UNIVERSITY OF KERALA Vs. SOUMYA T.CYRIAC

JUDGEMENT

(1.) This appeal is filed by the University of Kerala, its Syndicate and the Vice Chancellor challenging the judgment dated 25/1/2019 in WP(C) No. 32498 of 2017. By the impugned judgment, the learned single Judge, while arriving at a finding that the selection of the petitioner as Assistant Professor in the Department of Chemistry at St Michael's College, Mayithara was proper, directed the University to consider her approval based on the admissibility of the post within a specified time.

(2.) The Writ petition was filed when there was delay on the part of the University in approving the appointment of the petitioner as Assistant Professor in the Department of Chemistry. Petitioner was one among the candidates who applied for the said post as per Ext.P1 notification dated 18/12/2013. By Ext.P7 dated 31/5/2017, the University informed the college that the selection made by the Committee in various departments cannot be approved as there were certain defects, and they were directed to submit fresh proposals. As far as the Department of Chemistry was concerned, the objection raised was that Ph.D holders were not awarded 15 marks as per the recommendation made by the standing committee of the Syndicate. If such marks were awarded, the rank position would have been shuffled entirely. It was further observed that the score sheet was corrected in such a way that the original rank position of the candidates under different streams were retained by making changes in the interview marks. By yet another letter dated 30/8/2017, the Manager of the college was asked to resubmit the proposals as resolved by the Syndicate, as per directions issued in WP(C) No. 25225 of 2017. As far as the petitioner is concerned, it was mentioned that the score sheet should have been returned with the revised ranked list ensuring that there should not be any change in the marks awarded for the interview from the original score sheet submitted, whereas marks for Ph.D, M.Phil and B.Ed, and other publications should be given as per University guidelines.

(3.) Learned single Judge observed that, in so far as the selection committee has followed the procedure, as per the UGC Regulation wherein separate criteria had been adopted, the scope of enquiry to be conducted by the University is limited to the extent of finding out whether the selection was in accordance with the UGC Regulation with regard to the qualification and norms. The selection committee having followed all the 3 criterias specified by UGC, University cannot interfere with the selection process. Though the University had raised certain objections to the award of marks in regard to the academic qualification, the same is within the domain of the selection committee to award such marks on academic performance as preferable to selection criteria under the UGC norms and accordingly the objection raised by the Syndicate had been overruled and consequently the aforesaid directions had been issued.