GOPALAKRISHNA PILLAI Vs. KANNUR UNIVERSITY

JUDGEMENT

(1.) Among the three Writ Petitions above, WP(C)Nos.9253/2021 and 20817/2022 have been filed by the Secretary of NSS College Central Committee - which is stated to be a Corporate Management, with several colleges under them, including 'PR NSS College', Kannur; while, WP(C)No.16076/2022 has been filed by Dr.S.Gopalakrishna Pillai, asserting that he is fully eligible to be promoted as the Principal of the aforementioned college, consequent to the evaluation of his credentials by its management, through a screening process.

(2.) The controversy in these cases has two layers:

(3.) Sri.R.T.Pradeep - learned counsel appearing for the Corporate Management in two of the afore cases, submitted that the action of the Kannur University in refusing to approve the selection of Dr.Gopalakrishna Pillai as the Principal of the College and the amendments brought in by the Mahatma Gandhi University to their Statutes, requiring even promotions to be assessed as per "UGC Regulations 2018", are illegal and unlawful. He argued that, in fact, when his clients had made selection from the existing teachers for the purpose of promotion to the post of Principal, it had been interdicted by this Court through judgment in WP(C)No.35765/2018 - a copy of which has been produced on record as Ext.P3 in WP(C)No.9253/2021 - holding affirmatively that promotions can be offered only as per the applicable University Regulations, which is to mean, on the principle of 'seniority cum fitness'.