KANNUR UNIVERSITY, MANGATTUPARAMBA Vs. R K SUNIL KUMAR

JUDGEMENT

(1.) The Kannur University represented by its Registrar and the Selection Committee, for appointment to the post of Lecturer in the Department of Information Science and Technology, under it have filed this appeal, impugning the judgment of the learned Single Judge in W.P.(C) No.12494 of 2009.

(2.) The crux of the controversy in this case revolves around the qualification or otherwise of the first respondent herein, who was the petitioner in the writ petition, for being appointed to the post of Lecturer in Information Science and Technology. While on one hand, the University asserts that the first respondent herein is not qualified under the relevant Regulations, the first respondent on the other, contends that he is fully qualified under the then applicable regulations as well as the relevant notifications calling for candidates to such posts. The learned Single Judge on a compendium of all the submissions, pleadings, materials and the contentions raised by the parties came to the conclusion that only the first respondent could have been found qualified for being appointed to the post since other candidates viz., respondents 2 and 3 herein, cannot be found eligible for appointment on various grounds. The learned Judge also took the view that since the relevant UGC guidelines had not been notified, at the time when appointments were sought to be made, the first respondent herein cannot be denied the selection and consequent appointment on the basis of expost facto Regulations, that came into force much later.

(3.) The appellants herein impugn the judgment of the learned single Judge on various grounds, but primarily asserting that the first respondent herein/writ petitioner does not have the requisite qualification for being appointed to the post of Lecturer in Information Science and Technology, even going by the notifications under which the candidates were invited for selection.