W.P.(C) No. 21254 of 2023 (Kerala High Court)

W.P(C) No. 21254/23 1 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` FRIDAY, THE 5[TH] DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 ``` ``` WP(C) NO. 21254 OF 2023 ``` ## **`PETITIONER/S:`** - **`1 DR.ANN MARIA JOHN AGED 34 YEARS W/O HARIKRISHNAN K R, KOYIKKAL HOUSE, MANNANCHERRY P.O., ALAPPUZHA, PIN - 688538`** - **`2 DR.ASWANI S MOHAN AGED 31 YEARS W/O JISHNU CHANDRAN, PANACHAL MELE PUTHEN VEEDU, CHEMPAZHANTHY P O, THIRUVANANTHAPURAM, PIN - 695587`** - **`3 DR.DHANASURJITH D AGED 37 YEARS`** - **`S/O K V DHANANJAYAN, VELICKAKATHVAYALAR P O., CHERTHALA, ALAPPUZHA, PIN - 688536`** - **`4 DR. DIVYA P CHANDRAN AGED 33 YEARS`** - **`W/O RAMESH.M.R, MULANGATTU HOUSE, CHENGAMANADU, ALUVA, ERNAKULAM, PIN - 683578`** - **`5 DR. LEKSHMI S. AGED 39 YEARS D/O REGHU V., LEKSHMISADANAM, KEERTHINAGAR, VELLAYANI, NEMAM P.O., THIRUVANANTHAPURAM, PIN - 695020`** - **`6 DR.NEENA K C AGED 33 YEARS`** - **`D/O CHANDRAN K C, KUNNINMEL HOUSE, ARATTUPUZHA P O., THRISSUR, PIN - 680562`** - **`7 DR.NIDHEESH M.G AGED 37 YEARS`** - **`S/O GOPI MC MANAKKADAN HOUSE, EAST KODALY, PO., MURILKKUNGAL, THRISSUR, PIN - 680699`** W.P(C) No. 21254/23 2 - **`8 DR.NISHA M U AGED 35 YEARS`** - **`W/O BIBIN, B.S NIVAS, IRUMBIL, ARUVIPPURAM P.O, THIRUVANANTHAPURAM, PIN - 695126`** - **`9 DR.SHAMLA C M. AGED 47 YEARS`** - **`W/O MUHAMMEDSHAFEEK K A., KOCHATTUPARAMBIL HOUSE, PERINJANAM P.O., THRISSUR, PIN - 680686`** - **`10 DR.SOORAJ R S AGED 31 YEARS`** - **`S/O RAVEENDRANATH S., PUTHUMANA HOUSE, THEKKEMURY, CHAMPAKKULAM P.O., ALAPPUZHA, PIN - 688503`** - **`11 DR.SREELEKSHMI K SUDHAKAR AGED 34 YEARS`** - **`D/O K SUDHAKARAN, KAREEKKUNNEL HOUSE, KUZHIPPURAYIDAM, MANARCAD P.O., KOTTAYAM, PIN - 686019`** - **`12 SUMITHA R T AGED 43 YEARS`** - **`W/O VINOD KUMAR KATTUMUNDA,KATTUMUNDAKKAL HOUSE, A R NAGAR P.O., MALAPPURAM, PIN - 676305`** - **`13 DR.SUTHASHI R AGED 45 YEARS`** - **`W/O JYOTHILAL T G., INDEEVARAM, MANICKAMANGALAM P.O., KALADY, ERNAKULAM, PIN - 683574`** ``` BY ADVS. THOMAS ABRAHAM ``` - **`PAUL BABY MERCIAMMA MATHEW`** ``` ASWIN.P.JOHN ``` ``` R.ANANTHAPADMANABAN ``` ## **`RESPONDENT/S:`** - **`1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA, NEW DELHI, PIN - 110066`** W.P(C) No. 21254/23 3 - **`2 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`** - **`3 UNIVERSITY GRANTS COMMISSION BAHADUR SHAH SAFAR MARG, NEW DELHI REPRESENTED BY ITS CHAIRMAN, PIN - 110002`** - **`4 DIRECTOR OF COLLEGIATE EDUCATION DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033`** - **`5 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN - 695004`** - **`6 CENTRAL SANSKRIT UNIVERSITY REPRESENTED BY ITS REGISTRAR, 56-57, INSTITUTIONAL AREA, JANAKPURI, NEW DELHI, PIN - 110058`** - **`7 UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, THENJIPPALAM, MALAPPURAM, PIN - 673676`** - **`8 SREE SANKARACHARYA UNIVERSITY OF SANSKRIT REPRESENTED BY ITS REGISTRAR, THALAYATTUMPILLI, KALADY, ERNAKULAM, PIN - 683574`** - **`9 VIJAYALAKSHMI C.G W/O SANISH T.B. THEKKEVEEDU (H), CHOTTANIKKARA P.O, EMAKULAM-682312`** - **`10 SUDEV KRISHNA SHARMAN G`** - **`S/O. P.GOPALAKRISHNAN NAMBOOTHIRI. PARAPPURATH ILLAM, NADUVATHU P.O WANDOOR-679325, MALAPPURAM DISTRICT`** - **`11 VRINDA P.M`** - **`D/O.VASUDEV V, VALLIYIL (H), PATHIRIKKODE, CHATHAKKAD ROAD, ELANKUR P.O. MALAPPURAM`** - **`12 LAKSHMY V`** - **`D/O-ASOKAN P, VAYYATTU VEEDU, SOUTH VILLAGE, PERINKULAM P.O, ALATHUR, PALAKKAD-678542`** W.P(C) No. 21254/23 4 - **`13 DR.NIKITHA M`** - **`W/O.PRAJEED K MAMPALLAM (H) MUTHALAMADA P.O, PALAKKAD`** - **`14 DR.SABNA T.THAJ`** - **`D/O.M.THAJUDEEN, KULIRMA, PERUVARAMBU, KAKKODI, ARUVIKKARA P.O. THIRUVANANTHAPURAM`** - **`15 REENA M.S D/O.MASOOD A, RAJIMANZIL, CHULLALAM, KOONANVENGA P.O. NEDUMANGADU, THIRUVANANTHAPURAM`** - **`16 DR.SHANIFA BEEVI N D/O MAIDEENADIMA, ALUNINAVILA, HOUSE NO.453, VIZHINJAM P.O. THIRUVANANTHAPURAM`** - **`17 REKHA P.H W/O SHYJU PC, PUNNAKKALTHODI HOUSE, POOTHANOOR POST, MUNDUR VIA PALAKKAD`** - **`18 SREEDIVYA T.P W/O. PRAVEEN K, SREEVIHAR, KADAMPAZHIPURAM P.O. PALAKKAD`** - **`19 JAYASANKAR G S/0. G. GOPINATHAN HAIR, MELEPUTHENVEEDU, PURAVOORKONAM, KARAKULAM P.O, THIRUVANANTHAPURAM.`** - **`20 REMYA K.P D/O. RAVEENDRAN K.P., KIZHAKKEPALOLIKANDI, RAVEENDRAM, MENAPRAM, CHOKLI P.O, KANNUR`** - **`21 ARYALAKSHMI K.A * REMOVED`** - **`D/O. ASOKAN K.K, KALARIKKAL HOUSE, VELLANI P.0, THRISSUR`** - **`22 RESHMA N.S W/O. DEEPESH, THRIPPEKULATH HOUSE, PUTHENCHIRA P.O, THRISSUR DISTRICT`** - **`23 SHAIJU O.K`** - **`S/O. KANARAN O.K, CHAITANYA, PARLIKKAD P. O, WADAKKANCHARY, THRISSUR, PIN- 680 623`** - **`24 ASHA S. UNNI *REMOVED D/O. K.M. SASEENDRAN UNNI, SAI PRANAAM, BANK EMPLOYEES COLONY, MANALI, PALAKKAD`** - **`25 SAJITHA. A`** W.P(C) No. 21254/23 5 - **`D/O. NARAYANANKUTTY P.S, IDUKATTIL HOUSE, THIPPALLOOR, ERUMAPETTY P.O, THRISSUR.`** - **`26 THANOOJA P V D/O P.P SUKUMARAN, ANANDOTH HOUSE, KALLAD P O, IRIKKUR, KANNUR.`** - **`27 SREELAKSHMY V S *REMOVED D/O. R. SREEKUMAR, SREVALSAM HOUSE, PUNNAMADA, AVALOOKUNNU P O, ALAPUZHA.`** - **`28 NISHA R`** - **`D/O RADHAKRISHNAN P.K, PULIKKAL HOUSE, KUTHANUR P O, KOTHAMANGALAM, PALAKKAD DISTRICT, PIN 678 721.`** - **`29 JISHA A *REMOVED D/O ARAVINDAKSHAN V, 8/221, DURGAGOSHTAM GRAMAM, CHITTOOR, PALAKKAD DISTRICT`** - **`30 ANANDARAJ G S/O. V.R. GOPALAKRISHNAN NAIR, CHERIYIL HOUSE, PENNUKARA P O, CHENGANOOR.`** - **`31 RAMISHA K D/O REMESHAN K, REMI NIVAS, NEAR ANDALLOOR BRIDGE P O, PINARAI, THALASSERY, KANNUR DISTRICT`** - **`32 NISHA V N * REMOVED D/O VASUDEVAN, NELLIVILA HOUSE, PAYYANEDAM P O, MANNARKKAD, PALAKKAD`** - **`33 HAREESH K P *REMOVED S/O. KRISHNAN NAIR V P, KULAPPURAKKAL HOUSE, MELUR P O, PANAMANA, OTTAPALAM, PALAKKAD.`** - **`34 MANJUSHA T V W/O RINS K, SALIGRAM HOUSE, KOZHAKKOTTUR, AREACODE P O, MALAPURAM DISTRICT.`** - **`35 DR. SAJEESH C S * REMOVED S/O SUBRAN C.C, CHULLIPARAMBIL HOUSE, VELUPADAM P O, THRISSUR - 680 303`** - **`ADDL.R9 TO R35 ARE IMPLEADED AS PER ORDER DATED 20/7/23 IN IA 1/23`** W.P(C) No. 21254/23 6 ``` * THE RESPONDENTS 21, 24, 27, 29, 32, 33 AND 35 ARE REMOVED FROM PARTY ARRAY AS PER ORDER DATED 22.11.2023 IN I.A.3/2023. ``` ``` BY ADVS. ``` ``` N.J.ASHWIN S. Krishnamoorthy S PAUL BABY VARUN C.VIJAY DIVYA CHANDRAN ``` ``` OTHER PRESENT: ``` ``` K.G. SAROJINI GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ``` ``` 6.3.2024, THE COURT ON 05.04.2024 DELIVERED THE FOLLOWING: ``` W.P(C) No. 21254/23 7 ## **MOHAMMED NIAS C.P., J** **............................................................ W.P(C) No.21254 of 2023** ............................................................. Dated this the 5[th] day of April, 2024 ## **JUDGMENT** This writ petition is filed by Post Graduates in Sanskrit challenging Ext.P2 order dated 3.3.2015 issued by the University of Calicut treating M.A. (Sanskrit Language) and Literature (General) as equivalent to M.A.(Sanskrit) Sahitya Special. The petitioners submit that the Sanskrit General) candidates only have a peripheral understanding of the specialisation as a part of their course content. In contrast, in-depth knowledge in the respective specialisations is gained by the students of the Sanskrit (Sahithya) and other branches and this will be clear from the syllabi prescribed by the M.G.University, University of Kerala, Sree Sankaracharya University of Sanskrit etc, which will clearly show the difference in the academic curriculum between Sanskrit General and Sanskrit special subjects. They argue that the UGC treats both of them separately by giving different codes for the respective NET and the UGC regulations regarding the qualifications are to be treated as supreme and not liable to be watered down going by the Full Bench judgment of this Court in **Dr Radhakrishna Pillai v. The Travancore Devaswom Board [2016 (2) KLT 245]** . W.P(C) No. 21254/23 8 2. The petitioners also argue that the Sanskrit General courses, both at the undergraduate level as well as the post-graduate levels, are taught not only in Government Colleges but also in colleges affiliated with the various Universities in the State and therefore, they have ample job opportunities at both graduate and post-graduate levels. In contrast, those with a qualification in Sanskrit Special subjects get their opportunity only in government colleges and in the teaching departments of various Universities. A ‘Vision and Road Map’ prepared by the Ministry of Human Resource Development of the Government of India as regards the development of Sanskrit, produced as Ext.P3 also shows the importance of the development of Sanskrit on a 10-year perspective plan including that the teaching of Sanskrit through Sanskrit will have to be meaningful, with an in-depth understanding of Sastras that includes the subject Sahitya. Ext.P4 official press release of the Government of India also speaks on nurturing, protection, propagation, preservation and development of Sanskrit language, literature and rare shastras taught in Sanskrit Special courses. Without understanding the above, now the petitioners face a situation where owing to the lack of proper academic perspective, an attempt is made to give parity to Sanskrit General candidates at par with Sanskrit Sahitya which entitles them to compete with candidates who have acquired postgraduate qualifications in Sanskrit Sahitya, which is not permissible for the Sanskrit General candidates. 3. The Public Service Commission in the Notification dated 11/12/2019, Ext.P5, while inviting applications for the appointment to the post of Assistant Professor in Sanskrit (Sahitya) has specified that the requirement is only W.P(C) No. 21254/23 9 recognition of a course by any of the Universities in Kerala and taking advantage of this position by the equivalency certificate granted by the Calicut University, Exxt.P2, the general candidates applying for posts like Sanskrit Sahitya and other special subjects. On noticing the mistake, the PSC issued an erratum notification dated 21.4.2022 stating that whenever the requirement is for a particular subject to be taught in Sanskrit, only candidates with M.A. (Special) in the subject to be taught alone shall be eligible for selection. This erratum notification, Ext.P6, was challenged before the Kerala Administrative Tribunal by filing O.A.(Ekm). No.1378 of 2022 in which the Tribunal set aside the erratum notification and directed that all the applicants should be included, by Ext.P7 order dated 25.10.2022. 4. The Tribunal did not have to consider whether the National Eligibility Test undergone by them is in fact in Sanskrit coming under the subject code No.25 or whether it comes under the subject code No.73 as regards the traditional subjects including Sanskrit Sahithya. The crucial difference in the syllabi and mode of conduct of examinations etc. were not considered by the Tribunal. Against Ext.P7 judgment, the Public Service Commission had filed O.P. (KAT) No.38 of 2023 which was dismissed affirming Ext.P7 by judgment dated 08.02.2023 marked as Ext.P8. After that, the Public Service Commission issued a shortlist containing the register numbers of the candidates who were found provisionally eligible to be called for the interview as per Ext.P9. It is submitted that as against Ext.P9 shortlist O.A. No.687 of 2023 was preferred and the same is pending. For the aforesaid reasons, the petitioners prayed for the quashing of Ext. P2 equivalence certificate issued by W.P(C) No. 21254/23 10 the Calicut University and for direction commanding the 1st respondent to take all diligent steps to ensure that no appointment of teachers in Sanskrit Sahitya and Sanskrit Sastra Subjects takes place in colleges or Universities in violation of the policy declared in Exhibit P3 and that the selection and appointment shall only be in strict compliance of Clause 4.1.I. of the UGC Regulations, 2018. 5. A counter affidavit has been filed on behalf of Respondent No.8, Sree Sankaracharya University of Sanskrit, in which it is stated that the NET qualifications are considered subject-wise and that the subject codes are different for Sanskrit and Sanskrit Traditional subjects. It is also pointed out that the NET Eligibility UGC Regulations, 2018 have to be considered in two separate and independent criteria to be followed as per the academic framework suitable for individual institutions. 6. A counter affidavit has been filed on behalf of the 7th respondent, University of Calicut stating that the nomenclature of the programme and the duration is more or less the same and that the feasibility of issuance of equivalence certificate was considered and it was thereafter that Ext.P2 order was passed. However, it specifies that UGC treats Sanskrit General and Sahitya Special as distinct for NET and JRF tests and the PG degrees under these two heads cannot be treated as equivalent. It is further stated that granting of Equivalency for programmes for higher studies or employment or both is vested with the Academic Bodies of the University for which they may analyse the syllabus contents of the Programme. The Meeting of the Board of Studies held on 5.7.2013 resolved to equate the MA Sanskrit Language and W.P(C) No. 21254/23 11 Literature (General) and MA Sanskrit Sahitya Special Courses of the University mutually for employment purposes by taking into account certain factors. 7. Respondents 9 to 35 were impleaded as additional respondents as they are likely to be affected by the outcome of the writ petition. They stated that based on the equivalency certificate issued by one of the Universities in Kerala, they may be treated as qualified. They also contended that the writ petition is not maintainable and all the petitioners had applied for the post notified under Ext.P5. It is also stated that the remedy is to approach the Administrative Tribunal challenging the revised shortlist or by filing a review on Ext.P7 order or P8 judgment of this Court and a fresh writ petition is not maintainable. It is also submitted that the candidates availed the benefit of Ext.P2 order which permitted them also to apply for the post in question and, therefore, for this Court under Article 226 will not delve into such academic matters as to the correctness of the Equivalency certificate thus granted by the University taking into account the relevant features. 8. A counter affidavit has been filed on behalf of the Government which essentially relies on Exts.P7 and P8 judgments that quashed the erratum notification. It also places reliance on Ext.P2 order passed by the University of Calicut granting equivalency apart from relying on its order dated 6.8.1994. 9. A statement has been filed on behalf of the 3rd respondent UGC which states as follows:- W.P(C) No. 21254/23 12 “3. It is submitted that the above Writ Petition is filed challenging Exhibit P2, wherein the 7th respondent had accorded sanction for implementing the decision of the Academic Council to the effect that MA Sanskrit Language and Literature (General) and MA Sanskrit Sahitya Special Courses of Calicut University are treated as equivalent mutually for the employment purposes, and for allied reliefs. 4. It is submitted that the UGC-NET is conducted in both "Sanskrit" (Subject Code 25) and "Sanskrit Traditional Subjects" (Including Jyotisha/Sidhanta Jyotisha/ Navya Vyakarna/ Vyakarna/ Mimamsa/ Navya Nyaya/ Sankhya Yoga/ Tulanatmaka Darsana / Shukla Yajurveda/ Madhva Vedanta/ Dharma Sastra/ Sahitya/ Purana-itihasa/ Agama/ Advaita Vedanta) (Subject code 73). The Syllabi of UGC NET for Sanskrit and Sanskrit Traditional subjects are different. As is evident from the nomenclature of Sanskrit Traditional Subjects, it entails study of several specialized subjects. True copy of the syllabus of the subject " Sanskrit" (Subject Code 25) published by the UGC NET Bureau is produced herewith and marked as **Annexure R3(a)** . The syllabus of the subject "Sanskrit Traditional Subjects" (Subject Code 73) published by the UGC NET Bureau is in Sanskrit and is a different syllabus comparing to Annexure R3(a). 5. It is submitted that both "Sanskrit" and "Sanskrit Traditional Subjects" conducted as separate subjects since they have different syllabi and course contents. Separate NET certificates are issued for subject codes 25 and 73, depending upon which subject the candidate applied for and qualified. 6. It is submitted that the NET Bureau, University Grants Commission does not prescribe suitability of any discipline for a particular teaching position. However, suitability of a candidate for any teaching position lies within the jurisdiction of the concerned appointing authority only, according to the norms.” W.P(C) No. 21254/23 13 10. Heard Sri. Thomas Abraham, the learned counsel for the petitioners, Sri. P.C. Sasidharan, the learned counsel for the Calicut University, Sri. Varun C. Vijay, the learned counsel appearing for the respondents 9 to 8, Sri. S. Krishnamoorthy, the learned counsel for the UGC, Sri. Dinesh Mathew Muricken, the learned Standing Counsel for Sree Sankaracharya University for Sanskrit and Sri. P.G. Sarojini, the learned Government Pleader. 11. After hearing all the learned counsel, one aspect to which none of the counsel objects is that the qualification for the appointment of the teachers and other academic staff in the Universities and colleges has to be in terms of the University Grants Commission notification dated 18.7.2018 as per which the qualification for selection to the post of Assistant Professor is as follows:- “4.1.i A Master’s degree with 55% marks (or an equivalent grade in a point-scale wherever the grading system is followed) in a concerned/relevant/allied subject from an Indian University, or an equivalent degree from an accredited foreign university. ## **CATEGORY NO.281/2019** Applications are invited Online only through ONE TiMe Registration from qualified candidates for appointment in the under mentioned post in Kerala Government Service. 1. Department : Collegiate Education 2. Name of Post : Assistant Professor in Sanskrit (Sahitya) 3. Scale of Pay : UGC Scale W.P(C) No. 21254/23 14 4. Number of vacancies : 2(two) Note:- …….. 5. Method of appointment : Direct recruitment 6. Age limit :------- 7. Qualifications: 1. Masters Degree in the concerned subject with at least 55% marks or its equivalent and good academic record. 2. Must have passed a Comprehensive Test in the concerned subject specifically conducted for the purpose by UGC or any agency duly constituted bythe state government in this behalf. When qualifications are being equal, preference shall be given to those candidates who possess adequate knowledge in Malayalam. Note : i) ------- ii) Candidates who have obtained Ph. D Degree in the concerned subject are exempted from passing the NET examination (GO(P) No.86/07/H.Edn dtd. 19.6.207) iii) -------- iv) ------ v) Candidates who claim equivalent qualification instead of qualification mentioned in the notification shall produce relevant Government Order to prove the equivalency at the time of verification, then only such qualification shall be treated as equivalent to the prescribed qualification concerned. vi)…...” 12. The affidavit filed on behalf of the UGC, extracted above, also clearly indicates from the extracted portion that as far as Sahitya General and Sahitya Sastra are concerned, they are treated as two different subjects for the purpose of NET and the UGC conducts separate tests under separate coding for both the subjects. In that context, it has to be stated that the equivalency W.P(C) No. 21254/23 15 now granted by Calicut University as per Ext.P2, treating both of them as the same cannot be accepted in the face of UGC Regulations as well as the affidavit filed. If both these subjects are different under different groups and the possession of NET in the subject concerned is mandatory for those candidates with no Ph.D., there cannot be any selection, dehors the UGC Regulations 2018. Since the selection process is underway and it pertains to recruitment to any civil service of the State or a civil post under the State, going by Section 15 of the Administration Tribunals Act, this Court will not be justified in probing further into the validity of the select list or even the qualifications fixed. However, a challenge to Ext.P2 can certainly be entertained by this Court, insofar as it is against the UGC Regulations, 2018. Ext.P2 order of the Calicut University is obviously without considering the relevant materials such as Ext.P1 list of the NET subjects prepared by the UGC, Ext.P3 Vision and Routemap for Sanskrit prepared by the Ministry of Human Resources Development, Ext.P4 official press release of the Government of India, the views of Sree Sankaracharya University of Sanskrit, Kalady as seen from Ext.R18, the stand of the respondents in Ext.P2 judgment, Ext.P13 order of the Kerala University, Ext.P14 Government Order dated 6.8.1994, Ext.P16(a) issued by the Principal of the Government Sanskrit College, Thiruvananthapuram, the views of the PSC as is seen from the information given under the Right to Information Act dated 25.2.2022, the qualifications fixed by the UGC for the post in question, the stand of the UGC, as is seen from the affidavit filed before this Court. None of these factors have been considered are seen reckoned while taking a decision as reflected in 16 W.P(C) No. 21254/23 Ext.P2. Apart from considering the validity of Ext.P2, this Court is not considering anything more, going by Section 15 of the Administration Tribunals Act, for which the petitioners have to take appropriate proceedings elsewhere. Under such circumstances, Ext.P2 is quashed. There will be a direction to the University of Calicut or the competent body in the University to consider the above issue taking due note of the observations made above with notice to the petitioner and also to the contesting respondents or a representative among them and to take a fresh decision within two months from the date of receipt of a copy of the judgment. The Writ Petition is allowed as above. Sd/- **MOHAMMED NIAS C.P.** **JUDGE** okb/30-3-24 W.P(C) No. 21254/23 17 ## **`APPENDIX OF WP(C) 21254/2023`** ``` PETITIONER EXHIBITS EXHIBIT P1THE TRUE COPY OF THE LIST OF NET SUBJECTS ALONG WITH THEIR RESPECTIVE SUBJECT CODES PUBLISHED IN THE WEBSITE OF THE UGC ``` ``` EXHIBIT P2THE TRUE COPY OF THE U.O. NO.2133/2015/ADMN DATED 3/3/2015 ISSUED BY THE UNIVERSITY OF CALICUT TREATING MA SANSKRIT LANGUAGE AND LITERATURE (GENERAL) AS EQUIVALENT TO MA SANSKRIT SAHITYA SPECIAL ``` ``` EXHIBIT P3THE TRUE COPY OF THE 'VISION AND ROAD MAP' FOR SANSKRIT PREPARED BY THE MINISTRY OF HUMAN RESOURCEDEVELOPMENT OF THE GOVERNMENT OF INDIA EXHIBIT P4AN OFFICIAL PRESS RELEASE OF THE GOVERNMENT OF INDIA WHICH DEPICTS THE AFORESAID ASPECTS EXHIBIT P5THE TRUE COPY OF THE NOTIFICATION DATED 11/12/2019 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION (HEREINAFTER REFERRED TO AS THE 'KPSC' FOR BREVITY) INVITING APPLICATIONS FOR APPOINTMENT TO THE POST OF ASSISTANT PROFESSOR IN SANSKRIT (SAHITYA) ``` ``` EXHIBIT P6THE TRUE COPY OF THE ERRATUM DATED 21/4/2022 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION EXHIBIT P7THE TRUE COPY OF THE ORDER DATED 25/10/2022 IN O.A. (EKM). NO.1378 OF 2022 EXHIBIT P8THE TRUE COPY OF THE JUDGMENT DATED 8/2/2023 IN O.P. (KAT) NO.38 OF 2023 EXHIBIT P9THE TRUE COPY OF THE NOTIFICATION DATED 4/5/2023 ISSUED BY THE KPSC ``` ``` EXHIBIT P10THE TRUE COPY OF THE REPRESENTATION DATED 15/6/2023 SUBMITTED BY THE PETITIONERS RESPONDENT EXHIBITS Exhibit R8(a)True copy of the instructions to applicants ``` W.P(C) No. 21254/23 18 ``` for posts in teaching faculties of Sree Sankaracharya University of Sanskrit ``` ``` PETITIONER EXHIBITS Exhibit P11ADDITIONAL INTERVIEW PROGRAMME I, FOR THE MONTH OF JANUARY 2024 PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION ``` ``` RESPONDENT EXHIBITS Exhibit R9(a)A true copy of the ranked list No.524/18/SSVI categoryNo.133/2015,dated18.07.2018 published by the Kerala Public Service Commission Exhibit R9(b)A true copy of the ranked No.525/18/SSVI category No. 425/2017 dated 18.07.2018 for the post of Lecturer in Sanskrit (General) published by the Kerala Public Service Commission Exhibit R9(c)A true copy of the ranked No.526/18/SSVI category No. 426/2017 dated 18.07.2018 for the post of Lecturer in Sanskrit (General) published by the Kerala Public Service Commission Exhibit R9(d)A true copy of the ranked No.527/18/SSVI category No. 427/2017 dated 18.07.2018 for the post of Lecturer in Sanskrit (General) published by the Kerala Public Service Commission ``` ``` Exhibit R9(e)A true copy of the ranked No.528/18/SSVI category No. 428/2017 dated 18.07.2018 for the post of Lecturer in Sanskrit (General) published by the Kerala Public Service Commission ``` ``` PETITIONER EXHIBITS EXHIBIT P12THE TRUE COPY OF THE JUDGMENT DATED 06/02/2018 IN WP(C) NO.4059 OF 2018 EXHIBIT P13THE TRUE COPY OF THE UNIVERSITY ORDER ``` W.P(C) No. 21254/23 19 ||**`NO.AC.A.II/2/015307/14/2018 DATED 20/04/2018`**| |---|---| |**`EXHIBIT P14`**|**`THE TRUE COPY OF THE GAZETTE NOTIFICATION OF`**| ||**`G.O.(P)NO.114/94/H.EDN DATED 06/08/1994`**| |**`EXHIBIT P15`**|**`THE`**<br>**`TRUE`**<br>**`COPY`**<br>**`OF`**<br>**`THE`**<br>**`NOTIFICATION`**| ||**`NO.GR2B3/16/2019-KPSC DATED 21/04/2022`**| |**`EXHIBIT P16`**|**`THE TRUE COPY OF THE COMMUNICATION DATED`**| ||**`26/10/2022 OF THE COLLEGE EDUCATION DIRECTOR`**| |**`EXHIBIT P16(a)`**|**`THE TRUE COPY OF LETTER DATED 05/11/2022 SENT`**| ||**`BY PRINCIPAL OF GOVERNMENT SANSKRIT COLLEGE,`**| ||**`THIRUVANANTHAPURAM`**| |**`EXHIBIT P16(b)`**|**`THE TRUE COPY OF LETTER DATED 23/01/2023 SENT`**| ||**`BY THE PRINCIPAL OF GOVERNMENT SANSKRIT`**| ||**`COLLEGE, THRIPPUNITHURA`**| |**`EXHIBIT P16(c)`**|**`THE TRUE COPY OF LETTER DATED 20/01/2023 SENT`**| ||**`BY HOD OF SANSKRIT GOVERNMENT SANSKRIT`**| ||**`COLLEGE, PATTAMBI`**| |**`EXHIBIT P17`**|**`THE TRUE COPY OF THE QUESTIONS DATED`**| ||**`04/02/2022 AND ANSWERS GIVEN TO THE SAME`**| |**`EXHIBIT P18`**|**`THE TRUE COPY OF THE QUESTION DATED 26/04/2022`**| ||**`UNDER RTI AND THE REPLY THERETO`**| |**`EXHIBIT P19`**|**`A COMPARATIVE TABULATED STATEMENT OF THE`**| ||**`COURSE CONTENT OF BOTH MA SANSKRIT LANGUAGE`**| ||**`AND LITERATURE (GENERAL) AND MA SANSKRIT`**| ||**`SAHITYA COURSE OF CALICUT UNIVERSITY`**| |**`EXHIBIT P20`**|**`THE TRUE COPY OF THE REPRESENTATION DATED`**| ||**`20/12/2017 SUBMITTED BY THE AFORESAID`**| ||**`RESPONDENTS AND ALSO OTHER MA SANSKRIT`**| ||**`(GENERAL) CANDIDATES`**| |**`EXHIBIT P21`**|**`THE TRUE COPY OF THE REPRESENTATION DATED`**| ||**`30/07/2018`**| |**`EXHIBIT P22`**|**`THE TRUE COPY OF THE ORDER GO(RT.)`**| ||**`NO.1024/2023/HEDN DATED 06/07/2023`**| ## **`RESPONDENT EXHIBITS`** W.P(C) No. 21254/23 20 **`Exhibit R4(a) True copy of the GO(P)No.114/94//H.Edn dated 06-08-1994 Exhibit R4(b) True copy of the relevant page of the UGC Regulation 2018 Exhibit R3(a) True copy of the syllabus of the subject " Sanskrit" (Subject Code 25) published by the UGC NET Bureau`**