DR. SAJNA JALEEL Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) This writ petition is filed seeking directions to the respondents to refrain from rejecting the application of the petitioner for selection to the post of Professor in Education on the ground that she does not possess the required teaching experience. It is submitted that the petitioner is working as Assistant Professor Stage-II in the School of the Pedagogical Sciences of the 1st respondent-University. It is stated that she is an applicant to the post of Professor in the School of Pedagogical Sciences. The petitioner had worked in the National Training College for Women, Pazhakutty, Thiruvananthapuram as Lecturer in Education from 11.1.1999 to 11.1.2006. She was appointed as Lecturer in Mar Theophilus Training College, Thiruvananthapuram from 12.1.2006 to 5.4.2008 and later she was later appointed as Principal in MAET Training College, Thiruvananthapuram. She was later appointed as Lecturer in the School of Pedagogical sciences on 12.1.2009. She contends that she has 8 years and 6 months of service in affiliated colleges under the University and in the University itself and if the period from 12.1.2006 to 5.4.2008, the period which she was working as Lecturer in Mar Theophilus Training College, Thiruvananthapuram, is also taken into account, she will have more than ten years of required teaching experience and would be eligible for appointment.

(2.) A statement has been filed on behalf the University contending that going by Clause 4.1.0 of the UGC Regulations, a person aspiring for appointment as Professor should have a minimum of ten years of teaching experience in University/College, and/or experience in research at the University/National level institutions/industries, including experience of guiding candidates for research at doctoral level. It is stated that Clause 10.1 of the regulations provides that previous regular service, whether national or international, in university, college etc. should be counted subject to the condition that the post was filled up in accordance with the prescribed selection procedure as laid down in the Regulations of University/State Government/ Central Government/concerned institutions, for such appointments. It is stated that Clause 5.1.3 of the Regulations provides for composition of Selection Committee. It is stated that the Selection Committee constituted for selection to the post of Professor interviewed the petitioner with other candidates and on noticing that her services prior to her appointment as Asst. Professor in the School of Pedagogical Sciences on 21.2.2006 was in self financing sector and that the appointment was not certified to have been made in accordance with the selection procedure laid down, she was not selected for appointment. It is stated that if the period from 12.1.2006 to 5.4.2008 is excluded, the petitioner does not have the required 10 years of experience.

(3.) A reply affidavit has been filed by the petitioner contending that she was not actually interviewed by the Selection Committee. Exhibit P4 experience certificate issued by the National Training College for Women, Pazhakutty Nedumangad is produced to contend that the petitioner had been appointed after due selection process. Exhibit P5 certificate issued by the Principal of the Mar Theophilus Training College is also produced. Exhibit P6 communication of the University dated 26.5.2007 stating that the University had endorsed the petitioner in the staff list for the unaided M.Ed course in the Mar Theophilus Training College, Nalanchira, Thiruvananthapuram w.e.f. 12.1.2006 is also produced. Exhibit P7 certificate issued by the Muslim Association Educational Trust with regard to her service as Principal from 7.4.2009 and Exhibit P8 certificate dated 15.7.2017 with regard to the continuance of the petitioner as Asst. Professor in the School of Pedagogical Sciences from 12.1.2009 are also produced. It is also contended that one M.H. Illyas who had less than ten years of teaching experience had been appointed as Professor in the School of Behavioural Sciences and the appointment was also approved.