Kerala High Court
Dany Joy vs State Of Kerala on 16 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:97078
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 16TH DAY OF DECEMBER 2025/25TH AGRAHAYANA, 1947
WP(C) NO. 47058 OF 2025
PETITIONER:
DANY JOY,
AGED 34 YEARS,
S/O. LATE JOY SEBASTIAN PALLIKUNNEL HOUSE
EZHUMUTTOM P.O, CHALASSERY THODUPUZHA,
IDUKKI DISTRICT, PIN - 685605
BY ADVS.
SRI.V.PHILIP MATHEWS
SHRI.ASHISH MATHEW JOHN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY DEPARTMENT OF HIGHER
EDUCATION KERALA GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF COLLEGIATE EDUCATION
STATE SECRETRIATE THIRUVANANTHAPURAM,
PIN - 695001
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
GENERAL HOSPITAL ROAD,
ERNAKULAM, PIN - 682011
4 MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
PRIYADARSINI HILLS,
ATHIRAMPUZHA P.O,
KOTTAYAM, PIN - 686562
2025:KER:97078
W.P.(C) No.47058/2025
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5 THE VICE -CHANCELLOR,
MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS,
ATHIRAMPUZHA P.O, KOTTAYAM,
PIN - 686562
6 THE MANAGER,
CORPORATE EDUCATIONAL AGENCY, DIOCESE OF
KOTHAMANGALAM BISHOP'S HOUSE KOTHAMANGALAM,
PIN - 686691
7 TONY AUGUSTINE,
ASSISTANT PROFESSOR DEPARTMENT OF MATHEMATICS
NIRMALA COLLEGE, MUVATTUPUZHA,
PIN - 686661
8 MERIN JOSE
ASSISTANT PROFESSOR DEPARTMENT OF MATHEMATICS
NIRMALA COLLEGE, MUVATTUPUZHA,
PIN - 686661
9 PROFESSOR K.V. THOMAS
AUTONOMOUS DIRECTOR NIRMALA COLLEGE,
MUVATTUPUZHA, PIN - 686661
BY ADV.
SRI.SURIN GEORGE IPE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:97078
W.P.(C) No.47058/2025
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JUDGMENT
Dated this the 16th day of December, 2025 The petitioner is aggrieved by the appointment of the respondents 7 and 8 as Assistant Professors under the Corporate Management of the 6th respondent. The petitioner would urge that he is fully qualified and has higher merit. He has been unjustly denied marks for teaching experience and ICT enabled teaching practice. Ineligible candidates have been preferred for selection and appointment.
2. The petitioner would further contend that the 6th respondent has manipulated the evaluation process withholding crucial document and has acted in a biased manner. The impugned Rank List at Ext.P17 and 2025:KER:97078 W.P.(C) No.47058/2025 :4: consequential appointments are therefore arbitrary, unconstitutional and violative of Articles 14, 16, 19 and 21 of the Constitution of India. The petitioner seeks to quash Ext.P17 Rank List.
3. Going through the pleadings and arguments, I find that the petitioner has an efficacious alternate remedy of Appeal against the impugned order, before the competent Tribunal constituted under Section 69 of the Mahatma Gandhi University Act. As the petitioner has an alternate remedy, he has to approach the Tribunal under Section 69.
4. The writ petition is accordingly disposed of with the following directions:
i) The petitioner is permitted to approach the Tribunal within a period of three weeks.
ii) If the petitioner prefers Appeal against Ext.P17 within a period of three weeks, the 2025:KER:97078 W.P.(C) No.47058/2025 :5: Tribunal shall consider the matter on merits after hearing the affected parties and take appropriate decision thereon in accordance with law.
Sd/-
N. NAGARESH JUDGE SR 2025:KER:97078 W.P.(C) No.47058/2025 :6: APPENDIX OF WP(C) NO. 47058 OF 2025 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF EXPERIENCE CERTIFICATE DATED 31-07-2018 ISSUED BY MUSLIM ASSOCIATION COLLEGE OF ENGINEERING, VENJARAMOODU Exhibit P2 TRUE COPY OF EXPERIENCE CERTIFICATE DATED 19-02-2019 ISSUED BY COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM REGARDING EXPERIENCE FROM 01-08-2018 TO 25-01-2019 Exhibit P3 TRUE COPY OF EXPERIENCE CERTIFICATE DATED 03-11-2020 ISSUED BY COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM REGARDING EXPERIENCE FROM 01-08-2019 TO 10-01-2020 Exhibit P4 TRUE COPY OF EXPERIENCE CERTIFICATE DATED 16-08-2024 ISSUED BY GOVERNMENT COLLEGE, KATTAPPANA Exhibit P5 TRUE COPY OF EXPERIENCE CERTIFICATE DATED 04-05-2023 ISSUED BY NIRMALA COLLEGE, MUVATTUPUZHA Exhibit P6 TRUE COPY OF THE NOTIFICATION DATED 24- 07-24 PUBLISHED BY SIXTH RESPONDENT Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 30-01-25 SUBMITTED BY PETITIONER BEFORE THE FIFTH RESPONDENT Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 06-05-25 BY THE PETITIONER TO THE FIFTH RESPONDENT Exhibit P9 TRUE COPY OF COMMUNICATION NUMBER 18210/HEDN (M (H. EDN & SJ)) DATED 29-05-25 FROM THE OFFICE OF THE HONOURABLE MINISTER FOR HIGHER EDUCATION AND SOCIAL JUSTICE STATING THAT THE REPRESENTATION DATED 06-05-25 2025:KER:97078 W.P.(C) No.47058/2025 :7: Exhibit P10 TRUE COPY OF EMAIL FROM THE OFFICE OF THE HONOURABLE MINISTER FOR HIGHER EDUCATION AND SOCIAL JUSTICE STATING THAT THE REPRESENTATION BY PETITIONER HAS BEEN FORWARDED TO THE DIRECTOR OF COLLEGIATE EDUCATION Exhibit P11 TRUE COPY OF COMMUNICATION NUMBER DDEMK/2188/2025-A5 DATED 05-07-25 FROM THE THIRD RESPONDENT Exhibit P12 TRUE COPY OF LETTER NO CEK/HE/33/2025/TS DATED 11-06-2025 FROM THE SIXTH RESPONDENT TO THE THIRD RESPONDENT Exhibit P13 TRUE COPY OF COMMUNICATION NO 41046/AC B2- 2/2025/AD A12 DATED 09-05-25 FROM THE DEPUTY REGISTRAR III (ADMIN) & PUBLIC INFORMATION OFFICER OF THE FOURTH RESPONDENT RELATED TO INTERVIEW MARKS AND ACADEMIC SCORE SHEET FOR APPOINTMENT OF ASSISTANT PROFESSORS IN ST. GEORGE'S COLLEGE, ARUVITHURA Exhibit P14 TRUE COPY OF COMMUNICATION NO 41562/AC B2-3/2025/AD A12 DATED 09-05-25 FROM THE DEPUTY REGISTRAR III (ADMIN) & PUBLIC INFORMATION OFFICER OF THE FOURTH RESPONDENT RELATED TO INTERVIEW MARKS AND ACADEMIC SCORE SHEET FOR APPOINTMENT OF ASSISTANT PROFESSORS IN BHARATMATA COLLEGE, THRIKKAKARA Exhibit P15 TRUE COPY OF COMMUNICATION FROM THE DEPUTY REGISTRAR III (ADMIN) & PUBLIC INFORMATION OFFICER OF THE FOURTH RESPONDENT RELATED TO INTERVIEW HELD ON 28-01-2025 AND ACADEMIC SCORE SHEET FOR APPOINTMENT OF ASSISTANT PROFESSORS BY SIXTH RESPONDENT BASED ON EXHIBIT P6 DATED NILL Exhibit P16 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 18-07-2018 BY THE UNIVERSITY GRANTS COMMISSION—UGC 2025:KER:97078 W.P.(C) No.47058/2025 :8: REGULATIONS ON MINIMUM QUALIFICATION FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION, 2018 Exhibit P17 TRUE COPY OF THE RANK LIST DATED 28-01- 2025 PUBLISHED BY THE SIXTH RESPONDENT Exhibit P18 TRUE COPY OF THE COMMUNICATION DATED 08-08-25 FROM THE FOURTH RESPONDENT IN RESPONSE TO THE PETITION FILED BEFORE THE HONOURABLE MINISTER FOR HIGHER EDUCATION Exhibit P19 COPY OF THE REPRESENTATION DATED 25-08- 25 BY THE PETITIONER TO THE FOURTH RESPONDENT Exhibit P20 TRUE COPY OF THE COMMUNICATION DATED 15-10-25 FROM THE FOURTH RESPONDENT REJECTING EXHIBIT P19.