SEBASTIAN JOSEPH Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The petitioners impugn Ext.P1 notification of the University of Kerala, to the extent to which it imposes an upper age limit of 50 years for candidates to apply to the posts of Professor to teach in its various Departments.

(2.) Sri.T.Rajasekharan Nair - learned counsel for the petitioners, vehemently argued that the afore stipulation in Ext.P1 is illegal because the applicable Regulations of the University Grants Commission, namely the "UGC Regulations on Minimum Qualifications for appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education 2018" (for short 'UGC Regulation 2018'), do not prescibe any such inhibition; and therefore, must be construed that any person who is otherwise qualified, will be eligible to apply until the age of superannuation. He argued that, however, the Kerala University appears to be banking upon its First Statutes of the year 1977, to hold otherwise; and that, going by the various judgments of the Hon'ble Supreme Court, including the recent one, namely Professor (Dr.) Sreejith P.S. v. Dr.Rajasree M.S. & Ors. (Civil Appeal Nos.7634-7635 of 2022), the University is bound by the "UGC Regulations" and cannot act contrary to the same. He thus prayed that Ext.P1, to the extent impugned, be set aside and his clients be allowed to participate in the selection process de hors the fact that they have crossed 50 years in age.

(3.) Sri.S.Krishnamoorthy - learned standing counsel for the UGC, very pertinently, submitted that the "UGC Regulations 2018" do not provide for any upper age limit for candidates to apply to the posts of Professor and that this has been specifically excluded by it, keeping mind the inviolable desideration of experienced persons being selected. He argued that the "First Statutes" of the Kerala University cannot override the "UGC Regulations" and that this is not a case where there is a lacuna in the said Regulations, but it was consciously decided not to have any upper age limit for the posts of Professor.