Quashing The Appointment Of MG University VC: Kerala HC Issues Fresh Order On Realizing That It Had Referred To An Overruled Judgment [Read Judgment]

Kerala High Court, on Thursday, recalled its judgment rendered on Monday, when it had quashed Dr. Babu Sebastian’s appointment as Mahatma Gandhi University’s Vice-Chancellor.The Bench comprising Chief Justice Antony Dominic and Justice Dama Seshadri Naidu issued a fresh judgment after realizing that it had extensively referred to the Madras High Court's judgment in the case of K. Kerala High Court, on Thursday, recalled its judgment rendered on Monday, when it had quashed Dr. Babu Sebastian’s appointment as Mahatma Gandhi University’s Vice-Chancellor. The Bench comprising Chief Justice Antony Dominic and Justice Dama Seshadri Naidu issued a fresh judgment after realizing that it had extensively referred to the Madras High Court's judgment in the case of K. V. Jeyaraj v. Chancellor of Universities, which had already been overruled by the Supreme Court. The challenge The Court was hearing a Petition filed by an environmentalist, Mr. Premkumar, who had alleged that despite not having the requisite qualifications to hold the post, Dr. Sebastian had managed to "to sneak into the post of the Vice Chancellor of Mahatma Gandhi University, misusing the cloud commanded by him in the corridors of power". However, while cancelling the appointment, the Court clarified that the decisions taken by Dr. Sebastian during his tenure would stand, observing, "Dr. Babu Sebastian has held, all along, in these three and half years, the pivotal post of Vice Chancellor.