M BAVAKUTTY Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) In this original petition, the petitioner is challenging his removal from the service of the Calicut University as "Professor in Library Science" by the 2nd respondent Vice Chancellor of Calicut University by Ext.P14 order. This case has a chequered history as revealed from the facts of the case which are not much in dispute except for some minor variations and are as under.

(2.) The petitioner entered the service of the 1st respondent University as a Deputy Librarian on 28.3.1977. He was selected and appointed as University Librarian in 1987. In 1988, the University conducted a selection to the post of Professor in Library Science to which the petitioner and tow others namely M/s.Raju.M.Mathew and M.Parameswaran applied. Finding the petitioner to the lone candidate possessing the requisite qualifications, the screening committee rejected the applications of the other tow. The minutes of the screening committee was approved by the Syndicate, which constituted a Selection Committee in accordance with the Statutes. The Selection committee selected the petitioner for appointment. Challenging the rejection of his application the said Sri.Raju.M.Mathew approached the University Appellate Tribunal, in appeal the dismissal of which was taken by before this Court in O.P.No.5446/1990. He filed another independent O.P also as O.P.No.9346/1990. The said Sri.M.Parameswaran also filed O.P.No.9335/90 challenging rejection of his application.

(3.) Appeals were filed against the decision of the learned Single Judge, both by the petitioner and the University. In the appeal filed by the university, namely W.A.No.686/1994 the University moved C.M.P.No.5804/1998 in which a Division Bench of this Court by Ext.P1 order dated 6.11.1998 permitted the University to fill up the post of Professor in Library Science on the basis of the recommendation made by the Selection Committee on a provisional basis pending disposal and subject to the final outcome of the appeal. Pursuant thereto, the University appointed the petitioner as Professor in Library Science by Ext.P2 order dated 24.12.1998.