- (1.) The issues raised in these Original Petitions relate to the constitution of Senate of the Kerala University which is the electoral college for election to the Syndicate of the University. Therefore I consider it advantageous to have these original petitions disposed of by a common judgment.
(2.) The Senate of the Kerala University shall consist of Ex Officio members, members to be nominated by the Chancellor elected members, life members and other members as provided in S.17 of the Kerala University Act. Among the Ex Officio members, seven heads of University Departments who arc not otherwise members of the Senate are to be nominated by the Chancellor in the order of seniority by rotation. Similarly from among the Deans of the various Faculties of the University, four who are not otherwise members of the Senate are to be nominated by the Chancellor in the order of seniority by rotation. Nomination of the Heads of the Departments and four Deans of the Faculties are under challenge in O.P.X334/95. Petitioner in O.P.8334/95 is a Reader in the Department of Communication and Journalism. He claims to be the Head of that Department. It is his case that not only his department but also himself is senior enough to be nominated to the Senate as Head of the Department of Communication and Journalism. It is his further case that while nominating the seven Heads of Departments, the Chancellor has violated the mandate contained in the Act, namely, seniority and rotation. Petitioner urges that seniority of the Heads of Departments should be on the basis of the seniority of the Departments ie. the departments which were established at the earliest point of time must be considered to be senior to those which came into existence on a later date. So also the rotation made mention of in the Act should be among the departments which can claim seniority over the other. Alternatively it was urged that in case the seniority of the departments as stated above is not followed, the seniority of the individual depending on the length of service put in should be the criteria for deciding the seniority for nomination to the Senate. Learned Advocate General appearing in the case submitted that seniority of the individual has not been the criteria so far adopted for nominating the seven Heads of Departments as per the Act. In view of this submission, it can safely he taken that the basis for nominating the Heads of Departments should be the seniority of the departments with reference to the date of its establishment.
(3.) By Notification dated 19-5-1995, Chancellor nominated seven Heads of Departments to the Senate of the University as per S.17 Ex Officio Members - (13) of the Kerala University Act, 1974. Among the seven, the first three are Heads of Departments which came into existence in 1991. Persons nominated as items 4 to 6 in that Notification are Heads of Departments which came into existence in February, 1995. The 7th member nominated is the Head of the Department which was one of the earliest departments established. According to the petitioner. Heads of Departments mentioned as items 4 to 6 in the said Notification are not senior enough to be nominated to the Senate. Those Heads of Departments should have waited for some years for getting nominated to the Senate as was the case of three Heads of Departments ranked 1 to 3. In this view of the matter, it is the petitioner's case that the nomination of Heads of Departments ranked 4 to 6 in the said Notification is illegal.;