LAWS(KER)-2003-1-72

RAVINDRAN NAIR Vs. MAHATMA GANDHI UNIVERSITY

Decided On January 22, 2003
RAVINDRAN NAIR Appellant
V/S
MAHATMA GANDHI UNIVERSITY Respondents

JUDGEMENT

(1.) THE appellant challenged the selection and appointment of the second respondent as Reader in the School of Chemical Sciences. THE petition having been dismissed by the learned single judge, he has filed the present appeal. A few facts as relevant for the decision of this case may be briefly noticed.

(2.) ON September, 26,1996, the University advertised various posts of Teachers in different Departments. This included the post of reader in the School of Chemical Sciences. The post was in the specialisation of Inorganic Chemistry. It was mentioned in the advertisement that the qualification for the post shall be "as prescribed by the U. G. C. ". The appellant alleges that the qualifications had been laid down by the university Grants Commission vide letter dated October, 16, 1991. These had been accepted by the University and were embodied in Ext. P7. According to this decision of the University, the qualifications for the post of Reader were as follows:? "ii (a) Readers (Direct Recruitment) Essential qualifications 1. A first class Master's degree or a second class master's degree with at least 55% marks or an equivalent grade of Master's degree level of the Indian University or a Foreign University recognized by the university in the subject concerned. 2. Either a research degree of a Doctorate standard or published research work of high standard adjudged as equivalent to Doctorate standard by the experts in the selection committee.

(3.) THE solitary contention raised by Mr. Ramakumar, learned counsel for the appellant is that the decision of the University as embodied in Ext. R2 (b) does not conform to the provisions of the Mahatma Gandhi university Act, 1985. Thus, the second respondent cannot be described as being qualified for the post of Reader. THE claim as made on behalf of the appellant has been contested by learned counsel for the respondents.