Dr. Asheref Illiyan v. Kannur University and Vice Chancellor, Kannur University

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Amit Rawal
Judgment Date: 2021-03-22
Court Decision / Holding: Writ petition dismissed.
Final Disposition: Writ petition dismissed.

Parties to the Case

Appellants / Petitioners

Dr. Asheref Illiyan

Respondents

Kannur University represented by its Registrar, Thevakkara, Civil Station P.O., Kannur, Pin-670 002; Vice Chancellor, Kannur University, Thevakkara, Civil Station P.O., Kannur, Pin-670002

Legal Representation & Advocates

Counsels for Petitioners

• Sri C. Mohammed Musthafa
• Sri Binish Mathew

Counsels for Respondents

• Sri Sasindran, Standing Counsel, Kannur University

Case Synopsis & Summary

The case concerns a writ petition filed by Dr. Asheref Illiyan challenging the Kannur University’s selection process for the post of Registrar, notified on 15 June 2019. The petitioner, a distinguished economist with first rank in his postgraduate program, UGC qualifications, a PhD from Jamia Millia Islamia, and over 17 years of teaching and administrative experience, contends that the University introduced additional qualifications through an interview memo (Ext. P12) that were not in the original notification (Ext. P1). He argues that altering the criteria mid‑stream is unlawful, unjust, and improper and that his own credentials meet the stated minimums. The University maintains that the notification set the minimum qualifications and that the selection committee, on 16 October 2019, found four candidates, none of whom satisfied the five‑year administrative experience requirement; it is alleged that the University did not change criteria during the process. The Syndicate subsequently approved the selection recommendations and amended the Kannur University Ordinance to reflect the qualification for Registrar; Chancellor approval was sought. The court cites a Supreme Court ruling that candidates cannot challenge the selection process after participating, on grounds of estoppel and waiver, and held that the petition did not disclose any wholly erroneous or arbitrary process warranting interference. Consequently, the petition is dismissed, reaffirming deference to the selection process absent clear arbitrariness.

Provisions of Law Cited

UGC Regulations 2018Right to Information Act, 2005Kannur University Ordinance (amendment) regarding Registrar qualifications

Legal Doctrines & Maxims

Estoppel
Waiver

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Ext. P1 notification prescribed minimum qualifications, but Ext. P12 interview memo added further qualifications beyond Ext. P1. He argues this mid‑process alteration violates law and settled principles, is unjust, and prevents fair consideration despite his extensive credentials (top rank in Economics, JRF, UGC eligibility, PhD, and 17+ years of teaching/administrative experience). He sought quashing of Ext. P12 and a fair assessment under Ext. P1 parameters.

Contentions of Respondents

The respondents submit that no appointment resulted because none of the four interviewed candidates met the five‑year administrative experience criterion. They deny any mid‑stream change in criteria. The Syndicate approved the selection recommendations and amended the Kannur University Ordinance; Chancellor approval was sought, and the University re‑notified when needed. The respondents rely on the principle that courts should not substitute their judgement for the selection committee absent wholly arbitrary or erroneous processes, citing Supreme Court precedent to uphold the process.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
D. Sarojakumari v. R. Helen Thilakom and Others	2017 (9) SCC 478	Positive	The court cited this Supreme Court decision to hold that candidates who participate in a selection process cannot challenge the process or the selection committee on grounds of non‑selection; estoppel/waiver apply, supporting non‑interference absent clear arbitrariness.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943** ## **WP(C).No.4312 OF 2020(L)** ## **PETITIONER/S:** **DR. ASHEREF ILLIYAN AGED 46 YEARS S/O MUHAMMED ILLIAYAN, MALIYEKA PARAMBIL HOUSE, KUZHIMANNA P.O.673 639 ,MALAPPURAM DISTRICT, KERALA STATE.** **BY ADVS. SRI.C.MOHAMMED MUSTHAFA SRI.BINISH MATHEW** ## **RESPONDENT/S:** **1 KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, THEVAKKAARA, CIVIL STATION P.O.KANNUR,PIN-670 002. 2 VICE CHANCELLOR, KANNUR UNIVERSITY, THEVAKKAARA, CIVIL STATION P.O.KANNUR,PIN-670002.** **R1 BY SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.4312 OF 2020(L)** **2** ## **JUDGMENT** ## **Dated this the 22nd day of March 2021** The petitioner challenges the selection process for the post of Registrar, University of Kannur, vide notification dated 15.6.2019 on various grounds. The respondents issued notification for filling up the post of Registrar in the University of Kannur vide notification dated 15.6.2019. In pursuance of Ext.P1 notification, the petitioner submitted an application. The prescribed minimum qualification for the said post was a first or second class post Graduate degree and 5 years teaching experience at University level and about five years of administrative experience in a responsible post including management of staff in a University or College or education Department or similar Institution. The petitioner is a post graduation holder with first rank in the Discipline of Economics from the University of Calicut. He has qualified Junior Research Fellowship (JRF) and Eligibility for lectureship test of UGC and has completed his doctorate in the topic 'An Economic Analysis of Performance of Engineering Goods Industry in India (1975-2015)' from Jamia Millia Islamia, New Delhi, a Central University. Also has teaching experience of more than seventeen (17) years. Acquired varied **WP(C).No.4312 OF 2020(L)** **3** administrative experiences and managed large number of staffs/ students under various capacities. In support of the aforementioned submissions, learned Counsel appearing for the petitioner drew the attention of this Court to Exts.P6, P6 (a), P7, P7 (a), P8, P9, P10(a), P10 (b) etc. According to the petitioner, the act of the respondent University in adding further qualifications required in Ext.P12 interview memo than that in Ext.P1 notification is against law and settled principles and is unjust and improper. 2. On the other hand, learned Counsel for the respondent opposed the writ petition citing that the selection process did not result into any appointment as no suitable candidate was found. The selection committee meeting held on 16.10.2019 interviewed four candidates for the post of Registrar and found that none of the candidates who appeared for the interview were qualified and the reason were spelt out in Ext.P2. petitioner, was not qualified as he did not have five years of administrative experience in a responsible post including Management of staff in University or College or Education Department or similar institutions. University did not change the criteria of selection in the midst of selection process as alleged by the petitioner. It is submitted that the Syndicate of the University by resolution vide item No.2019.666 dated 26.10.2019 has **WP(C).No.4312 OF 2020(L)** **4** approved the recommendations of the selection committee and further resolved to amend the Kannur University Ordinance with regard to the qualification for the post of Registrar. The proposal of the above amendment was placed before the Hon'ble Chancellor for approval. A report was also submitted before the Chancellor intimating that the selection committee constituted for appointment to the post of Registrar had recommended to re-notify the post of Registrar of the University as none of the candidates appeared ,for the interview, were found to be qualified for the post. 3 I have heard learned Counsel for the parties and appraised the paper books. 4. In view of the dictum laid down by the Hon'ble Supreme Court in **D.Sarojakumari** v. **R.Helen Thilakom and Others** [2017 (9) SCC 478], candidates participated in selection process cannot subsequently turn around and question the selection process or constitution of selection committee on account that he was not selected as it would be amount to estoppel and waiver. Candidates have right of consideration but not appointment. This court cannot assume the role of the selection committee to decide credentials of the candidates until and unless the selection process is found to be wholly erroneous and arbitrary. None of the **WP(C).No.4312 OF 2020(L)** **5** aforementioned conditions have surfaced or pointed out warranting interference in the present case. The writ petition is dismissed. ## **Sd/** **AMIT RAWAL** **JUDGE** **Jm/** **WP(C).No.4312 OF 2020(L)** **6** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 THE TRUE COPY OF THE NOTIFICATION FOR THE POST OF REGISTRAR, KANNUR UNIVERSITY DATED 15.6.2019** **EXHIBIT P2 THE TRUE COPY OF THE SCORE SHEET/RECOMMENDATION OF SELECTION COMMITTEE,, KANNUR UNIVERSITY.** **EXHIBIT P2 (A) THE TRUE COPY OF THE APPLICATION OF THE PETITIONER TO THE POST OF REGISTRAR, KANNUR UNIVERSITY DATED 30.6.2019 EXHIBIT P3 TRUE COPY OF THE PST GRADUATION AND RANK CERTIFICATE OF THE PETITIONER EXHIBIT P4 TRUE COPY OF THE DOCTORATE CERTIFICATE /PHD OF THE PETITIONER EXHIBIT P5 TRUE COPY OF THE CERTIFICATE SHOWING TEACHING EXPERIENCE OF THE PETITIONER EXHIBIT P6 TRUE COPY OF THE ORDER OF APPOINTMENT ISSUED BY OFFICE OF THE REGISTRAR, JMI TO THE PETITIONER AS HONORARY ASSISTANT DIRECTOR, CENTRE FOR INNOVATION DATED 24.5.2016 EXHIBIT P6 (A) THE TRUE COPY OF THE ORDER OF APPOINTMENT ISSUED BY OFFICE OF THE REGISTRAR, JMI AS COORDINATOR FOR CAPACITY BUILDING AND PUBLICATION DIVISION, CENTRE FOR INNOVATION AND ENTREPRENEURSHIPS JMI DATED 10.8.2015 EXHIBIT P7 TRUE COPY OF THE ORDER OF APPOINTMENT ISSUED BY OFFICE OF THE REGISTRAR, JMI TO THE PETITIONER AS CENTRAL ASSISTANT PUBLIC INFORMATION OFFICER DATED 8.12.2014 EXHIBIT P7 (a) TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE PETITIONER IN THE CAPACITY OF CENTRAL ASSISTANT PUBLIC INFORMATION OFFICER, JMI EXHIBIT P8 TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE AS SUB-COMMITTEE MEMBER OF NAAC, JMI** **WP(C).No.4312 OF 2020(L)** **7** ## **DATED 13.5.2013** **EXHIBIT P9 TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE PETITIONER AS ASSISTANT COORDINATOR B.A WITH COMPUTER APPLICATION PROGRAMME (B.A.C.A) JMI DATED 15.7.2013** - **EXHIBIT P10 TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE PETITIONER AS COORDINATOR, CAMPUS PLACEMENT, DEPARTMENT OF ECONOMICS, JMI** - **EXHIBIT P10 (A) TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE PETITIONER AS COORDINATOR, ALUMNI NET WORK, JMI** - **EXHIBIT P10 (B) TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE PETITIONER AS COORDINATOR, PUBLIC LECTURE SERIES, JMI DATED 15.7.2013** - **EXHIBIT P10 (C) TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE PETITIONER AS STUDENT ADVISOR, BA (HON) ECONOMICS, JMI** - **EXHIBIT P10 (D) TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE PETITIONER AS STANDING COMMITTEE OF SYLLABUS REVISION AND RESTRUCTURING, JMI DATED 30.7.2019** - **EXHIBIT P10 (E) TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE PETITIONER AS COORDINATOR COCOORDINATOR BA A (HON) ECONOMICS AND CBCS PROGRAMME AT UNDERGRADUATE LEVEL AT THE DEPARTMENT OF ECONOMICS, JMI DATED 26.8.2019 AND 30.7.2019** - **EXHIBIT P10 (F) TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE PETITIONER AS TIME TABLE IN CHARGE, DEPARTMENT OF ECONOMICS, JMI DATED 216.8.2019** - **EXHIBIT P10 (G) TRUE COPY OF THE EXPERIENCE CERTIFICATE OF THE PETITIONER AS MEMBER ADMISSION COMMITTEE FOR M.A ECONOMICS PROGRAMME, JMI** - **EXHIBIT P11 TRUE COPY OF THE TESTIMONIAL REGARDING THE PETITIONER ISSUED BY THE FORMER HEAD DEPARTMENT OF ECONOMICS, JMI** - **EXHIBIT P12 TRUE COPY OF THE MEMO OF INTERVIEW ISSUED** **WP(C).No.4312 OF 2020(L)** **8** **TO THE PETITIONER BY KANNUR UNIVERSITY DATED 9.10.2019** **EXHIBIT P13 TRUE COPY OF THE RIGHT TO INFORMATION QUESTIONNAIRE BY THE PETITIONER DATED 1.11.2019** - **EXHIBIT P14 TRUE COPY OF THE REPLY TO PETITIONER ISSUED BY KANNUR UNIVERSITY THROUGH RIGHT TO INFORMATION ACT DATED 6.12.2019** - **EXHIBIT P15 TRUE COPY OF THE UGC REGULATION 2018** - **EXHIBIT P16 TRUE COPY OF THE DATA SHEET ALONG WITH REMARKS MADE BY SELECTION COMMITTEE, CALICUT UNIVERSITY** - **EXHIBIT P17 TRUE COPY OF THE NOTIFICATION FOR THE POST OF CONTROLLER OF EXAMINATION, KANNUR UNIVERSITY DATED 15.6.2016** - **EXHIBIT P18 TRUE COPY OF THE INTERVIEW MEMO TO DR. VINCENT P J FOR THE CONTROLLER OF EXAMINATION , KANNUR UNIVERSITY** - **EXHIBIT P19 THE TRUE COPY OF THE CERTIFICATE BELONGING TO DR. VINCENT PJ WITH RELATION TO HIS EXPERIENCE AS NSS PROGRAMME OFFICER AT UNIVERSITY OF CALICUT** - **EXHIBIT P19 (A) THE TRUE COPY OF THE CERTIFICATE BELONGING TO DR. VINCENT PJ WITH RELATION TO HIS EXPERIENCE AS NSS PROGRAMME OFFICER 19.6.2006 TO 30.6.2010** - **EXHIBIT P19 (B) THE TRUE COPY OF THE CERTIFICATE WITH RELATION TO VINCENT PJ AS THE SPECIAL OFFICER FROM 22.10.2013 TO 13.8.2014 AT GOVERNMENT ARTS AND SCIENCE COLLECT, THALASSERY** - **EXHIBIT P19 (C) THE TRUE COPY OF THE CERTIFICATE WITH RELATION TO DR.VINCENT P J ACTING AS RESOURCE PERSON FOR TRAINING OF OFFICIALS AT LEGISLATIVE SECRETARIAT AND OTHER GOVERNMENT DEPARTMENTS** - **EXHIBIT P19 (D) THE TRUE COPY OF THE CERTIFICATE WITH RELATION TO THE LECTURES CONDUCTED BY DR.** **WP(C).No.4312 OF 2020(L)** **9** **VINCENT P J WHO WAS THE PRESS SECRETARY TO HON'BLE SPEAKER, KERALA DATED 15.5.2019** **EXHIBIT P19 (E) THE TRUE COPY CERTIFICATE WITH RELATION TO DR. VINCENT P J AS RESOURCE PERSON OF THE CERTIFICATE COURSE IN PARLIAMENTARY PRACTICE AND PROCEDURE CONDUCTED BY THE CENTRE FOR PARLIAMENTARY STUDIES AND HAS GIVEN TRAINING FOR THE EARS 2016-17,2017-18 AND 2018-19 WHO WAS THE PRESS SECRETARY TO HON'BLE SPEAKER, KERALA DATED 15.5.2019 EXHIBIT P19 (F) THE TRUE COPY OF THE CERTIFICATE WITH RELATION TO DR. VINCENT P J ACTED AS RESOURCE PERSON FOR CERTIFICATE COURSE IN PARLIAMENTARY PRACTICE AND PROCEDURE CONDUCTED BY THE CENBTRE FOR PARLIAMENTARY STUDIES AND TRAINING ON MODEL ASSEMBLY FOR SCHOOL/COLLEGE DATED 15.5.2019** **EXHIBIT P20 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE GOVERNOR DATED 1.11.2019 EXHIBIT P21 TRUE COPY OF THE REPLY OF THE VICE CHANCELLOR OF KANNUR UNIVERSITY SENT BY GOVERNOR OFFICE TO THE PETITIONER THROUGH MAIL ON 16.1.2020**