Dr. Prashob Peter K.J v. Cochin University of Science and Technology & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE T.R.RAVI** **TUESDAY, THE 30[TH] DAY OF APRIL 2024 / 10TH VAISAKHA, 1946** ## **WP(C) NO. 23242 OF 2021** ## **PETITIONER:** **DR.PRASHOB PETER K.J AGED 35 YEARS S/O. JOSEPH PETER, KALLINGAL HOUSE, AJANTHA ROAD, 9/1141, COCHIN-682002.** **BY ADVS. SRI G.KRISHNAKUMAR SRI K.A.ANI JOSEPH SRI AYYAPPADAS V SRI FEBIN RAJ TS** ## **RESPONDENTS:** - **1 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY COCHIN UNIVERSITY P.O., COCHIN-682022, REP. BY ITS REGISTRAR.** - **2 SCRUTINY COMMITTEE FOR ASSISTANT PROFESSOR - (CHEMICAL OCEANOGRAPHY), COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., COCHIN-682022, REPRESENTED BY ITS CHAIRMAN.** - **3 INTERVIEW BOARD FOR ASSISTANT PROFESSOR - (CHEMICAL OCEANOGRAPHY), COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., COCHIN-682022, REPRESENTED BY ITS CHAIRMAN.** - **4 DR.JORPHIN JOSEPH AGED 41 YEARS, S/O. P.R.OUSEPH, PANACKAL HOUSE, SNEHAGIRI, MALA, THRISSUR-680732.** **BY ADVS. SRI.ELVIN PETER (SR.) SRI S.P.ARAVINDAKSHAN PILLAY SRI K.R.GANESH MS.GOURI BALAGOPAL SRI ABHIJITH.K.ANIRUDHAN MS.SREELEKSHMI A.S.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD** **ON 06.11.2023, THE COURT ON 30.04.2024 DELIVERED THE FOLLOWING:** W.P.(C) No.23242 of 2021 2 **T.R. RAVI, J. --------------------------------------------** W.P.(C)No.23242 of 2021 -------------------------------------------Dated this the 30th day of April, 2024 ## **JUDGMENT** The writ petition has been filed praying to set aside the appointment of the 4th respondent as Assistant Professor in the Department of Chemical Oceanography and praying for a direction to the respondents to appoint the petitioner to the said post. There is also a prayer for quashing Ext.P1 notification inviting applications insofar as it relates to Clause A(1) under sub-heading 'minimum qualification' and also to set aside the words 'Chemistry' appearing in Serial No.2 of Clause (1) of the notification. 2. The 1st respondent University issued Ext.P1 notification on 11.12.2020 inviting applications for appointment to the post of Assistant Professor in Chemical Oceanography for one general vacancy and one vacancy in the reservation quota for LC/AI. The subject/specialisation notified was Hydrochemistry/Chemistry. The minimum qualification as per the notification is a Master's Degree in Hydrochemistry/Chemistry, with 55% marks or an equivalent grade in a point-scale wherever the grading system is followed, from an Indian University or an equivalent degree from an W.P.(C) No.23242 of 2021 3 accredited foreign university and pass in the National Eligibility Test (NET). NET qualification will not be insisted in such disciplines where NET is not conducted. Candidates who had a Ph.D Degree are also exempted from acquiring NET qualification. A Ph.D Degree obtained from a foreign University/Institution with a ranking among top 500 in the World University Rankings at any time by any one of the following (i) Quacquarelli Symonds (QS), (ii) the Times Higher Education (THE) or (iii) the Academic Ranking of World Universities (ARWU) of the Shanghai Jiao Tong University (Shanghai) is treated as an alternate qualification. In case of candidates who have passed the qualifying examination from Universities abroad, it is stated that they can submit equivalency certificate issued by the Association of Indian Universities. 3. The petitioner and the 4th respondent were shortlisted along with 8 other persons by the Scrutiny Committee and they were called for interview. The 1st respondent published Ext.P5 rank list on 09.06.2021, wherein the 4th respondent and the petitioner are ranked 1st and 2nd respectively, for the vacancy reserved for LC. It is seen From Ext.P5 that the 4th respondent has been awarded 80 marks and the petitioner has been awarded 75 marks. 4. Heard both sides. W.P.(C) No.23242 of 2021 4 5. The petitioner has an M.Sc Degree in Hydrochemisty from the Faculty of Marine Sciences, CUSAT and was awarded Ph.D in Chemistry under the faculty of Marine Sciences for his work in Modulation of Hydrophobic Partitioning affinity of Humic Acid from Mudbank Sediments and its Potential Application. He joined the Department of Chemical Oceanography of the 1st respondent as Guest Faculty and worked for a period of 20 months and had also been appointed as Assistant Professor on contract basis for a period of 34 months. The 4th respondent on the other hand has an M.Sc in Chemistry, a B.Ed in Physical Science, NET in Chemical Science and Ph.D in Chemical Engineering for his work Hybrid Inorganic-Organic Membranes for Fuel Cell Applications from National Taiwan University of Science and Technology. He also has a postdoc in Materials Science & Engineering Program from Texas Materials Institute, the University of Texas, Austin, USA. He has worked as Assistant Professor for 121 months and Guest Lecturer for 23 months. The petitioner contends that the 4th respondent did not produce any equivalency certificate, that the 4th respondent does not have the qualification in the relevant subject, that there is a violation of the UGC regulation as far as the selection procedure is concerned, that individual marks had not been awarded by the members of the Selection Committee and that the decision was W.P.(C) No.23242 of 2021 5 taken only by consensus. It is also contended that there is malice in law. The main argument advanced is that the notification itself is bad in law since it includes the subject Chemistry as a minimum qualification for the post of Assistant Professor in Chemical Oceanography. According to the petitioner, Chemistry ought not have been prescribed as a minimum qualification since the said subject has nothing to do with the requirements with the job. The petitioner has in the writ petition stated in _extenso_ about the functions of the Assistant Professor in Chemical Oceanography and has stated that M.Sc Chemistry and M.Sc Hydrochemisty are entirely different subjects. According to him, M.Sc Chemistry is a general subject while M.Sc Hydrochemistry is a specialised subject and the 1st respondent ought to have issued the notification showing M.Sc Hydrochemistry as the requirement. The petitioner has also contended that notifications issued in 2015 and 2019 show a different qualification and Chemistry is not a subject, which was treated as minimum qualification in the said notifications. 6. The 1st respondent has filed a counter affidavit. It is pointed out that rank list was published on 09.06.2021 and the 4th respondent had joined service on 10.06.2021 while the writ petition was filed only on 26.10.2021, much after the 4th respondent joined the service of the University. Regarding the W.P.(C) No.23242 of 2021 6 subject/specialisation for the post it has been stated that the notification was issued on the basis of the recommendations made by the Department, as approved by the Vice Chancellor and ratified by the Academic Council of the University. It is further stated that the notification is in tune with the UGC regulations and was published as early as on 11.12.2020. It is contended that the petitioner never raised any objection against the qualifications specified in Ext.P1, that he participated in the selection process without raising any objections and hence is estopped from challenging the notification and the selection process, that Ph.D is not a mandatory qualification for the post and that the 4th respondent has the required Master's Degree and has also cleared the National Eligibility Test, which are sufficient qualifications for the job. It is also stated that the 4th respondent has obtained Ph.D from the National Taiwan University of Science & Technology, that he has submitted equivalency certificate from the M.G. University, and that as the 4th respondent has the Post Graduate qualification and NET, he is eligible to be considered even without an equivalency certificate from the Association of Indian Universities regarding his Ph.D qualification. The 1st respondent stated that the Selection Committee consisted of subject experts and the academic scores are considered only for shortlisting of the W.P.(C) No.23242 of 2021 7 candidates for the interview and the selection is to be based on the performance in the interview. The petitioner has not challenged the competence of the Selection Committee. Regarding the contention based on earlier notification, it is stated by the 1st respondent that in the notification issued in 2015, two of the posts notified were Assistant Professor (Muslim) with specialisation in Chemical Oceanography/Hydrochemistry/Water Management and Assistant Professor (Chemistry) LC/A1 in the Department of Applied Chemistry. The petitioner as well as the 4[th] respondent had applied for the Assistant Professor (Chemistry) in 2015 and the 4[th] respondent was ranked 2[nd] whereas the petitioner was ranked 9[th] . 7. The 4[th] respondent has filed a counter affidavit giving the details of his qualification. He has also produced an equivalency certificate issued by the Association of Indian Universities which says that the original certificates and subjectwise eligibility will be verified by the admission giving Universities/Institutions. It is hence submitted that the question of equivalence of Ph.D awarded is to be verified by the evaluating University as well. It is also contended that the Ph.D Degree from the Taiwan University has been recognized by the 1[st] respondent as per Ext.R4(h) as early as on 27.06.2017. The counter affidavit has stated in detail about the different courses in the subject which W.P.(C) No.23242 of 2021 8 are recognized and treated as equivalent in the University of Calicut and the Kerala University. I do not think it is necessary to go into those aspects for deciding the issue involved in this case and hence the said aspects are not extracted in this judgment. 8. It is settled law that a person who has participated in a selection process based on a notification inviting applications cannot, after the entire selection process, and finding that he did not succeed, turn around and challenge the notification itself. [See **Anupal Singh & Ors. V. State of U.P & Ors. [(2020) 2 SCC 173]** . Given the settled position of law, it is not necessary to go into the contention that the University ought not to have prescribed M.Sc (Chemistry) as a minimum qualification in Ext.P1 notification. The prescription of qualification for a teaching post, as observed by a Division Bench of this Court in **Usha V. Parameswaran v. State of Kerala [2023 SCC OnLine Ker 5515],** falls within the realm of academic recruitment policy and it is trite that Courts would be slow to interfere with policy decision of academic bodies unless they are found to be arbitrary or irrational or violative of any provisions of the Constitution. There is no such arbitrariness involved in the case on hand, warranting any interference by this Court. Once the above contention of the petitioner is rejected, the fact remains that a Selection Committee W.P.(C) No.23242 of 2021 9 has gone into the qualifications and other aspects that are required for a selection process and has arrived at a decision that the 4[th] respondent is to be ranked 1[st] and the petitioner is to be ranked 2[nd] in the rank list Ext.P5. This Court is not sitting in appeal over the decision of the Selection Committee which is constituted by experts. All that is required to be looked into is whether the procedure followed is fair. There is no contention that the Selection Committee was biased. As long as the Selection Committee has considered the candidature of the petitioner as well as the 4[th] respondent, following the same yardsticks, there can be no challenge against the findings of the Selection Committee. 9. The next contention advanced is that there is a violation of the UGC Regulations. Regulation 6 says that the overall selection procedure shall incorporate a transparent, objective, and credible methodology of analysis of the merits and credentials of the applicants based on the weightage given to the performance of the candidate in the different relevant parameters and his/her performance on a grading system proforma based on Appendix 2 Tables 1, 2, 3A, 3B, 4 and 5. The petitioner contends that the above procedure has not been followed and individual marks for each criterion have not been granted to the participants. It is stated that the decision has been taken by a consensus by the W.P.(C) No.23242 of 2021 10 Selection Committee which is not what is expected to be done according to the Regulations. The petitioner relies on Exts P18 and P24 in support of the said contention. Ext.P17 is a reply given to the petitioner under the Right to Information Act, wherein it is stated that all the subject experts attended the Selection Committee meeting online, while the Vice Chancellor, Dean, Head of the Department Registrar, and Academician representing LC/A1 category attended the meeting in person. It was further stated that shortlisting of the candidate is based on the criteria specified and the rank list is drawn based on the marks obtained at the interview. It is further stated that a separate evaluation report of each subject expert is not available as ranking is made on consensus. In Ext.P24, it has been stated that the academic score as specified in Appendix 2 Table 3A for Universities and Appendix 2 Table 3B for Colleges, of the UGC Regulations, is considered only for shortlisting of the candidates for interview and the selection shall be based on the performance in the interview. 10. The copy of the relevant pages of the UGC Regulation has been produced by the 4[th] respondent as Ext.R4(o). Even as per the UGC Regulation, for selection to the post of Assistant Professor, the academic scores as specified in Appendix II, shall be considered only for the shortlisting of candidates for interview and W.P.(C) No.23242 of 2021 11 the selection shall be based only on the performance in the interview. The above method is what has been followed by the 1[st] respondent. Since the petitioner was also shortlisted for the interview, he cannot have any grievance regarding the academic scores. The entire contention that there is a violation of UGC Regulation is hence flawed. For the aforesaid reasons, the writ petition fails and is dismissed. - Sd/- **T.R. RAVI JUDGE** Pn W.P.(C) No.23242 of 2021 12 ## **APPENDIX OF WP(C) 23242/2021** ## **PETITIONER’S EXHIBITS** **EXHIBIT P1 TRUE COPY OF THE RE-NOTIFICATION FACULTY RECRUITMENT NOTIFICATION DATED 11.12.2020 ISSUED BY THE 1ST RESPONDENT UNIVERSITY. EXHIBIT P2 TRUE COPY OF THE ORDER NO.CUSAT/AD(D).D2/1505/2020 DATED 6.7.2020 OF THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REPLY DATED 20.7.2021 ISSUED BY THE 1ST RESPONDENT UNDER THE RTI ACT TO THE PETITIONER.** **EXHIBIT P4 TRUE COPY OF THE MINUTES DATED 18.02.2021 OF THE 2ND RESPONDENT SCRUTINY COMMITTEE. EXHIBIT P5 TRUE COPY OF THE RANK LIST DATED 09.06.2021 PUBLISHED BY THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED 17.8.2015 ISSUED BY THE 1ST RESPONDENT FOR THE POST OF ASSISTANT PROFESSOR. EXHIBIT P7 TRUE COPY OF THE PH.D CERTIFICATE AWARDED TO THE 4TH RESPONDENT BY THE NATIONAL TAIWAN UNIVERSITY. EXHIBIT P8 TRUE COPY OF THE EQUIVALENCY CERTIFICATE DATED 29.4.2016 ISSUED BY THE M.G.UNIVERSITY TO THE 4TH RESPONDENT. EXHIBIT P9 TRUE COPY OF THE EQUIVALENCE CERTIFICATE DATED 21.3.2014 ISSUED BY THE ASSOCIATION OF INDIAN UNIVERSITIES.** **EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 27.5.2020 IN W.A.NO.916/2019 OF THIS HON'BLE COURT. EXHIBIT P11 TRUE COPY OF THE PUBLICATIONS OF THE 4TH RESPONDENT IS A DETAILED IN A TABLE. EXHIBIT P12 PUBLISHED WORKS OF THE PETITIONER IS DETAILED IN A TABLE. EXHIBIT P13 TRUE COPY OF THE INFORMATION DATA SHEET OF THE PETITIONER PREPARED BY THE 2ND RESPONDENT.** **EXHIBIT P14 TRUE COPY OF THE INFORMATION DATA SHEET OF THE 4TH RESPONDENT PREPARED BY THE 2ND RESPONDENT. EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 10.6.2021 TO THE 1ST RESPONDENT. EXHIBIT P16 TRUE COPY OF THE RTI APPLICATION DATED 9.7.2021 BY DR. R.SUNIL.** W.P.(C) No.23242 of 2021 13 |**EXHIBIT P17**|**TRUE COPY OF THE REPLY DATED 28.7.2021**| |---|---| ||**ISSUED UNDER THE RTI ACT BY THE 1ST**| ||**RESPONDENT.**| |**EXHIBIT P18**|**TRUE COPY OF THE REPLY DATED 18.8.2021**| ||**REPLY ISSUED BY THE FIRST RESPONDENT TO THE**| ||**PETITIONER.**| |**EXHIBIT P19**|**TRUE COPY OF THE NOTIFICATION DATED**| ||**17.8.2015 FOR THE POST OF ASSOCIATE**| ||**PROFESSOR ISSUED BY THE FIRST RESPONDENT**| ||**INCLUDING IN THE DEPARTMENT OF CHEMICAL**| ||**OCEANOGRAPHY ISSUED BY THE FIRST**| ||**RESPONDENT.**| |**EXHIBIT P20**|**TRUE COPY OF THE NOTIFICATION DATED**| ||**22.10.2019 FOR THE POST OF PROFESSOR IN**| ||**VARIOUS DEPARTMENTS ISSUED BY THE FIRST**| ||**RESPONDENT INCLUDING IN THE DEPARTMENT OF**| ||**CHEMICAL OCEANOGRAPHY ISSUED BY THE FIRST**| ||**RESPONDENT.**| |**EXHIBIT P21**|**TRUE COPY OF THE SYLLABUS OF THE M.SC.**| ||**HYDROCHEMISTRY OF THE 1ST RESPONDENT**| ||**UNIVERSITY.**| |**EXHIBIT P22**|**TABLE SHOWING THE PERCENTAGE OF EACH**| ||**SUBJECT BASED ON THE SYLLABUS OF THE 1ST**| ||**RESPONDENT UNIVERSITY.**| |**EXHIBIT P23**|**TRUE COPY OF THE PRINT VERSION OF THE**| ||**APPLICATION FORM WITH THE PROCEDURE TO**| ||**APPLY FOR EQUIVALENCE CERTIFICATE TAKEN**| ||**FROM THE WEBSITE OF THE FIRST RESPONDENT**| ||**UNIVERSITY.**| |**EXHIBIT P24**|**TRUE COPY OF THE REPLY NO.**| ||**RECT/202104/FACULTIES/DOD(REGULAR)/DEC 2020**| ||**DATED 14.09.2023 ISSUED BY THE 1ST**| ||**RESPONDENT TO SRI FEBIN RAJ T.S.**| |**EXHIBIT P25**|**THE TRUE COPY OF THE M.SC. HYDROCHEMISTRY -**| ||**PROGRAMME STRUCTURE APPLICABLE FROM 2020**| ||**ADMISSION ISSUED BY THE DEPARTMENT OF**| ||**CHEMICAL OCEANOGRAPHY OF THE FIRST**| ||**RESPONDENT UNIVERSITY OBTAINED UNDER THE**| ||**RTI ACT, 2005.**| |**EXHIBIT P26**|**THE TRUE COPY OF THE SYLLABUS FOR M.SC.**| ||**CHEMISTRY (WITH EFFECT FROM 2019-20) ISSUED**| ||**BY THE DEPARTMENT OF APPLIED CHEMISTRY, OF**| ||**THE FIRST RESPONDENT UNIVERSITY.**| **RESPONDENTS’ EXHIBITS EXHIBIT R4(A) TRUE PHOTOCOPY OF THE M.SC. DEGREE** W.P.(C) No.23242 of 2021 14 ||**CERTIFICATE DATED 28.04.2003 ISSUED BY THE**| |---|---| ||**UNIVERSITY OF CALICUT TO THE 4TH**| ||**RESPONDENT.**| |**EXHIBIT R4(B)**|**TRUE PHOTOCOPY OF THE NET CERTIFICATE DATED**| ||**19.08.2022 ISSUED BY THE COUNCIL OF**| ||**SCIENTIFIC AND INDUSTRIAL RESEARCH HUMAN**| ||**RESOURCE DEVELOPMENT GROUP.**| |**EXHIBIT R4(C)**|**TRUE PHOTOCOPY OF THE PH.D CERTIFICATE**| ||**ISSUED BY THE NATIONAL THAIWAN UNIVERSITY**| ||**OF SCIENCE AND TECHNOLOGY TO THE 4TH**| ||**RESPONDENT.**| |**EXHIBIT R4(D)**|**TRUE PHOTOCOPY OF THE ACADEMIC RECORD**| ||**ISSUED BY THE NATIONAL THAIWAN UNIVERSITY**| ||**TO THE 4TH RESPONDENT.**| |**EXHIBIT R4(E)**|**TRUE PHOTOCOPY OF THE ORDER U.O. NO.**| ||**1528/ACD/01/2014/ACAD DATED 18.03.2015**| ||**ISSUED BY THE M.G UNIVERSITY ORDERING TO**| ||**ISSUE EQUIVALENCY CERTIFICATE TO THE PH.D.**| ||**DEGREE OBTAINED BY THE 4TH RESPONDENT.**| |**EXHIBIT R4(F)**|**TRUE PHOTOCOPY OF THE EQUIVALENCY**| ||**CERTIFICATE NO.AC.D/02/13242/2016 DATED**| ||**29.04.2016 ISSUED BY M.G UNIVERSITY,**| ||**KOTTAYAM.**| |**EXHIBIT R4(G)**|**TRUE PHOTOCOPY OF THE EQUIVALENCY**| ||**CERTIFICATE DATED 21.03.2014 ISSUED BY THE**| ||**ASSOCIATION OF INDIAN UNIVERSITY.**| |**EXHIBIT R4(H)**|**TRUE PHOTOCOPY OF THE RECOGNITION**| ||**CERTIFICATE DATED 27.06.2017 ISSUED BY THE**| ||**COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY**| ||**TO THE 4TH RESPONDENT.**| |**EXHIBIT R4(I)**|**TRUE PHOTOCOPY OF THE CERTIFICATE**| ||**DOWNLOADED FROM THE OFFICIAL WEBSITE OF QS**| ||**GLOBAL WORLD RANKING.**| |**EXHIBIT R4(J)**|**TRUE PHOTOCOPY OF THE EQUIVALENCY**| ||**CERTIFICATE DATED 19.06.1997 ISSUED BY THE**| ||**UNIVERSITY OF KERALA.**| |**EXHIBIT R4(K)**|**TRUE PHOTOCOPY OF THE G.O.(MS) NO.**| ||**438/2020/HEDN DATED 16.12.2020 ISSUED BY**| ||**THE GOVERNMENT.**| |**EXHIBIT R4(L)**|**TRUE PHOTOCOPY OF THE ELIGIBILITY**| ||**CERTIFICATE DATED 23.07.2013 ISSUED BY THE**| ||**KERALA UNIVERSITY DECLARING EQUIVALENCY TO**| ||**THE M.PHIL.DEGREE IN MARINE CHEMISTRY OF**| ||**THE 1ST RESPONDENT UNIVERSITY AS EQUIVALENT**| ||**TO M.PHIL .DEGREE IN CHEMISTRY.**| |**EXHIBIT R4(M)**|**TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE**| ||**MINUTES OF 650TH MEETING OF THE SYNDICATE**| W.P.(C) No.23242 of 2021 15 **HELD ON 24.02.2018 ISSUED BY THE 1ST RESPONDENT UNIVERSITY. EXHIBIT R4(N) TRUE PHOTOCOPY OF THE CIRCULAR NO.AD.D2/FR/NOTIF/2017 DATED 07.05.2018 ISSUED BY THE 1ST RESPONDENT UNIVERSITY. EXHIBIT R4(O) TRUE PHOTOCOPY OF THE RELEVANT PAGES OF UGC REGULATIONS, 2018.**