence of statutory guidance, the Syndicate is well within its discretion and jurisdiction to decide on the composition of one of the committees the Syndicate puts in place in University. In the absence of demonstrating a right as recognized by law the petitioners fail in their argument against the resolution impugned in the writ petition. Examined the issue from the above perspective, the ground raised by the petitioners namely, arbitrary, discriminatory etc fails and is accordingly rejected.
W.P.(C) No.34279, 34445 & 35833/2019 -28-
20. It is argued that all the colleges in the jurisdiction of Calicut University come under one class and there is nothing like aided colleges, government colleges, unaided colleges, affiliated colleges etc. Therefore, excluding unaided affiliated colleges is untenable. The argument of respondent University is that definition clause, Section 2, defines what is 'affiliated college', 'college', 'government college', 'unaided college' etc. These are treated as institutions with different connotations and meaning and the University, after taking note of the total strength of the students under its jurisdiction provided for proper and proportionate representation to the members the Syndicate thought necessary to constitute members in the Executive Council. In the view of this Court the resolution is bad on the ground that it recognizes different entities as 'affiliated', 'unaided' etc, is contrary to the scheme of the Act. W.P.(C) No.34279, 34445 & 35833/2019 -29- The reasons stated for restricting the number of constituents in Executive Council does not come within the scope of judicial review. This argument fails and this Court is of the view that the petitioners substantially pray for a direction to include the elected representatives from affiliated colleges as members of Executive Council. Grounds are not made out for such reliefs to be granted under Article 226 of Constitution of India.
21. Independent of above discussion, the claim of petitioners on its own merits is examined as follows: The petitioners except asserting that they have a right to be included in Executive Council or that a right already recognized is denied by not including them in the Executive Council, have not established either of the two claims within the four corners of law. Therefore, in the absence of establishing the right as claimed by the petitioners, the prayer if accepted, the prayer amounts to this Court granting recognition to a right and W.P.(C) No.34279, 34445 & 35833/2019 -30- directing the University to take necessary steps to include elected representatives from unaided/affiliated colleges in Executive Council. In constituting Executive Council, the University has taken the call through its Syndicate and no exception to the said decision is established by the petitioners.
22. This Court after perusing the decisions on which the petitioners rely on is of the view that the authorities/bodies which were the subject matter in those decisions are different from the composition and constitution of Executive Council created through resolution dated 03.12.2019. Therefore, further deliberation on how these decisions are distinguishable is avoided. The ratio laid down is appreciated or understood in the context in which the issues are considered in the respective judgments. This Court finds that these decisions are not applicable to the circumstances of the cases on hand. W.P.(C) No.34279, 34445 & 35833/2019 -31- For the reasons noted above, challenge to resolution dated 03.12.2019 in Ext.P3 fails. W.P.(C) No.34279 of 2019 is dismissed. Having regard to the decision in W.P.(C) No.34279 of 2019, W.P. (C) Nos.34445 and 35833 of 2019 also fail. The writ petitions are accordingly dismissed.
Sd/-
S.V.BHATTI JUDGE jjj W.P.(C) No.34279, 34445 & 35833/2019 -32- APPENDIX OF WP(C) 34279/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF COMMUNICATION NO.126582/DSW-ASST-
2/2019/ADMN DATED 22.7.2019 ISSUED BY DEAN STUDENTS WELFARE TO PRINCIPALS OF COLLEGES.
EXHIBIT P2 CONSTITUTION OF CALICUT UNIVERSITY UNION APPROVED BY SYNDICATE BY RESOLUTION NO.50 DATED 24.5.1980.
EXHIBIT P3 CONSTITUION OF CALICUT UNIVERSITY UNION AS AMENDED ON 3.12.2019.
EXHIBIT P4 TRUE COPY OF THE CALICUT UNIVERSITY (CONDUCT OF ELECTIONS TO VARIOUS AUTHORITIES OR BODIES) FIRST STATUTES, 1975.
EXHIBIT P5 TRUE COPY OF THE RELEVANT EXTRACT OF THE LYGDHO COMMISSION REPORT.
EXHIBIT P6 TRUE COPY OF THE DISSENT NOTE SUBMITTED BY DR.
RASHEED AHAMMED P, MEMBER OF SYNDICATE, CALICUT UNIVERSITY DATED 3.12.2019.
EXHIBIT P7 TRUE COPY OF THE ORDER U.O. NO.17043/2019/ADMN DATED 5.12.2019 PASSED BY DEAN, STUDENTS WELFARE, UNIVERSITY OF CALICUT ALONG WITH SCHEDULE OF ELECTION.
EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 11.11.2019 SUBMITTED BY PETITIONERS AND OTHERS BEFORE THE VICE CHANCELLOR OF UNIVERSITY OF CALICUT.
EXHIBIT P9 TRUE COPY OF THE REVISED SCHEDULE OF ELECTION TO CALICUT UNIVERSITY STUDENTS UNION 2019-20 W.P.(C) No.34279, 34445 & 35833/2019 -33- EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 26/12/2019 WITH ENGLISH TRANSLATION.
EXHIBIT P11 TRUE COPY OF THE REPLY DATED 01.01.2020 WITH ENGLISH TRANSLATION W.P.(C) No.34279, 34445 & 35833/2019 -34- APPENDIX OF WP(C) 34445/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF COMMUNICATION NO.126582/DSW-ASST-
2/2019/ADMN DATED 22.07.2019 ISSUED BY DEAN STUDENTS WELFARE TO PRINCIPALS OF COLLEGES.
EXHIBIT P2 CONSTITUTION OF CALICUT UNIVERSITY UNION APPROVED BY SYNDICATE BY RESOLUTION NO.50 DATED 24.05.1980 (RELEVANT PAGES).
EXHIBIT P3 RELEVANT PAGES CONSTITUTION OF CALICUT UNIVERSITY UNION AS AMENDED ON 03.12.2019.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE CALICUT UNIVERSITY ACT-975 CHAPTER 5.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE CALICUT UNIVERSITY FIRST STATUTES ON ELECTION, 1975 (CONDUCT OF ELECTIONS TO VARIOUS AUTHORITIES OR BODIES) FIRST STATUTES, 1975.
EXHIBIT P6 TRUE COPY OF THE RELEVANT EXTRACT OF THE LYGDHO COMMISSION REPORT.
EXHIBIT P7 TRUE COPY OF THE DISSENT NOTICE SUBMITTED BY DR.RASHEED AHAMMED P, MEMBER OF SYNDICATE, CALICUT UNIVERSITY DATED 03.12.2019.
EXHIBIT P8 TRUE COPY OF ORDER U.O.NO.17043/2019/ADMN DATED 05.12.2019 PASSED BY DEAN, STUDENTS WELFARE, UNIVERSITY OF CALICUT ALONG WITH SCHEDULE OF ELECTION.
EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 11.11.2019 SUBMITTED BY PETITIONERS AND OTHERS BEFORE THE VICE CHANCELLOR OF UNIVERSITY OF CALICUT.
W.P.(C) No.34279, 34445 & 35833/2019 -35- EXHIBIT P10 TRUE COPY OF THE REVISED SCHEDULE OF ELECTION TO CALICUT UNIVERSITY STUDENTS UNION 2019-20 EXHIBIT P11 TRUE COPY OF THE APPLICATION DATED 26/12/2019 WITH ENGLISH TRANSLATION.
EXHIBIT P12 TRUE COPY OF THE REPLY DATED 01.01.2020 WITH ENGLISH TRANSLATION EXHIBIT P13 TRUE COPY OF THE GUIDELINES FOR THE ELECTION OF EXECUTIVE COUNCIL OF CALICUT UNIVERSITY UNION EXHIBIT P14 TRUE COPY OF THE ELECTION NOTIFICATION IN THE YEAR 2018-2019 W.P.(C) No.34279, 34445 & 35833/2019 -36- APPENDIX OF WP(C) 35833/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF COMMUNICATION NO.12682/DS2-ASST-
2/2019/ADMN DATED 22.07.2019 ISSUED BY DEAN STUDENTS WELFARE TO PRINCIPALS OF COLLEGES.
EXHIBIT P2 CONSTITUTION OF CALICUT UNIVERSITY UNION APPROVED BY SYNDICATE BY RESOLUTION NO. 50 DATED 24.05.1980.
EXHIBIT P3 RELEVANT PAGES CONSTITUTION OF CALICUT UNIVERSITY UNION AS AMENDED ON 03.12.2019.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE CALICUT UNIVERSITY ACT-975 CHAPTER 5.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE CALICUT UNIVERSITY FIRST STATUTES ON ELECTION 1975(CONDUCT OF ELECTIONS TO VARIOUS AUTHORITIES OR BODIES) FIRST STATUTES, 1975.
EXHIBIT P6 TRUE COPY OF THE DISSENT NOTE SUBMITTED BY DR.
RASHEED AHAMMED P MEMBER OF SYNDICATE, CALICUT UNIVERSITY DATED 03.12.2019.
EXHIBIT P7 TRUE COPY OF ORDER U.O NO.17043/2019/ADMN DATED 05.12.2019 PASSED BY DEAN, STUDENTS WELFARE AND UNIVERSITY OF CALICUT ALONG WITH SCHEDULE OF ELECTION.
EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 11.11.2019 SUBMITTED BY PETITIONERS AND OTHERS BEFORE THE VICE CHANCELLOR OF UNIVERSITY OF CALICUT.