UNIVERSITY OF KERALA Vs. ANAS N. ASSISTANT PROFESSOR

JUDGEMENT

(1.) The appeal is filed by University of Kerala and its officers, challenging the judgment dated 26/9/2018 in WP(C) No. 30605/2017, by which the learned single Judge allowed the writ petition and directed the University to approve the appointment of the petitioner, subject to any challenge made by any aggrieved person, including the additional 5th respondent.

(2.) In fact, the petitioner challenged Ext.P7, a communication dated 27/10/2016 issued by the Registrar of the University to the Manager of M.S.M College, Kayamkulam. By the aforesaid communication, the University did not approve the appointment of Assistant Professors in the Department of Mathematics, Political Science and Physical Education. As far as the case on hand is concerned, the issue related to appointment of the petitioner in the Department of Political Science. The University found fault with the selection committee having not awarded marks for Ph.D qualification. Further, it was mentioned that the marks awarded for academic performance of graduation level exceeds the maximum limit of 5.

(3.) While impugning the aforesaid stand of the University, it was inter alia contended by the petitioner that once the statutory selection committee selects a candidate on merit and the select list is published, the University cannot modify or vary the same. It was further contended that even though the select list was prepared much earlier and an order of appointment had been issued as early as on 20/10/2015, as per Ext.P5, no action was taken by the University for quite some time and accordingly the petitioner had approached this Court challenging Ext.P7 and also for a direction to the University to approve the appointment of the petitioner within a time frame.