Dr. Reji Kumar .K. v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 17[TH] DAY OF AUGUST 2022 / 26TH SRAVANA, 1944** ## **WP(C) NO. 23402 OF 2022** ## **PETITIONER:** DR.REJI KUMAR .K. AGED 50 YEARS S/O KARUNARKARAN NAIR T.K, PRESENTLY WORKING AS ASSISTANT PROFESSOR AND HEAD OF DEPARTMENT, DEPARTMENT OF MATHEMATICS, N.S.S COLLEGE, CHERTHALA, ALAPPUHZA688556 AND RESIDING AT, VANDANAM, ANGADICAL SOUTH P.O, KODUMON, PATHANAMTHITTA -691555 BY ADVS. DIPU.R K.S.BAIJU DEVI KRIPA R. P.V.SARITHA VENUGOPAL DHANYA BABU NEETHU SASI ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001. 2 UNIVERSITY OF CALICUT, REPRESENTED BY ITS VICE CHANCELLOR, CALICUT UNIVERSITY P.O, MALAPPURAM -676635. 3 THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O, MALAPPURAM -676635. 4 HEAD OF THE DEPARTMENT, DEPARTMENT OF MATHEMATICS, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O,MALAPPURAM -676635. 5 THE UNIVERSITY GRANTS COMMISSION [UGC], REPRESENTED BY ITS CHAIRMAN, BAHADUR SHAH ZAFAR MARG,NEW DELHI - 110002. **WP(C) NO. 23402 OF 2022** **2** BY ADV SRI.S.KRISHNAMOORTHY, CGC SMT PARVATHY K-GP; SRI P C SASIDHARAN-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 23402 OF 2022** **3** ## **JUDGMENT** The petitioner aspires to be appointed as a Professor in the Department of Mathematics in the 2[nd] respondent – University of Calicut. He says that he is a Ph.D holder having every other qualification and that he thus responded to Ext.P5 notification issued by the University, by making Ext.P6 application through online. He says that he was interviewed by the Selection Committee on 18.01.2022, but when Ext.P9 Rank List was published, he found, to his dismay, that he was excluded. He says that, therefore, he has preferred Ext.P24 representation before the Vice Chancellor of the University, but alleges that no action has been taken thereon until now. 2. Sri.Dipu.R – learned counsel for the petitioner, further submitted that his client **WP(C) NO. 23402 OF 2022** **4** has been reliably informed that the sole reason why he has been excluded from Ext.P9 Rank List is that, pending the selection process, the University came out with Ext.P14 fresh selection criteria for recruitment of Associate Professor and Professors in their services. He argued that the rigour of Ext.P14 cannot be used against his client since it operates contrary to the applicable Regulations of the University Grants Commission (UGC Regulations) and because such Regulations have already been adopted by the University, through Exts.P11 and P12 orders. He argued that, therefore, refusal of the University to include his client in Ext.P9 Rank List and appoint him to the available post of Professor in the Department of Mathematics is illegal and unlawful. 3. In response, however, Sri.P.C.Sasidharan – learned Standing Counsel **WP(C) NO. 23402 OF 2022** **5** for the Calicut University, submitted that Ext.P14 has been issued taking note of the relevant requirements under the applicable UGC Regulations. He submitted that, in any event, going by the UGC Regulations, his client has the right and competence to fix necessary criteria for the purpose of interview to the post of Associate Professor/Professor; and that Ext.P14 has thus been issued to ensure the highest standards among the candidates available. He then added that the petitioner cannot maintain this writ petition because a learned Full Bench of this Court has already declared in _**Unnikrishnan Nair.G.S and others v.**_ _**State of Kerala and others**_ [ILR 2019(1)Kerala 775] that mere inclusion in the Rank List will not inure to him any vested right to be appointed and that it is upto the employer to decide in what manner it has to be done. He **WP(C) NO. 23402 OF 2022** **6** thus prayed that this writ petition be dismissed. 4. Pertinently, Sri.S.Krishnamoorthy – learned Standing Counsel for the UGC, submitted that Ext.P14 does not go counter or contra to the applicable UGC Regulations and that Clause 6.1 of the “UGC Regulations, 2018” leave it to the University concerned to fix their own criteria for the purpose of interview. He added that, therefore, his client does not stand in the way of appropriate orders being issued by this Court. 5. When I consider and evaluate the afore rival contentions, it is indubitable that, on one hand, the petitioner seeks to be included in Ext.P9 Rank List; while, on the other, the University says that he does not satisfy the criteria prescribed under Ext.P14. 6. However, it must be borne in mind that **WP(C) NO. 23402 OF 2022** **7** Ext.P14 was brought into effect much after the petitioner made his application online, pursuant to Ext.P5 notification. Since the UGC says that Ext.P14 is not their Regulations, I am of the view that petitioner and other candidates who have applied, must be given an opportunity of satisfying the new criteria under the said notification. In the afore circumstances, I dispose of this writ petition with the following directions: a) The University will offer the petitioner and every other candidate, who have applied under Ext.P5 notification, to offer additional inputs with respect to their satisfaction of the conditions and qualifications under Ext.P14, within a period of two weeks from the date of receipt of a copy of this judgment. **WP(C) NO. 23402 OF 2022** **8** b) The petitioner and other candidates will be at liberty to offer their inputs as per Ext.P14 criteria to the University within the periods specified by them in terms of direction (a) above. (c) On the petitioner and other candidates furnishing their additional inputs as afore, same will be considered by the University and a decision taken on their inclusion in the Rank List in terms of law, after affording them an opportunity of being heard. This shall be done, as expeditiously as is possible, but not later than one month from the date on which the additional inputs are furnished by the petitioner and others. d) Needless to say, on the afore exercise being completed and the petitioner or any other person being found eligible to be included in the Rank List, necessary action for the said **WP(C) NO. 23402 OF 2022** **9** purpose will be taken and further consequential measures, including for appointment, shall be completed without any avoidable delay. Sd/- ## **DEVAN RAMACHANDRAN** **JUDGE** SAS **WP(C) NO. 23402 OF 2022** **10** ## **APPENDIX OF WP(C) 23402/2022** PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF PETITIONER'S PHD CERTIFICATE Exhibit P2 THE TRUE COPY OF BOYSCAST FELLOWSHIP CERTIFICATE DATED 08-01-2008, ISSUED BY THE GOVERNMENT OF INDIA TO THE PETITIONER ALONG WITH REPORT OF THE UNIVERSITY OF VICTORIA Exhibit P3 THE TRUE COPY OF CERTIFICATE DATED 30-06-2016 ISSUED BY IMSC TO THE PETITIONER Exhibit P4 THE TRUE COPY OF SUMMER RESEARCH FELLOWSHIP CERTIFICATE ISSUED TO THE PETITIONER Exhibit P5 THE TRUE COPY OF NOTIFICATION WITH FILE NO GA-11 /C1/104750/2019/ADMN, DATED 31-12-2019, ISSUED BY THE 2ND RESPONDENT Exhibit P6 THE TRUE COPY OF THE PRINTOUT OF PETITIONER'S ONLINE APPLICATION FOR THE POST OF PROFESSOR AT 2ND RESPONDENT UNIVERSITY Exhibit P7 THE TRUE COPY OF MEMO WITH NO.170267 /AD-RECASST-4/2021/ADMN, DATED 05-01-2022 Exhibit P8 THE TRUE COPY OF PRINTOUT OF APPLICATION DETAILS [MODIFIED ONE] OF THE PETITIONER Exhibit P9 THE TRUE COPY OF RANK LIST WITH NOTIFICATION NO. 170267/AD-REC-ASST-4/ 2021 /ADMN DATED 19-03-2022 PUBLISHED BY THE 2ND RESPONDENT UNIVERSITY Exhibit P10 THE TRUE COPY OF THE NOTIFICATION WITH NO F.1-2/2017 [ EC/PS] DATED 18/07/2018 ISSUED BY THE 5TH RESPONDENT Exhibit P11 THE TRUE COPY OF THE NOTIFICATION WITH NO.72431/ GA-11-F-SO / 2019/ ADMN, DATED 26- **WP(C) NO. 23402 OF 2022** **11** ||02-2020, ISSUED BY THE 2ND RESPONDENT| |---|---| |Exhibit P12|THE TRUE COPY OF THE GO WITH NO G.O(P)| ||NO.28/2019/ HEDN, DATED 29/09/2019 ISSUED BY| ||THE 1ST RESPONDENT| |Exhibit P13|THE TRUE COPY OF THE RELEVANT EXTRACT OF| ||MINUTES OF THE SYNDICATE OF THE 2ND| ||RESPONDENT WITH ITEM NO.2021.180| |Exhibit P14|THE TRUE COPY OF SELECTION CRITERIA PUBLISHED| ||BY THE 2ND RESPONDENT| |Exhibit P15|THE TRUE COPY OF THE APPLICATION DATED 28-04-| ||2022 SUBMITTED BY THE PETITIONER UNDER RTI| ||ACT[ 5 QUESTIONS]| |Exhibit P16|THE TRUE COPY OF APPLICATION DATED 28-04-2022| ||FILED BY THE PETITIONER UNDER RTI ACT| |Exhibit P17|THE TRUE COPY OF APPLICATION DATED 01-05-2022| ||FILED BY THE PETITIONER UNDER RTI ACT| |Exhibit P18|THE TRUE COPY OF COMMUNICATION WITH NO| ||152616/AD-REC-ASST-2/2021/ADMN, DATED 30-05-| ||2022 ISSUED BY THE PIO OF THE 2ND RESPONDENT| ||IN REPLY TO EXT P15| |Exhibit P19|THE TRUE COPY OF COMMUNICATION WITH NO| ||152616/AD-REC-ASST-2/2021 /ADMN (III), DATED| ||30-05-2022, ISSUED BY THE PUBLIC INFORMATION| ||OFFICER OF THE 2ND RESPONDENT IN REPLY TO EXT| ||P14| |Exhibit P20|THE TRUE COPY OF COMMUNICATION WITH NO| ||152616/AD-REC-ASST-2/ 2021/ADMN, DATED 30-05-| ||2022 ISSUED BY THE PIO OF THE 2ND RESPONDENT| ||IN REPLY TO EXT P17| |Exhibit P21|THE TRUE COPY OF APPEAL DATED 25/06/2022| ||UNDER RTI ACT FILED BY THE PETITIONER AGAINST| ||EXHIBIT P18| **WP(C) NO. 23402 OF 2022** **12** Exhibit P22 THE TRUE COPY OF APPEAL DATED 25/06/2022 UNDER RTI ACT FILED BY THE PETITIONER AGAINST EXHIBIT P19 Exhibit P23 THE TRUE COPY OF APPEAL DATED 25/06/2022 UNDER RTI ACT FILED BY THE PETITIONER AGAINST EXHIBIT P20 Exhibit P24 THE TRUE COPY OF COMPLAINT DATED 01- 05-2022 FILED BY THE PETITIONER BEFORE THE VICE CHANCELLOR OF THE 2ND RESPONDENT Exhibit P25 THE TRUE COPY OF JUDGMENT DATED 27/10/2021 IN WPC NO 16432/2021