C V MOHAN KUMAR Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The petitioner challenges the decision contained in Ext. P1 by which he has been informed that the Selection board, at its meeting held on 27-09-2001, assessed his suitability for the post of Joint Registrar and had recommended that he has been found to be not suitable for such promotion.

(2.) The petitioner's case is that he had been subjected to hostile discrimination in as much as he has been denied promotion in spite of being called before the Selection Board on three occasions and that the Selection Board was not constituted in terms of the relevant provision, which is Statute 8 in Chapter 4 of the Kerala University First Statutes, 1977, hereinafter referred to as. the "Statutes". His further case is that the University adopts a policy of mere pick and choose with no reference to the service records and without appropriately assessing the competence. The learned-counsel for petitioner, in support of the writ petition, made copious reference to the materials on record, including an order by which yet another employee was imposed with punishment, to state that even that employee was promoted.

(3.) The University asserts in its counter affidavit that the petitioner was subjected to the process of selection by the Selection Board and was found to be not suitable for being promoted as Joint Registrar. Refuting the different allegations levelled against the University, a memo, Ext. Rl (a), issued to the petitioner is also relied on to point out that his conduct is itself a matter of record. As regards the contention of the petitioner that appropriate Selection Board was not constituted, the plea of the University is that the selection was made by as Selection Board in terms of the provision referred to above and that there is no provision in the Statutes which prescribes the minimum quorum for the meeting of the Selection Board and that therefore as a matter of practice, the Vice-Chancellor and at least one Syndicate Member with the assistance of the University officials take the decision regarding assessment of officers suitable for promotion.