Kerala High Court
Priyadharsan.I vs The Vice Chancellor, Sree ... on 1 October, 2021
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 14626 OF 2021
PETITIONER/S:
PRIYADHARSAN.I
AGED 35 YEARS
S/O. ISRAEL, POOSHANIVILA, P.D.NIVAS, KARUMANNOOR,
PARASSALA P.O., THIRUVANANTHAPURAM-695502.
BY ADVS.
T.R.RAJESH
AUGUSTUS BINU
ABHIJITH.K.ANIRUDHAN
RESPONDENT/S:
1 THE VICE CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF
SANSKRIT, KALADY,
ERNAKULAM-683574
*(DELETED) RESPONDENT 1 DELETED FROM PARTY ARRAY AND
STATUS OF THE R2 AND R3 ARE CHANGED R1 AND R2
RESPECTIVELY AS PER ORDER DATED 29.09.2021 IN WPC
NO.14626/2021.
2 SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
REPRESENTED BY ITS REGISTRAR, KALADY, ERNAKULAM-683574.
3 THE REGISTRAR,
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY,
ERNAKULAM-683574.
BY ADV S.PRASANTH (AYYAPPANKAVU)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14626 OF 2021
2
JUDGMENT
Petitioner through the instant writ petition, has sought indulgence of this Court for quashing Ext.P5 select list of candidates to the extent of exclusion of the name.
2. Petitioner, as per the order dated 26.7.2019, Ext.P2, was selected and appointed as Guest Lecturer in Vedeanta in Payyannur Campus of the respondent University after undergoing process of selection. Vide notification dated 31.8.2019, respondent University invited application from qualified candidates for various teaching posts in the University Ext.P3. Since the petitioner was fully qualified, submitted an application in the prescribed format Ext.P4. The short list, Ext.P5, of the candidates eligible for interview was published. The name of the petitioner was conspicuously absent in the list. Petitioner inquired that the Academic Council of the University had taken a decision to fix the cut off marks for General Category as well as other Backward Classes as 60 and 55 for the Scheduled Caste and Scheduled Tribe candidates. Petitioner belongs to the OBC category under the heading Scheduled Caste Converted to Christianity (SCCC).
3. An application under Right to Information Act seeking WP(C) NO. 14626 OF 2021 3 certain information was submitted and as per the information received, the University had taken the decision regarding the cut off marks based on the criteria for shortlisting of candidates prescribed in the University Grants Commission's directions.
4. Learned counsel for the petitioner submitted that as per the Rules of rotation applied by the KPSC for the posts other than the Last Grade Services, the petitioner comes under Sl.No.48, meaning thereby that he will be eligible only for the 48 posts on application of rotation, when selection to the post of Assistant Professor is carried out. As per Ext.P3 notification, one post of Scheduled Caste Christian (OX) was reserved in the University for the post of Assistant Professor (Sanskrit Vedeanta). But owing to the arbitrary decision on the part of the University in prescribing the cut off marks as 60, the petitioner has been eliminated from the short list which is in violation of Article 16(1) and 19(1)(g) of the Constitution of India. Even the decision of the Syndicate in prescribing the cut off marks as 60 for the General candidates as well as the Other Backward Classes is arbitrary and illegal.
5. Learned counsel for the respondent University opposed the aforementioned contentions by submitting that the petitioner was not qualified to the interview for the post of Assistant Professor because WP(C) NO. 14626 OF 2021 4 her index scores were below the cut off marks. As per Table 3A of the UGC Regulations, petitioner scored 13 marks for graduation, 25 marks for PG, 7 marks for M.Phil, 5 marks for NET, 2 marks for Research publication making the total index marks as 52. Thus the index marks scored by the petitioner is less than the cut off marks of
60. Biji Mathew, Minimol CD and the petitioner had applied for the post of Assistant Professor (Sanskrit Vedanta) in OX category. Minimol CD was averaged and disqualified. Biji Mathew secured index marks of 66 and was shortlisted. Petitioner cannot claim that the University decision in fixing cut off mark to be in violation of the UGC Regulation. Judgments of this Court in W.P.(C) No.29030/2020 and W.P.(C) No.3855/2021 have also been relied upon and urges this Court for dismissal of the writ petition.
6. In rebuttal, it has been argued that the selection process for appointment to the post of Assistant Professor should be on the basis of interview. But the fact of the case is that there was only one shortlisted candidates against the post of Assistant Professor (Sanskrit Vedeanta) reserved for OX category.
I have heard the learned counsel for the parties and appraised the paper book. Awarding of 52 marks as referred to in the counter statement has not been rebutted by the petitioner. It would be a WP(C) NO. 14626 OF 2021 5 farcical exercise in joining the issue with regard to fixing of lesser marks than for OBC candidates viz-a-viz, SC/ST candidates as the petitioner has not been able to make even 55% of marks. Since the petitioner has not been able to obtain minimum of 55 % marks, I am of the view that there is no force and merit in the submission for quashing Ext.P5, short list of the candidates for interview. Writ petition sans merit accordingly dismissed.
SD/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 14626 OF 2021
6
APPENDIX OF WP(C) 14626/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CURRICULUM VITA OF THE
PETITIONER.
Exhibit P2 TRUE COPY OF THE ORDER BEARING
NO.AD.A2/6012/SSUS/2019-1, DATED 26.7.2019 ISSUED BY THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT VIDE NO.AD.D/686/SSUS/2019(1) DATED 31.8.2019.
Exhibit P4 TRUE COPY OF THE DULY FILLED UP APPLICATION SUBMITTED BY THE PETITIONER DATED 28.9.2019. Exhibit P5 TRUE COPY OF THE LIST OF CANDIDATES INCLUDED IN THE SHORT LIST FOR INTERVIEW PUBLISHED BY THE 3RD RESPONDENT DATED 15.7.2021.
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE REPLY RECEIVED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT FROM THE PUBLIC INFORMATION OFFICER OF THE UNIVERSITY BEARING NO.PIO/ADMN./43-21/SSUS/2021 DATED 15.3.2021.
Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE GAZETTE NOTIFICATION DATED 18.7.2018, PUBLISHED IN THE GAZETTE OF INDIA PRESCRIBING THE CRITERIA FOR SHORT LISTING OF CANDIDATES FOR THE INTERVIEW FOR THE POST OF ASSISTANT PROFESSOR IN UNIVERSITIES.
Exhibit P8 TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE 50TH MEETING OF THE ACADEMIC COUNCIL OF THE UNIVERSITY DATED 30.11.2019. Exhibit P9 TRUE COPY OF THE RELEVANT PAGE OF THE MINUTES OF THE SYNDICATE APPROVING THE DRAFT WP(C) NO. 14626 OF 2021 7 REGULATIONS FOR MINIMUM QUALIFICATIONS AND SELECTION PROCEDURES FOR THE DIRECT RECRUITMENT OF ASSISTANT PROFESSORS DATED 18.1.2020.
Exhibit P10 TRUE COPY OF THE ROTATION CHART APPLIED BY THE PUBLIC SERVICE COMMISSION IN THE STATE OF KERALA FOR POSTS OTHER THAN LAST GRADE SERVICES.
Exhibit P11 TRUE COPY OF THE CHART SHOWING THE PERCENTAGE OF RESERVATION BEING GIVEN TO VARIOUS COMMUNITIES IN THE STATE OF KERALA. Exhibit P12 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 22.12.2020 IN WP(C)28797/2020.
RESPONDENT'S EXHIBITS R1(a): TRUE COPY OF THE JUDGMENT DATED 17.2.2021 OF THIS HON'BLE COURT IN W.P.C 29030/2020 R1(b): TRUE COPY OF THE JUGMENT OF THIS HON'BLE COURT DATED 4.3.2021 IN W.P.(C) NO.3855/2021