Kerala High Court
The Cochin University Of Science And ... vs Dr.Reji Sreenivas on 2 February, 2021
Bench: A.M.Shaffique, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
WA.No.1720 OF 2020
AGAINST THE JUDGMENT IN WP(C) 15386/2018(W) OF HIGH COURT OF
KERALA DATED 23/10/2020
APPELLANTS/RESPONDENTS 1 TO 4:
1 THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
REP.BY ITS REGISTRAR, COCHIN UNIVERSITY P.O.,
COCHIN 682 022, WRONGLY SHOWN IN THE CAUSE TITLE
OF THE JUDGMENT AS THE COCHIN UNIVERSITY, REP.BY
ITS REGISTRAR, COCHIN UNIVERSITY P.O.,
COCHIN 682 022
2 THE VICE CHANCELLOR
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O., KOCHI 682 022, WRONGLY
SHOWN IN THE CAUSE TITLE OF THE WP(C) AND IN THE
JUDGMENT AS 692 022
3 THE REGISTRAR
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O., KOCHI 682 022, WRONGLY
SHOWN IN THE CAUSE TITLE OF THE WP(C) AND IN THE
JUDGMENT AS 692 022
WA No.1720/20 & conn. cases
-:2:-
4 THE SELECTION COMMITTEE FOR MAKING SELECTION
AND APPOINTMENT TO THE POST OF ASSOCIATE
PROFESSOR IN
THE DEPARTMENT OF MARINE GEOLOGY AND
GEOPHYSICS, REP.BY ITS CHAIRMAN, THE VICE
CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE AND
TECHNOLOGY, COCHIN UNIVERSITY P.O.,
KOCHI 682 022, WRONGLY SHOWN IN THE CAUSE TITLE
OF THE WP(C) AND IN THE JUDGMENT AS THE
SELECTION COMMITTEE FOR MAKING SELECTION AND
APPOINTMENT TO THE POST OF ASSOCIATE PROFESSOR
IN THE DEPARTMENT OF MARINE COCHIN UNIVERSITY
OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERISTY P.O., PIN 692 022
BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
RESPONDENTS/PETITIONER & 5TH RESPONDENT:
1 DR.REJI SREENIVAS
SCIENTIST 'C', NATIONAL CENTRE FOR EARTH
SCIENCE STUDIES, SCHOOL OF MARINE SCIENCES,
AKKULAM, THIRUVANANTHAPURAM PIN 695 011,
RESIDING AT NAMBANVILAKATHU BUNGALOW, ANAYARA
P.O., THIRUVANANTHAPURAM, PIN 695 029
2 DR.JOJI V.S.
SCIENTIST 'D', CENTRAL GROUND WATER BOARD,
KEDARAM SHOPPING COMPLEX, VIVEKANAND NAGAR,
KESAVADASAPURAM,
THIRUVANANTHAPURAM, PIN 695 004
R1 BY ADV. SRI.ELVIN PETER P.J.
R1 BY ADV. SRI.K.R.GANESH
R2 BY ADV.SRI.GEORGE POONTHOTTAM (SR)
R2 BY ADV.SMT.NISHA GEORGE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20-01-
2021, ALONG WITH WA.21/2021, WA.105/2021, THE COURT ON 02-
02-2021 DELIVERED THE FOLLOWING:
WA No.1720/20 & conn. cases
-:3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
WA.No.21 OF 2021
AGAINST THE JUDGMENT IN WP(C) 15386/2018(W) OF HIGH COURT
OF KERALA DATED 23/10/2020
APPELLANT/PETITIONER:
DR.REJI SRINIVAS
AGED 48 YEARS
SCIENTIST C, NATIONAL CENTRE FOR EARTH SCIENCE
STUDIES, SCHOOL OF MARINE SCIENCES, AAKKULAM,
THIRUVANANTHAPURAM 695 011
RESIDING AT NAMBANVILAKATHU BUNGALOW,
ANAYARA P.O, THIRUVANTHAPURAM 695 029
BY ADVS.
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
RESPONDENTS/RESPONDENTS:
1 THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
REPRESENTED BY ITS REGISTRAR,
COCHIN UNIVERSITY P.O, COCHIN 682 022
2 THE VICE CHANCELLOR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O, COCHIN 682 022
WA No.1720/20 & conn. cases
-:4:-
3 THE REGISTRAR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O, COCHIN 682 022
4 THE SELECTION COMMITTEE FOR MAKING SELECTION
AND APPOINTMENT TO THE POST OF ASSOCIATE
PROFESSOR IN THE DEPARTMENT OF MARINE GEOLOGY
AND GEOPHYSICS, REPRESENTED BY ITS CHAIRMAN,
THE VICE CHANCELLOR, COCHIN UNIVERSITY OF
SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O, COCHIN 682 022
5 DR. JOJI V.S,
SCIENTIST D, CENTRAL GROUND WATER BOARD,
KEDARAM SHOPPING COMPLEX, VIVEKANAND NAGAR,
KESAVADASAPURAM, THIRUVANANTHAPURAM 695 004
R1-3 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
R5 BY SRI.GEORGE POONTHOTTAM (SR)
R5 BY ADV.SMT.NISHA GEORGE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20-01-
2021, ALONG WITH WA.1720/2020, WA.105/2021, THE COURT ON
02-02-2021 DELIVERED THE FOLLOWING:
WA No.1720/20 & conn. cases
-:5:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
WA.No.105 OF 2021
AGAINST THE JUDGMENT IN WP(C) 15386/2018(W) OF HIGH COURT
OF KERALA DATED 23/10/2020
APPELLANT/5TH RESPONDENT:
DR.JOJI V.S.
AGED 50 YEARS
SCIENTIST D, CENTRAL GROUND WATER BOARD,
KEDARAM SHOPPING COMPLEX, VIVEKANAND NAGAR,
KESAVADASAPURAM,
THIRUVANANTHAPURAM, PIN-695 004
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
RESPONDENTS/RESPONDENTS 1 TO 4 & WRIT PETITIONER:
1 THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
(WRONGLY SHOWN IN THE CAUSE TITLE OF THE
JUDGMENT AS THE COCHIN UNIVERSITY P.O, COCHIN,
ERNAKULAM DISTRICT-682 022
2 THE VICE CHANCELLOR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O, COCHIN,
ERNAKULAM DISTRICT-682 022
WA No.1720/20 & conn. cases
-:6:-
3 THE REGISTRAR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O, COCHIN, ERNAKULAM
DISTRICT-682 022
4 THE SELECTION COMMITTEE
FOR MAKING SELECTION AND APPOOINTMENT TO THE
POST OF ASSOCIATE PROFESSOR IN THE DEPARTMENT
OF MARINE , REPRESENTED BY ITS CHAIRMAN, THE
VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE
AND TECHNOLOGY, COCHIN UNIVERSITY P.O, COCHIN,
ERNAKULAM DISTRICT-682 022
5 DR. REJI SREENIVAS,
SCIENTIST, C NATIONAL CENTRE FOR EARTH SCIENCE
STUDIES, SCHOOL OF MARINE SCIENCES, AKKULAM,
THIRUVANANTHAPURAM, PIN-695 011, RESIDING AT
NAMBANVILAKATHU BUNGALOW, ANAYARA P.O,
THIRUVANANTHAPURAM -695 029.
R1-R3 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
R5 BY SRI.ELVIN PETER P.J.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20-01-
2021, ALONG WITH WA.1720/2020, WA.21/2021, THE COURT ON 02-
02-2021 DELIVERED THE FOLLOWING:
WA No.1720/20 & conn. cases
-:7:-
JUDGMENT
WA Nos.1720/2020 , 21/2021, 105/2021 Dated this the 2nd day of February, 2021 Shaffique, J.
All the parties have preferred separate appeals challenging judgment dated 23/10/2020 in WP(C) No. 15386/2018. The short facts of the case are as under and the parties are described as shown in the writ petition unless otherwise stated.
2. Writ petition was filed by Dr.Reji Srinivas challenging the selection and appointment of the 5 th respondent Dr.Joji V.S., as Associate Professor in the department of Marine Geology. The Cochin University of Science and Technology (for short 'CUSAT') invited applications as per Ext.P1 notification for appointment to various posts including Associate Professor in the department of Marine Geology and Geo Physics. The subject/specialisation was shown as Marine Geology. There were three applicants and the petitioner and 5th respondent were found to be qualified. After evaluation of their credentials, the Selection Committee prepared a ranked list. The 5th respondent was ranked No.1 and the petitioner was ranked No.2.
WA No.1720/20 & conn. cases -:8:-
3. Petitioner contended that the 5th respondent did not have Master's degree in the relevant discipline which is one among the qualifications required for the aforesaid post. He contended that when the application has been invited for the post of Associate Professor in Marine Geology, 5th respondent's Master's degree is only in Geology. Marine Geology being the specialisation or subject required, Master's degree in Geology is not sufficient for evaluating the said candidate. Yet another argument raised was that the 5 th respondent has not functioned as a Guide for Doctoral candidates and research students which is one among the minimum qualifications required as per UGC Regulations.
4. The contention urged by the petitioner was denied by the University and the 5th respondent. According to the University, the vacancy of Associate Professor reserved for Ezhava/Thiyya/Billava community has arisen owing to the superannuation of Professor A.C.Narayana, who was a faculty in the department of Marine Geology and Geo Physics and who was having specialisation in Geology. It is further stated that though the department is basically imparting education in the subject of WA No.1720/20 & conn. cases -:9:- Geology generally, the department is named as department of Marine Geology and Geo Physics. According to them, Marine Geology and Geo Physics are the offshoots of Geology and it cannot be construed as restricted to the branches such as Marine Geology and Geo Physics though the department is named as such. They have also in detail stated in the affidavit that when the criteria fixed was first class Master's degree in the relevant subject, it means the subject Geology as a whole which includes Marine Geology and Geo Physics also. According to them, the 5 th respondent had a specialisation in Geology which was enough for the faculty in question.
5. As far as the contention regarding the lack of the 5 th respondent's expertise as a guide for doctoral candidates/research students etc., is concerned, it is contended that 5th respondent was a Course Director who had guided and supervised 42 final semester B.Tech Soil and Water Engineering students of Indira Gandhi Krishi Viswavidyalaya, Raipur in their in- planned training on Ground Water Development organized by the Rajiv Gandhi National Ground Water Training and Research Institute, Raipur from 6/4/2015 to 1/5/2015. He was also a WA No.1720/20 & conn. cases -:10:- Director who had guided and supervised 6 final semester M.Tech Soil and Water Engineering students of Indira Gandhi Krishi Viswavidyalaya in their in-planned training on Ground Water Development organized by the Rajiv Gandhi National Ground Water Training and Research Institute, Raipur from 6/4/2015 to 1/5/2015. They further stated that 5 th respondent also has guided as Course Director for 13 newly recruited Group A officers of the CGWB in their training on exploration, investigation, assessment and management of ground water resources from 10 th November 2014 to January 16, 2015. Other credentials of the 5 th respondent have also been narrated in paragraph 10 of their affidavit. Therefore according to CUSAT, the 5th respondent had the requisite qualification and expertise to be appointed as Associate Professor and the Scrutiny Committee, Verification Committee and the Selection Committee after having evaluated the candidates, have arrived at a finding and ranked the petitioner and 5th respondent, there is no reason to interfere with the said ranking. It was further stated that Ext.P19 is an official communication sent by Dr.K.Sajan, who was one of the members of the Verification Committee. Dr.Sajan was a Ph.D Guide of the WA No.1720/20 & conn. cases -:11:- petitioner and they are conniving together against the 5 th respondent. Ext.P19 only indicates that Dr.K.Sajan has been requested to verify the documents proving credentials claimed by the candidates. Counter affidavit had been filed by the 5 th respondent reiterating the aforesaid facts and contending that he was duly qualified for being considered for selection to the aforesaid post.
6. The learned Single Judge after considering the matter in detail held that the University was not justified in considering the application of the 5th respondent as he did not possess Master's degree in Marine Geology. In arriving at the aforesaid finding, the learned Single Judge placed reliance on judgment of the Apex Court in Ganapath Singh Gangaram Rajput v. Gulbarga University [(2014) 3 SCC 767]. Accordingly, a direction had been issued cancelling the selection of the 5 th respondent. However, no direction had been issued to give appointment to the petitioner as the marks awarded to the 5 th respondent was 81.93 whereas the petitioner was having only 64.25 marks. It was found that since there is vast difference of marks between the selected candidate and the petitioner, no WA No.1720/20 & conn. cases -:12:- direction can be issued to appoint the petitioner. University was therefore directed to issue fresh advertisement for filling up the said post in view of the aforesaid findings. WA No.21/2021 is filed by the petitioner. His contention is that when the 5 th respondent's selection has been set aside, being the 2nd rank holder, direction ought to have been issued to appoint the petitioner and the 5 th respondent by filing WA No.105/2021 challenges the judgment as a whole.
7. We heard Sri.Elvin Peter P.J, learned counsel appearing for the petitioner, Sri.S.P.Aravindakshan Pillay, learned counsel appearing for the University, its officers and the Selection Committee and Senior counsel Sri.George Poonthottam, learned counsel appearing on behalf of the 5th respondent.
8. We have perused the files placed before us by the University.
9. The first question to be considered is whether the post of Associate Professor in the department of Marine Geology and Geo Physics requires a Master's degree in Marine Geology or whether Master's degree in Geology is enough qualification. UGC Regulations indicate that the candidate should have Master's WA No.1720/20 & conn. cases -:13:- degree in the "relevant discipline". What is 'relevant discipline' is clarified by UGC as per UGC clarifications issued during September, 2015 to a query, which is as under:
"Query: What does relevant subject mean by provision in Para 4.4.0? When recruiting a candidate for Commerce subject, does a candidate having done M.B.A.(Management Subject) become relevant subject for Commerce."
The clarification given is as under:
"The relevance of subject or inter-disciplinary nature of subject is required to be decided by the concerned University/Appointing Authority with the help of subject experts in the concerned, related field as per its requirement. UGC Regulations, 2010 defines the same".
10. It is apparent from the aforesaid clarification issued by UGC that the relevancy of the subject is required to be decided by the concerned University/Appointing Authority with the help of subject experts in the concerned/related field as per its requirement. The University has a specific case that this vacancy had arisen on superannuation of Prof.A.C.Narayana who was a faculty in the department of Marine Geology and Geo Physics and who had a specialisation in Geology. It is further stated that the department is basically imparting education in Geology though the department is named as Marine Geology and Geo Physics. Apparently, when the University was satisfied with the WA No.1720/20 & conn. cases -:14:- qualification of the 5th respondent who was having a Master's degree in Geology and who had sufficient experience in the field, and a selection committee consisting of experts have selected the 5th respondent by giving more marks than that of the petitioner, the question is whether the learned Single Judge was justified in interfering with the said selection process.
11. The contention urged by the learned counsel for the petitioner is that though the University could consider relevancy of the subject in terms of the clarification issued by the UGC, no experts were consulted before arriving at the said decision. Learned counsel points out that when the subject requirement is stated to be Marine Geology, and the documents produced indicate that a Master's degree in Geology does not contain many of the subject requirements of Marine Geology, necessarily, Marine Geology has to be considered as a separate specialisation and therefore a Master's degree in Geology may not be sufficient. Learned counsel also placed reliance on the judgment of the Apex Court in Ganapath Singh's case (supra).
12. The first question to be considered is whether Ganapath Singh (supra) can be made applicable to the fact WA No.1720/20 & conn. cases -:15:- situation. This is a case in which Prof.A.C.Narayana who had Master's degree in Geology superannuated from service from the very same department. Therefore, the Scrutiny Committee, who verified the applications, found that Master's degree in Geology was sufficient enough to select a candidate as Associate Professor in the department of Marine Geology and Geo Physics. The Scrutiny Committee consisted of Pro Vice Chancellor, Dean of Faculty (Marine Sciences) and Registrar, as per standing orders.
13. In Ganapath Singh's case (supra), the University invited applications for the post of Lecturer in Master of Computer Application (MCA). The required qualification was Master's degree in the relevant subject. The appellant had the qualification of M.Sc. Mathematics. Appellant was selected for the said post which came to be challenged before the High Court. High Court opined that for MCA course, Master's degree in Mathematics cannot be treated as a relevant subject. The matter reached the Apex Court and it was held that 'relevant subject' in the context of appointment to the post of Lecturer would mean postgraduate degree in MCA and Master's degree in Mathematics is not the relevant subject.
WA No.1720/20 & conn. cases -:16:-
14. It is settled law that each case will have to be decided on its own facts. In the case on hand, there is difference in the faculty. The Master's Degree required was in the relevant subject and the subject specialisation was stated to be Marine Geology. The question is whether a Master's degree in Geology is sufficient qualification. The learned Single Judge after having placed reliance on the judgment in Ganapath Singh's case (supra), observed that Master's degree in Marine Geology and Geology, on comparison of the subjects, cannot be construed to be identical or similar even for an ordinary prudent person.
15. In order to support the judgment of the learned Single Judge, counsel appearing on behalf of Dr.Reji Srinivas had also relied upon a Division Bench judgment of this Court in Gijo Ittoop (Dr.) v. Kerala University of Fisheries (2018 (3) KLT 1008). That was a case in which applications were invited for appointment to the post of Assistant Professor and one of the qualifications required was Master's Degree level "in a relevant subject". After referring to the judgment of the Apex Court in Rajbir Singh Dalal v. Chaudhari Devi Lal University [(2008) 9 SCC 284], Division Bench held that when the prescription is that WA No.1720/20 & conn. cases -:17:- the qualification shall be in "the" relevant subject, then alone that subject can be reckoned, whereas when the qualifications are prescribed to be in "a relevant subject" then every such relevant subject can also be reckoned and taken into account while selection is made. It is therefore argued in support of the judgment of the learned Single Judge that when Master's degree in "the relevant discipline" is required, necessarily, the candidate should have obtained Master's Degree in Marine Geology. Counsel appearing for the University as well as for the other candidate Dr.Joji V.S., however contended that when the Committee after verifying the credentials of the candidate had considered and approved Master's degree in Geology as a relevant qualification, there is no reason to take a different view in the matter.
16. First of all, the teacher who was working earlier on whose retirement the present vacancy is being filled up, was only having Master's Degree in Geology. Dr.Joji V.S. has a case that in Kerala University, there is no Master's Degree in Marine Geology and the said course is available only in CUSAT. Ext.P28 has been produced on behalf of Dr.Reji Srinivas regarding the courses attended by the candidates for M.Sc Marine Geology and M.Sc WA No.1720/20 & conn. cases -:18:- Geology. It is stated that some subjects are common whereas certain subjects do not form part of M.Sc Geology where they will be undertaking 25 additional papers instead of those courses under Marine Geology. But what we have to consider is how the relevancy of the subject is considered by UGC. As already stated, the relevance of the subject is required to be decided by the concerned University/appointing authority with the help of subject experts. The meaning of the word 'relevant' as found in Concise Oxford Dictionary 10th Edition is 'closely connected or appropriate to the matter in hand'. The meaning of the word 'relevant' in Chambers Twentieth Century Dictionary is bearing upon, or applying to, the matter in hand. In Webster's Dictionary 'relevant' meant, germane, material, pertinent, apposite, applicable, relating to or bearing upon the matter in hand. In Cambridge English dictionary, it meant 'connected with what is happening or being discussed'.
17. Apparently the relevant subject does not mean identical. It is for the appointing authority to decide on the relevancy of the subject. If the appointing authority has taken a view that Master's Degree in Geology is sufficient for a faculty of WA No.1720/20 & conn. cases -:19:- Associate Professor in the department of Marine Geology and Geo Physics, the said decision will have to be given primacy over an opinion expressed by the petitioner and the Court is not entitled to sit in judgment to arrive at the conclusion that some subjects which are included in the Master's Degree in M.Sc Marine Geology are not included in M.Sc Geology. The Committee which verified the credentials of the candidates includes the Pro-Vice Chancellor, Dean of Faculty (Marine Sciences) and the Registrar. The contention that there was no expert as contemplated in the UGC clarification does not stand good as the Dean of Faculty (Marine Sciences) himself is an expert to understand the nature of postgraduate course that can be considered for selecting the candidate aforesaid. Therefore, we are of the view that the learned Single Judge was not justified in placing reliance on Ganapath Singh's case (supra) and taking a view that Masters Degree in Geology cannot be the relevant discipline for the post of Associate Professor in Marine Geology.
18. Yet another argument raised by the learned counsel for Dr.Reji Srinivas is that 5th respondent has not produced any materials to prove "Clause 4 of the minimum qualifications". In WA No.1720/20 & conn. cases -:20:- fact, in the counter affidavit filed by the University, they have in clear terms stated as to how Dr.Joji V.S was qualified under the said qualification criteria. It is stated in their counter affidavit at paragraph 10 as under:-
"10. The allegations contained in paragraph 5 are denied being incorrect. The allegation of the petitioner in the said paragraph that apart from the above, it is submitted that the 5th respondent has no experience of guiding candidates for research at doctoral level, which is one of the mandatory qualifications prescribed in Exhibit P-1 read with Exhibit P-2 as well as Exhibit P-12 UGC regulations is false and hence denied. The further allegation in the said paragraph that thus, it is clear that the 5th respondent was not qualified to be considered for appointment to the Post of Associate Professor in Marine Geology notified as per Exhibit P-1 and he was not even entitled to be called for interview is equally wrong and hence denied. In this respect it is submitted that the 5 th respondent was a Course Director, who had guided and supervised 42 final semester B.Tech Soil and Water Engineering Students of Indira Gandhi Krishi ViswaVidyala (IGKV), Raipur in their in-planned training on "Ground Water Development" organized by the Rajiv Gandhi National Ground Water Training and Research Institute, Raipur from 6.4.2015 to 1.5.2015. At the end of supervision and guidance the Under Graduate Students submitted project thesis and awarded the degree. The 5 th respondent was a Course Director, guided and supervised 6 final semester M.Tech Soil and Water Engineering Students of India Gandhi Krishi ViswaVidyala (IGKV) Raipur in their in- planned training on "Ground Water Development" organized by WA No.1720/20 & conn. cases -:21:- the Rajiv Gandhi National Ground Water Training and Research Institute, Raipur, from 6.4.2015 to 1.5.2015. At the end of supervision and guidance the Post Graduate Students submitted project thesis and were awarded the degree. The 5 th respondent has guided a co-course Director for 13 newly recruited Group A Officers of the CGWB in their training on Exploration, Investigation, Assessment and Management of Ground Water Resources (ILTC-2014-2015) organized by Rajiv Gandhi National Ground Water Training and Research Institute, Raipur from November 10, 2014 - January 16, 2015 and subsequently under the supervision and guidance, trainees submitted project thesis and now they are eligible for probation clearance as per the norms of DOPT, GOI. The 5th respondent has guided as co-course Director for 53 new newly recruited A, B and STAs Officers/Officials of the CGWB in their training on Ground Water Development and Management of Ground Water Resources (ILTC-2015-2016) from 23.11.2014 to 11.3.2016 organized by Rajiv Gandhi National Ground Water Training and Research Institute, Raipur and subsequently under his supervision and guidance trainees submitted project thesis and now they are eligible for probation clearance as per the norms of DOPT, GOI. The 5th respondent has also guided Ms. Saleena Vaheed N, M.Sc Geology student, University College, Thiruvananthapuram in the study entitled "Ground Water Resource Estimation in the Pallichal Panchayat based on GEC revised norms 2004" during the academic year 2011-12. Subsequently she submitted the dissertation thesis and during the period she availed ASPIRE SCHOLARSHIP. The 5 th respondent has guided Mr.Jithin S.O., M.Sc Geology Student, University College, Thiruvananthapuram in the study entitled "Hydrochemical Studies of Ground Water in Karamana River Basin in and around Thiruvallom Region, Trivandrum" during WA No.1720/20 & conn. cases -:22:- the academic year 2011-12. Subsequently he submitted the dissertation thesis and during the period he availed ASPIRE SCHOLARSHIP. Therefore, after considering the entire documents relating to the qualifications and after a thorough analysis and interview of the 5th respondent, the selection committee has granted him 81.93 marks which entitled him to be ranked first in Exhibit P-23 rank list."
19. In fact, the Selection Committee has also taken note of the aforesaid facts and has given sufficient marks for the candidate under various heads. That apart, the Selection Committee has found that the 5th respondent has obtained sufficiently more points than the petitioner, which has been taken note of by the learned Single Judge himself.
20. According to the University, having found that the 5 th respondent was qualified in the relevant subject, the other qualification criteria has been achieved by the 5 th respondent. It is needless to state that when a proper Selection Committee has evaluated the respective candidates and have arrived at a decision, unless there is patent illegality or irregularity in the selection process, there is no reason for this Court to interfere.
21. Learned Single Judge had interfered in the selection process only on account of the fact that Master's Degree in Geology cannot be treated as the relevant discipline for the post WA No.1720/20 & conn. cases -:23:- of Associate Professor in Marine Geology. We have already taken a view that such a decision cannot be sustained. Under such circumstances, we are of the view that the selection conducted by the University has to be sustained.
In the result, we allow WA Nos.1720/2020 and 105/2021 and dismiss WA No. 21/2021. The judgment of the learned Single Judge stands set aside and the writ petition stands dismissed.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
GOPINATH P.
Rp JUDGE
WA No.1720/20 & conn. cases
-:24:-
APPENDIX OF WA 105/2021
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE TABLE SHOWING THE
COMPARISON OF THE SUBJECTS IN M.SC
(GEOLOGY) AND MSC. MARINE (GEOLOGY)
ANNEXURE A2 TRUE COPY OF THE RELEVANT PORTIONS OF
THE EXAMINATION NOTICE NO. 02/2020-GEOL
DATED 25.09.2019 ISSUED BY THE UNION
PUBLIC SERVICE COMMISSION.
ANNEXURE A3 TRUE COPY OF THE RELEVANT PORTIONS OF
THE EXAMINATION NOTICE NO. O1/2021-GEOL
DATED 07.10.2020 ISSUED BY THE UNION
PUBLIC SERVICE COMMISSION.
ANNEXURE A4 TRUE COPY OF THE RTI APPLICATION DATED
10.11.2020 SUBMITTED BY THE APPELLANT
TO KERALA UNIVERSITY.
ANNEXURE A5 TRUE COPY OF THE RTI REPLY NO.
A1/34971/2020/DCE DATED 25.11.2020
ISSUED BY THE DIRECTORATE OF COLLEGIATE
EDUCATION.
ANNEXURE A6 TRUE COPY OF THE RTI REPLY NO.
G3/4409/2021 DATED 04.01.2021 ISSUED BY
THE S.N. COLLEGE, VARKALA.
ANNEXURE A7 TRUE COPY OF THE RTI REPLY
NO.E1/ESTT/RTI/2020 DATED 11.12.2020
ISSUED BY THE MES COLLEGE, PONNANI
ANNEXURE A8 TRUE COPY OF THE RTI REPLY NO.
0567/RTI.1/2020 DATED 18.12.2020 ISSUED
BY THE KERALA UNIVERSITY.
ANNEXURE A9 TRUE COPY OF THE RTI REPLY NO.
MU/16/2019-20/E1 DATED 29.12.2020
ISSUED BY THE MANGALORE UNIVERSITY.
WA No.1720/20 & conn. cases
-:25:-
ANNEXURE A10 TRUE COPY OF THE RTI REPLY NO.
B1/742/2020/GCKSD DATED 22.12.2020
ISSUED BY THE GOVT. COLLEGE KASARGODE.
ANNEXURE A11 TRUE COPY OF THE G.O(P) NO. 337/81/GAD
DATED 03.10.1981.