Dr. Raji J. Aged 41 years W/o (Late) Mr. Jayapradeep Philip v The Manager (Fr. Anil Jose), Fatima Matha National College (Autonomous), Kollam and Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **TUESDAY, THE 14[TH] DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943** ## **WP(C) NO. 29123 OF 2020** ## **PETITIONER/S:** DR. RAJI J. AGED 41 YEARS W/O.(LATE) MR.JAYAPRADEEP PHILIP, KUTTIPURAM SREYAS, CHEMMAKKAD POST, PERINAD, KOLLAM-691601, KERALA STATE. BY ADV DSOUZA PHILIP ## **RESPONDENT/S:** 1 THE MANAGER (FR.ANIL JOSE), FATHIMA MATHA NATIONAL COLLEGE (AUTONOMOUS), KOLLAM-691001. 2 THE PRINCIPAL, FATHIMA MATHA NATIONAL COLLEGE (AUTONOMOUS), KOLLAM691001. 3 STATE OF KERALA, THROUGH ITS SECRETARY, MINISTRY OF EDUCATION, GOVT. SECRETARIATE, THIRUVANANTHAPURAM. 4 THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, 4TH FLOOR, ANNEXE-II, GOVT. SECRETARIATE, THIRUVANANTHAPURAM. 5 THE DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN-POST, THIRUVANANTHAPURAM-695033. 6 THE DEPUTY DIRECTOR, DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION, KADAPPAKADA, KOLLAM-691008. 7 THE UNIVERSITY OF KERALA, THOUGH ITS REGISTRAR, THIRUVANANTHAPURAM. **WP(C) NO. 29123 OF 2020** **2** 8 THE UNIVERSITY GRANTS COMMISSION (UGC), UGC BUILDING, NEW DELHI-110002. 9 ADDL R9 DR SUDHEESH SAM S.V S.V BHAVAN , MAVUNINNA PUTHENVEEDU VENPAKAL, VENPAKAL POST THIRUVANANTHAPURAM DISTRICT 695 123 10 SRI. A JAMES RAJ (GOVT. NOMINEE) ADDITIONAL SECRETARY TO GOVT AND DIRECTOR PRINTING DEPARTMENT GOVT. OF KERALA, THIRUVANANTHAPURAM – 695 001 11 DR. T. ANITHAKUMARY PROFESSOR AND FACULTY DEAN, DEPARTMENT OF MALAYALAM THUNCHATH EZHUTHACHAN MALAYALAM UNIVERSITY TIRUR, MALAPPURAM DISTRICT 12 DR. SHEELAKUMARI A ASSOCIATE PROFESSOR, DEPARTMENT OF MALAYALAM SS SANSKRIT UNIVERSITY REGIONAL CENTRE PANMANA, KOLLAM 691 583 13 DR. JAMES G ASSOCIATE PROFESSOR & HEAD (RTD.) DEPARTMENT OF MALAYALAM FMNC (AUTONOMOUS) KOLLAM - 691001 BY ADVS. SRI.BABY ISSAC ILLICKAL SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI.ISAAC KURUVILLA ILLIKAL ## **OTHER PRESENT:** GP SRI JIMMY GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 29123 OF 2020** **3** ## **JUDGMENT** ## Petitioner has approached this Court seeking the following reliefs: I. To call for the records, from the Fathima Matha National College, Kollam of the allocation of weightage marks granted to the petitioner by the selection committee as to ensure the fairness in the selection process to the post of Assistant Professor in Malayalam. II. To issue a writ direction/order to the respondents to draw the Final Merit of the candidates appeared for interview to the selection post of Assistant Professor in Malayalam only after the Ph D weightage marks are granted to the petitioner and tabulated to draw the final Merit list of the candidates appeared for the post in Malayalam Department. 2. In support of the aforementioned prayer, it is alleged that respondent No.1, College caused an advertisement in various newspapers inviting applications from the eligible candidates to fill the faculty position of the Assistant Professors (Merit/Community quota) of various faculties at the Fathima Matha National College, subject to the concurrence and approval of the appointment by the University of Kerala and Government of Kerala. As far as the discipline of Malayalam was concerned, there were two positions of Assistant **WP(C) NO. 29123 OF 2020** **4** Professors. Advertisement specified the age, qualification and salary as per UGC/University of Kerala/Govt. of Kerala. The last date for submission of the application was 25.11.2019. On 14.9.2020, the petitioner submitted an application to the first respondent to add her Ph.D Degree qualification in her application for the post of Assistant professor in Malayalam. The higher qualification of Ph D degree is having 25 marks weightage in the selection process of Assistant Professor as per the UGC guidelines, while preparing the Merit to select the candidate to the post of Assistant Professor in Malayalam. However no such reply to the written request Ext.P7 was given. On 10.11.2020, petitioner received a memo regarding interview. The petitioner had duly attended the interview. Though the merit had not been declared, it surfaced that the private respondents have been selected. Respondents have failed to take into consideration the Ph.D degree of the petitioner. 3. Respondent No.1 opposed the writ petition by filing counter placing on record minutes of the selection committee **WP(C) NO. 29123 OF 2020** **5** and Score Sheet, Exts.R1(b) and R1(c) respectively. It was contended that there was no lacuna in the constitution of the selection committee. The petitioner had approached this Court with unclean hands as it was specifically stated in the notification pertaining to selection dated 15.10.2019; 'all qualifications / experience / credentials claimed should have been acquired on the last date of receipt of applications'. The petitioner admittedly was awarded Ph.D on 4.9.2020 much later than the last date of submission of the application. Therefore any qualification acquired by the petitioner after the date cannot be considered for awarding marks in the selection process. There was serious misrepresentation by stating in the application that she had Ph.D. Petitioner participated in the selection process voluntarily without any protest, being fully aware of the stipulations contained therein but turned out unsuccessful. 4. Similar is the contention of the private respondents. I have heard the learned counsel for the parties and appraised the paper book and of the view that there is no force **WP(C) NO. 29123 OF 2020** **6** and merit. It is settled law as per the judgment supported in _Rakesh Kumar Sharma v. Govt. of NCT of Delhi & Ors (2013(11)SCC 58)_ that if a candidate do not possess any requisite qualification on the last date of submission of the application and acquires qualification only on the date of the declaration, he cannot be considered to be eligible for appointment. In other words, would be ineligible. Concededly, the petitioner's last date for submission of the application is 25.11.2019. Provisional certificate was issued on 14.9.2020 and degree was awarded on 17.7.2020. Thus there was no fault on the part of the selection committee in not granting 25 weightage marks in the absence of Ph.D degree. No ground for interference is made out. Writ petition is dismissed. Sd/- sab **AMIT RAWAL** **JUDGE** **WP(C) NO. 29123 OF 2020** **7** ## **APPENDIX OF WP(C) 29123/2020** PETITIONER EXHIBITS - EXHIBIT P1 A TRUE COPY OF THE ADVERTISEMENT MADE BY THE MANAGER OF THE FATIMA MATHA NATIONAL COLLEGE, KOLLAM INVITING APPLICATION TO FILL UP THE VACANCIES OF ASST.PROFESSOR IN MALAYALAM AND OTHER FACULTIES. - EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 01.04.2020 ISSUED BY THE GOVT OF KERALA, HIGHER EDUCATION (D) DEPARTMENT WITH REGARD TO THE FIXATION OF WORKLOAD. - EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 20.05.2020 GIVEN BY MRS SANITHA N.G TO THE DIRECTOR, COLLEGIATE EDUCATION INTIMATING THE SHE WOULD NOT BE CONTINUING HER JOB AT FATIMA MATHA NATIONAL COLLEGE. - EXHIBIT P4 A TRUE COPY OF THE ORDER OF THE MANAGER DATED 21.05.2020 ACCEPTING THE RESIGNATION OF MRS. SANITHA N.G, ASST.PROFESSOR IN MALAYALAM DEPARTMENT. - EXHIBIT P5 A TRUE COPY OF THE PROVISIONAL CERTIFICATE OF PH D AWARDED BY THE UNIVERSITY OF KERALA TO THE PETITIONER. - EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 11.09.2020 WITH RESPECT TO FIXATION OF WORKLOAD FOR TEACHING STAFF IN THE GOVT AND IN THE AIDED ARTS AND SCIENCE COLLEGES. EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 14.09.2020 GIVEN TO THE MANAGER OF THE FATIMA MATHA NATIONAL COLLEGE REQUESTING WEIGHTAGE OF PH D ON HER APPLICATION FOR THE POST OF ASST.PROFESSOR. **WP(C) NO. 29123 OF 2020** **8** - EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 30.09.2020 ISSUED BY THE GOVT. OF KERALA TOWARDS THE VALIDITY OF NOMINATION OF GOVT.REPRESENTATIVE IN STAFF SELECTION COMMITTEE IN AIDED COLLEGES. - EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 30.09.2020 SENT BY THE COLLEGIATE EDUCATION DIRECTOR TO THE DEPUTY DIRECTOR AT KOLLAM TOWARDS THE EXTENSION PERIOD OF THE GOVT.NOMINEE. - EXHIBIT P10 A TRUE COPY OF THE DATED 07.10.2020 SENT BY THE PRINCIPAL OF THE FATIMA COLLEGE TO THE DY DIRECTOR AT KOLLAM, INTIMATING HIM THE LATEST VACANCY POSITION IN MALAYALAM DEPARTMENT. - EXHIBIT P11 A TRUE COPY OF THE LETTER DATED 06.11.2020 OF THE GOVT OF KERALA HIGHER EDUCATION DEPARTMENT WITH RESPECT TO APPOINTMENT OF TEACHING STAFF AT PRIVATE AIDED COLLEGES. - EXHIBIT P12 A TRUE COPY OF THE INTERVIEW MEMO DATED 10.11.2020 ISSUED TO THE PETITIONER BY THE PRINCIPAL OF THE FATIMA MATHA COLLEGE.