LAWS(KER)-1972-7-4

P C ABRAHAM Vs. UNIVERSITY OF COCHIN

Decided On July 18, 1972
P.C. ABRAHAM Appellant
V/S
UNIVERSITY OF COCHIN Respondents

JUDGEMENT

(1.) By this writ petition the petitioner has sought to quash an erratum notification dated 2-2-1972 (Ext. P2) issued by the University of Cochin (1st respondent) making certain modifications in regard to the qualifications and pay specified in an earlier notification dated the 12th January, 1972 (Ext. P1) issued by the 1st respondent whereby applications had been invited inter alia for appointment to one post of part time reader in law. The petitioner has also prayed for the issuance of a writ of mandamus directing the respondents namely (1) the University of Cochin and (2) the Board of Appointments for the post of part time Reader in Law, University of Cochin respectively to forbear from making any selection to the post of part time Reader in Law on the basis of Ext. P2. Yet another relief sought by the petitioner is that the respondent should be compelled to consider the petitioner's application for the post of part time Reader in Law on its merits on the basis of the qualifications specified in Ext. P1.

(2.) The petitioner is a practising advocate of this court with a very impressive academic record. He took the M. A. Degree in International Relations from the Jadavpur University in 1961 standing first in the order of merit and thereby becoming the recipient of the Bepin Chandra Pal Memorial Medal for that year. Subsequently he passed the Master of Laws Degree examination of the Kerala University in 1967 with a second class and was first in the order of merit in the said examination in his Branch Constitutional Law and International Law. The petitioner was awarded the Sadasivan Pillay Law Prize for the year 1967 by the University of Kerala. He was also the recipient of the Nelluvai Neelakantier's Prize awarded by the Bar Council, Kerala for the year 1965. The petitioner got enrolled as an advocate on 12-6-1965. He worked as a part time lecturer in law in the Kerala Law Academy, Trivandrum during the academic year 1968-69.

(3.) Under the terms of the notification Ext. P1 originally published by the 1st respondent the qualifications specified for the post of part time Reader in Law were -- (i) A First or Second class Master's Degree of an Indian University or an equivalent qualification of a foreign University in law and (ii) some experience in teaching in a college. Since the petitioner was possessed of these qualifications he decided to apply for the appointment to the said post of part time Reader in Law and accordingly sent his application in the prescribed form by registered post on 12-2-1972. In the meantime, the erratum notification Ext. P2 dated the 2nd February, 1972 had been published by the Registrar of the University whereunder the qualifications for the post of part time Reader were modified as follows:--