SMITHA CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ appeal is directed against the judgment dtd. 9/12/2021 in W.P.(C) No.28283 of 2021. The appellant was the petitioner in the writ petition. The matter relates to the selection for appointment to the post of Assistant Professor in Hindi in the colleges under the fourth respondent affiliated to the Mahatma Gandhi University (the University).

(2.) Ext.P4 is the notification issued by the fourth respondent in connection with the selection. The vacancy notified was one. The selection was in accordance with 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 (the Regulations) issued by the University Grants Commission (UGC) in accordance with the University Grants Commission Act. In terms of the Regulations, the candidates shall be short-listed as provided for therein and the selection shall be made based on the performance of the candidates in the interview. The Regulations though state that the overall selection procedure shall incorporate transparent, objective and credible methodology of analysis of the merits and credentials of the applicants based on the weightage given to the performance of the candidate in different relevant parameters based on Tables 1, 2, 3A, 3B, 4 and 5 of Appendix II, it permits the University to adopt the selection procedure through their respective statutory bodies incorporating Tables 1, 2, 3A, 3B, 4 and 5 of Appendix II at the institutional level to be followed transparently in all the selection processes.

(3.) In terms of the notification, the candidates were required to submit applications in the prescribed form disclosing their credentials. The applicants were also directed to indicate the score claimed by them for the various parameters prescribed for short-listing as contained in Table 3B of Appendix II. In the tabular form prescribed for the said purpose, it was indicated that the maximum marks for the interview would be 20. It is seen that the said tabular form was later modified by the University in terms of U.O.No.2999/ACL/2021/MGU dtd. 30/6/2021. Even in the tabular form introduced in terms of the said order, the maximum marks to be awarded for the interview was fixed as 20. The petitioner as also the eighth respondent applied for selection pursuant to Ext.P4 notification. Ext.P5 is the application submitted by the petitioner on 30/5/2021. The petitioner was issued a communication by the fourth respondent on 16/10/2021 directing her to appear for the interview scheduled on 16/11/2021. Ext.P6 is the said communication. Later on 30/10/2021, the University issued Ext.P7 University Order raising the marks to be awarded for the interview to 50 from 20, in modification of U.O.No.2999/ACL/2021/MGU dtd. 30/6/2021. The split up of the marks to be awarded for the interview are also shown in Ext.P7 University Order, criterion-wise. In terms of Ext.P7, the marks to be awarded for teaching aptitude is 10, for research aptitude is 20, for domain knowledge is 10, for presentation/communication/ discussion skills is 5 and for innovative teaching skills is 5. The interview for the subject selection was conducted in accordance with Ext.P7 University Order and the eighth respondent was selected for appointment against the vacancy notified. Pursuant to the selection, the eighth respondent was appointed and she is working as Assistant Professor in Hindi in Catholicate College, Pathanamthitta under the fourth respondent.