PRIYA VARGHESE Vs. JOSEPH SKARIAH

JUDGEMENT

(1.) This appeal is preferred by the 5th respondent in W.P.(C).No.26918 of 2022 aggrieved by the judgment dtd. 17/11/2022 of the learned Single Judge in the writ petition. The brief facts necessary for disposal of the appeal are as follows: The writ petitioner Dr.Joseph Skariah is an Assistant Professor in the Department of Malayalam in St. Berchman's College, Changanassery. In the writ petition, he impugned Ext.P4 notification of the Kannur University that published the provisional rank list of candidates for selection to the post of Associate Professor [open category] in the Department of Malayalam under the University. In the said rank list, he was ranked second after the appellant herein, the 5th respondent in the writ petition, who was ranked first. It is significant that, in the writ petition, the Kannur University that had issued the notification was not made a party and, instead, it was only the Registrar of the University, who was the signatory to Ext.P2 notification issued on behalf of the University, that was arrayed as the 6th respondent therein.

(2.) The case of the petitioner in the writ petition was that the appellant herein was not qualified to hold the post of Associate Professor that was notified for selection because;

(3.) Counter affidavits were filed on behalf of the 5th respondent/appellant, as also the Registrar of the University, refuting the contentions in the writ petition. Reply affidavits were also filed by the writ petitioner to the aforesaid counter affidavits. Thereafter, the matter was heard by a learned Single Judge. The impugned judgment: