V P MAHADEVAN PILLAI Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) By Ext. P1 dated 3.10.2002 the University of Kerala issued a Notification calling for applications for various posts including the post of Professor in the Department of Opto Electronics. The qualifications prescribed for the said post is as follows:

(2.) Petitioner made his application (Ext. P2) along with necessary documents. According to the petitioner he is qualified to hold the post of Professor in Opto Electronics. He has passed M.Sc. Physics with First Class, M.Phil. securing 'A' Grade in Physics and Ph.D. in Physics in Laser Raman Spectroscopy. He was also awarded Ph.D. Degree in the examination held in 1996 (Ext. P4). Petitioner was appointed as a Lecturer in Physics in St. Gregorious College, Kottarakkara on 1.10.1982. Thereafter he was appointed as Header in Physics in the said college on 24-10-1996. He has got Post Graduate Teaching experience in physics from 1993-2000 onwards. Thus the petitioner has got 18 and 1/2 years teaching experience including two years Post Graduate Teaching experience in St. Gregorious College, Kottarakkara and it was with that experience he was appointed as Lecturer in Opto Electronics in the University of Kerala on 17.5.2001. From 1.6.2001 onwards he was working as Head of the Department of Opto Electronics. He would say that he started research work in Physics from 1991 when undergoing M.Phil course. Petitioner would contend that after completing the M.Phil Course in 1992 he was registered as a Research Scholar by the University for doing Ph.D on 4.3.2002. He would contend that while doing Ph.D. and after obtaining Ph.D. also, he was continuing his research work in the field of Opto Electronics and he had got more than 12 years research experience at the time when he submitted his application besides the 3 and 1/2 years Post Graduate Teaching experience. He would contend that he was a known Scholar in Opto Electronics. Petitioner has produced Exts. P7 and P8 to show that the petitioner had contributed research papers in the Journals in 1991 and 19 92. He would say that excepting him no other applicant was a research guide which was recognised by the University from 2001 onwards.

(3.) The application of the petitioner came to be rejected vide Ext. P10 dated 24-3-2003. It is stated therein that a Certificate showing 10 years of Post Graduate Training or research experience is not produced by him. By Ext. P11 dated 8-4-2003, he represented before the Registrar inter alia stating that he had 12 years research experience at the University level as is evident from the fact that he has published papers from 1991 upto the date of application. A certificate from the Supervising Teacher for M.Phil Project and Ph.D. thesis was also produced. It is also stated in Ext. P 11 that in Ext. P1 Notification it is not mentioned that research experience should be after Ph.D. Degree. Ext. P11(a) is the Certificate issued by Dr. V. Unnikrishnan Nayar, Professor and Head of the Department of Opto Electronics certifying that the petitioner has been doing research from 1990-91 academic year as a student of M.Phil Degree course of the Physics Department, that the petitioner started the research work in 1991 and published his first research paper in Journal of Raman Spectroscopy 22, 1991, 287-89, that he published another paper in 1992 in the same journal, 23, 1992, 235-37. that the petitioner got his M.Phil Degree in 1992 and continued his research for Ph.D. Degree which he obtained in 1996 that even after getting Ph.D. Degree he was continuing the research work, that the petitioner has published several papers in Journals and Proceedings of Symposia and Conferences. It was ultimately certified that the petitioner has got a total research experience of 11 years till 16.4.2001. Ext. P11(a) was followed by Ext. P12 dated 28.6.2003 wherein it is stated that the application of the petitioner is rejected for the reason that the petitioner is not having the prescribed qualification, i.e., Post Graduate experience in teaching and / or research and guiding research at doctoral level. Petitioner addressed Ext. P13 dated 9.7.2003 which also stood rejected vide Ext. P14. Petitioner challenges Exts. P10, P12 and P14. He also seeks for a writ of mandamus declaring that Ext. P1 Notification to the extent it reserves the post of Professor in the Department of Opto Electronics to Ezhava Community is illegal, unconstitutional and void ab initio.