Dr. Laxmi v Central University of Kerala & Ors.

W. P. (C) No. 13183/2023 ..1.. ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **THURSDAY, THE 1[ST] DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 WP(C) NO. 13183 OF 2023** ## **PETITIONER:** ## **DR. LAXMI, AGED 45 YEARS,** **D/O. GIRIJA, ASSISTANT PROFESSOR, THE CENTRAL UNIVERSITY OF KERALA, DEPARTMENT OF SOCIAL WORK, TEJESWINI HILLS, PERIYA P.O., KASARAGOD, PIN – 671316.** **BY ADVS.M/S.K.JAYESH MOHANKUMAR, PUSHPARAJAN KODOTH, VANDANA MENON & VIMAL VIJAY** ## **RESPONDENTS:** - **1 THE CENTRAL UNIVERSITY OF KERALA, REPRESENTED BY ITS VICE CHANCELLOR, TEJESWINI HILLS, PERIYA P.O., KASARAGOD, PIN – 671316.** - **2 THE CENTRAL UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, TEJESWINI HILLS, PERIYA P.O., KASARAGOD, PIN – 671316.** - **3 THE UNIVERSITY GRANTS COMMISSION (UGC), REPRESENTED BY ITS SECRETARY BAHADUR SHAH ZAFAR MARG, NEW DELHI, PIN – 110002.** - **4 DR. NAGALINGAM,** **ASSISTANT PROFESSOR, DEPARTMENT OF SOCIAL WORK, AMARKANT TRIBAL UNIVERSITY, MADHYA PRADESH, PIN – 484886.** W. P. (C) No. 13183/2023 **==> picture [19 x 7] intentionally omitted <==** **ADV. SRI. K.RAMAKUMAR (SR.)ALONG WITH ADV.SRI.S. M. PRASANTH, FOR R1 & R2 SRI. T.RAMPRASAD UNNI, SC FOR R-3 SRI. P.SREEKUMAR,SC FOR R-4, ADVD. M/S. S. KRISHNAMOORTHY, HELEN P.A.,STEPHANIE SHARON, ATHUL ROY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) No. 13183/2023 ..3.. ## MOHAMMED NIAS C. P. , J. ========================= W. P. (C) No. 13183 of 2023 ========================= Dated this the 1[st] day of February, 2024 ## J U D G M E N T The petitioner and the 4[th] respondent participated in the selection process for appointment to the post of Associate Professor in the Department of Social Work issued by the 1[st] respondent University. Ext.P-3 is the notification dated 25.10.2021. The eligibility, stipulated as per the University Grants Commission (UGC) Regulations, 2018, are as follows: “ _i. Good academic record with a Ph.D. Degree in the concerned/allied/relevant disciplines._ _ii. A Master's Degree with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed)._ _iii. A minimum of eight years of experience of teaching and/or research in an academic/research position equivalent to that of Assistant Professor in a University, College or Accredited Research Institution/Industry with a minimum of seven publications in the peer reviewed/UGC listed journals and a total research score of Seventy Five (75) as per the criteria given in Appendix III, Table 2.”_ W. P. (C) No. 13183/2023 **==> picture [19 x 9] intentionally omitted <==** 2. The petitioner would allege that the 4[th] respondent did not have the requisite eight years of teaching experience and did not have seven publications in the peer-reviewed/UGC-listed journals. The petitioner contends that the publications of the 4th respondent are not in tune with the public notice issued by the UGC (Ext.P-4 dated 16.9.2019); since the publications do not figure in the UGC-approved list of journals, the same should not have been reckoned. 3. The petitioner had earlier approached this Court by filing WP(C). No.25548/2022 impugning the appointment of the 3[rd] respondent therein/4[th] respondent herein on the ground that the journals acclaimed by the 4[th] respondent are not indexed in the 'UGC CARE' list. This Court, by judgment dated 27.10.2022, directed the University to consider the rival contentions and to take a decision on the same. Accordingly, Ext.P-14 order was passed on 28.2.2023, which is under challenge in this Writ Petition. The petitioner also prays for quashing Ext.P-6 insofar as it selected the 4[th] respondent. A mandamus to appoint the petitioner is also sought. W. P. (C) No. 13183/2023 **==> picture [18 x 9] intentionally omitted <==** 4. The learned counsel for the petitioner submits that, none of the publications of the 4[th] respondent figure in the 'UGC CARE' list and the journals which he claims have been removed from the UGC domain. This submission is based on Ext.P-14. It is also submitted that the petitioner is fully qualified to be appointed as Associate Professor while the 4[th] respondent is not. 5. The Central University has filed a counter affidavit stating that the 4[th] respondent has the sufficient number of publications in the UGC list of journals, including in the peer-reviewed journals. It is also found that the 4[th] respondent has eight years of experience in the UGC pay scale. The contention that the 4[th] respondent has not published seven articles in UGC CARE Listed journals is denied. It is also pointed out that the prayers sought by the petitioner cannot be granted in the exercise of the powers under Article 226 of the Constitution of India and that Ext.P14 is an order that has been passed after due application of mind to the relevant issues and no fault can be attributed to the same. W. P. (C) No. 13183/2023 ..6.. 6. The 4[th] respondent, the selectee, has also filed a counter affidavit producing documents to show his credentials. The 4[th] respondent asserted that he has one publication in the UGC CARE journal, four in the UGC listed journals and three in the peer-reviewed journals and that the UGC Regulations even now refer to peer-reviewed or UGC-listed journals. It is also stated that the 4[th] respondent has been selected pursuant to a proper selection process after verification of the eligibility as per the UGC norms and that, he had already joined duty. 7. Heard Sri. Jayesh Mohankumar, learned counsel appearing for the petitioner, Sri.K.Ramakumar, learned senior counsel instructed by Sri.S.M.Prasanth, learned counsel appearing for R-1 & R-2 (The Central University of Kerala), Sri.T.Ramprasad Unni, learned Standing Counsel for the University Grants Commission, appearing for R-3 and Sri.P.Sreekumar, learned counsel appearing for R-4. 8. The learned counsel for the petitioner, Sri. Jayesh Mohankumar reiterated the contentions stated in the Writ Petition and also pointed out that as per the public notice issued by the UGC, only those journals W. P. (C) No. 13183/2023 ..7.. figuring the UGC CARE list could have been reckoned. The public notice is dated 1.12.2019. Therefore, for a selection that took place after that, it could have been only on the basis of the public notice issued by the UGC. He also makes specific reference to Ext.P-15 to say that all the journals that the 4[th] respondent is relying on have been removed from the domain of the UGC. It is also submitted that the petitioner is fully qualified to be appointed as Associate Professor while the 4[th] respondent is not. 9. The learned senior counsel, Sri.K.Ramakumar, submits on behalf of the University that with respect to the prayers sought for by the petitioner, the first prayer is for quashing Ext.P-14 order, which is only a decision taken pursuant to the directions of this Court in Ext.P-11. With respect to the second prayer, the learned senior counsel argues that Ext.P-6 is only a select list and quashing of the same will not result in annulling the appointment already granted to the 4[th] respondent, and there is no prayer sought to challenge the appointment of the 4[th] respondent. As regards the third prayer, where the petitioner seeks a mandamus to appoint him, the learned senior counsel argues that no such prayer could W. P. (C) No. 13183/2023 ..8.. have been normally entertained under Article 226 as the petitioner, at most, can only be considered for selection and cannot claim appointment as of right. 10. The learned counsel, Sri.P.Sreekumar, appearing for R-4, submits that, going by the qualifications stipulated in the notification, which also mentions only the qualifications as obtained in the UGC Regulations, which speaks of the UGC CARE list or the peer-reviewed journals. He also argues that the public notice or its contents cannot be treated as having amended the 2018 Regulations, which alone is binding. He also argues that all the publications of the 4[th] respondent are before 1.12.2019; therefore, the restrictions in the public notice obviously do not apply to the 4[th] respondent. He also cites a Three Judge Bench decision of the Apex Court in the case of _**K. Kuppusamy and Ors. v. State of T.N. and Ors.** [MANU/SC/1230/1998]_ for arguing that the statutory rules cannot be overridden by executive orders or executive practice. That, till the Regulations are amended to incorporate what is stated in the public notice, the same will have no force. W. P. (C) No. 13183/2023 ..9.. 11. Having considered the rival submissions, the prayer sought for by the petitioner cannot be granted for reasons more than one. Nothing on record suggests that the publications of the 4[th] respondent do not figure in any of the UGC CARE listed journals or the peer-reviewed journals. The basis on which the petitioner challenges the appointment of the 4[th] respondent is that he did not have seven journals published in the UGC CARE list. Inasmuch as the publications of the 4[th] respondent are in tune with the stipulation in the 2018 Regulations, no illegality can be attributed or any violation as regards the publications of the 4[th] respondent. It is also relevant to note that all the publications of the 4[th] respondent are prior to 1.12.2019, much before the public notice. The public notice itself cannot be held to be mandatory as the University is to conduct the selection on the basis of UGC Regulations and not on the basis of any public notice. True, there is a laudable objective behind the issuance of public notice where the thrust is on the quality of publications. But, again, there is nothing to record to discredit any of the publications of the 4[th] respondent. The records also show that the 4[th] respondent has already been appointed; technically speaking, the W. P. (C) No. 13183/2023 ..10.. appointment of the 4[th] respondent as such has not been challenged in the Writ Petition. 12. Since I hold on merits the eligibility of the 4[th] respondent, the other contentions raised by the learned senior counsel about the impermissibility to allow the prayers sought for in the Writ Petition are not being decided. Even in Ext.P-14, the Expert Committee has considered the rival contentions on the eligibility of the 4[th] respondent. There are no materials to hold that any of the findings in Ext.P-14 are vitiated in any manner. 13. The learned senior counsel also brings to this Court's notice the Supreme Court's judgment in _**Tajvir Singh Sodhi and Ors. v. State of Jammu and Kashmir and Ors. [AIR 2023 SC 2014]**_ to submit that, while exercising the powers of judicial review, the Courts cannot step into the shoes of the Selection Committee, and the Courts would not interfere unless there are proven allegations of malfeasance or violations of statutory rules. In the absence of these, the power of the Court to interfere in the selection process is very limited. None can disagree with this W. P. (C) No. 13183/2023 ..11.. settled position. 14. Though there are allegations of malafides raised in para 12 of the Writ Petition, in the absence of those persons in the party array, I am not inclined to consider them Since an Expert Committee, as directed by this Court, has taken the decision which cannot be faulted in any manner, I do not think there is any merit in this Writ Petition. Accordingly, the same is dismissed. Sd/MOHAMMED NIAS C. P., JUDGE MMG W. P. (C) No. 13183/2023 ..12.. ## **APPENDIX OF WP(C).NO.13183/2023** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SERVICE CERTIFICATE ISSUED BY THE COLLEGE DATED 11.11.2015** **EXHIBIT P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 29.11.2021** **EXHIBIT P3 TRUE COPY OF THE EMPLOYMENT RE NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 25.10.2021** **EXHIBIT P4 TRUE COPY OF UGC PUBLIC NOTICE 2019 DATED 16/09/2019** **EXHIBIT P5 TRUE COPY OF THE CALL LETTER DATED 22.07.2022 FOR THE INTERVIEW FOR THE POST OF ASSOCIATE PROFESSOR IN THE DEPARTMENT OF SOCIAL WORK ISSUED BY THE RECRUITMENT CELL OF THE 2ND RESPONDENT UNIVERSITY** **EXHIBIT P6 A TRUE COPY OF THE RESULTS PUBLISHED BY THE 1ST RESPONDENT DATED 06.08.2022** **EXHIBIT P7 TRUE COPIES OF THE RELEVANT PAGES OF THE UGC REGULATION ON MINIMUM QUALIFICATION FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES DATED NIL** **EXHIBIT P8 TRUE COPY OF THE MEMO DATED 29.09.2022 FILED BY THE UNIVERSITY** W. P. (C) No. 13183/2023 ..13.. |**EXHIBIT P9**|**TRUE COPY OF THE COUNTER ALONG WITH**| |---|---| ||**THE APPLICATION DATED 06.10.2022**| ||**SUBMITTED BY THE PETITIONER**| |**EXHIBIT P10**|**TRUE COPY OF THE COUNTER DATED**| ||**17.10.2022 IN THE WRIT PETITION**| |**EXHIBIT P11**|**TRUE COPY OF THE JUDGMENT DATED**| ||**27/10/2022 IN W.P.(C) 25548/2022**| |**EXHIBIT P12**|**TRUE COPY OF THE REPRESENTATIONS DATED**| ||**3/11/2022 SUBMITTED BY THE PETITIONER**| |**EXHIBIT P13**|**TRUE COPY OF THE REPRESENTATIONS DATED**| ||**09.12.2022 SUBMITTED BY THE PETITIONER**| |**EXHIBIT P14**|**TRUE COPY OF THE ORDER PASSED BY THE**| ||**1ST RESPONDENT DATED 28.02.2023**| |**EXHIBIT P15**|**TRUE COPY OF THE UGC PUBLIC NOTICE ON**| ||**28.11.2018**| |**EXHIBIT P16**|**TRUE COPY OF THE UGC CARE LIST**| ||**DOCUMENTS SUBMITTED BY THE 4TH**| ||**RESPONDENT DATED NIL**| |**EXHBIT P17**|**TRUE COPY OF THE PUBLIC NOTICE DATED**| ||**14.06.2019**<br>**ISSUED**<br>**BY**<br>**THE**<br>**3RD**| ||**RESPONDENT**| |**EXHIBIT P18**|**TRUE COPY OF THE UGC CONSORTIUM FOR**| ||**ACADEMIC AND RESEARCH ETHICS (UGC-**| ||**CARE) OBTAINED FROM THE UGC PUBLIC**| ||**DOMAIN DATED NIL**| W. P. (C) No. 13183/2023 ..14.. ## **EXHIBIT P19** **TRUE COPY OF THE UGC CONSORTIUM FOR ACADEMIC AND RESEARCH ETHICS (UGCCARE) OBTAINED FROM THE UGC PUBLIC DOMAIN DATED NIL** **RESPONDENTS' EXHIBITS:** **EXHIBIT R4D** **. A TRUE COPY OF MY CREDENTIALS TO THE POST** **EXHIBIT R4 A** **A TRUE COPY OF THE NOTIFICATION ISSUED ON 26.11.2021 BY THE 1ST RESPONDENT** **EXHIBIT R4 B** **. A TRUE COPY OF THE RESULT PUBLISHED ON 22.4.2022 BY THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY** **EXHIBIT R4C** **. A TRUE COPY OF THE LIST PUBLISHED BY GURU GHASIDAS VISHWAVIDYALA, BILASPUR ON 9.9.2022**