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17. The aforesaid stand in the counter affidavit cannot be accepted. There is no requirement either in the Act or in the Statute that a person once nominated in a particular capacity cannot be nominated again in another capacity. A perusal of the Statute 11 makes it clear that the nomination is to be made in a particular category by rotation according to the seniority, obviously, in that category. If a person is nominated by virtue of his seniority in one category, in the absence of any stipulation that he cannot be nominated again in other capacity, such a person is to be nominated in any other category if the occasion so arises. It is true that Dr. M. Ramadass had been nominated in the category of Statute 11(1)(iv) as the Head of the Department, but that would not stand in a way of Dr. M. Ramadass being nominated in another category if he happens to be the senior most in another category when the occasion so arises. Therefore, if Dr. M. Ramadass, by virtue of his seniority as a Professor, is entitled to be nominated from the category of "Professor, who is not a Dean or Head", such nomination cannot be denied merely because he had been nominated earlier in some other capacity. The question for consideration is whether Dr. M. Ramadass had been nominated earlier in his capacity as Professor who is not a Head. The nomination of respondent No.6 therefore appears to be against Statute 11(1)(v).

25. The aforesaid analysis makes it clear that the nomination of respondents 5 to 8 are not justified. Accordingly, such nominations are quashed and steps should be taken by end of April, 2002 to make fresh nominations in accordance with Statutes 11(1)(iv) to (vii) in accordance with the principles indicated above. It is made clear that Professor Dr. S.A. Abbasi, Dr. M. Ramadass, Dr. K.A. Gunasekaran and Dr. S.S.Sundaravel are eligible in the respective categories coming under Statute 11(1)(iv), (v), (vi) and (vii) and if there is no other eligible person senior to them in their respective category, they should be nominated. In view of the statement of the learned Advocate General that nomination in the categories under Statute 11(1)(ii) and (iii) is to be made very soon, no specific direction is required in respect of those categories. The resolutions of the Executive Council adopted before or during the pendency of the writ petitions may be given effect to unless otherwise directed by the reconstituted Executive Council. Subject to the aforesaid observation, both the writ petitions are allowed to the extent indicated. No costs.