IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 22072 OF 2022
PETITIONER:
DR. K.V. LAZAR
AGED 69 YEARS
TP6/785, CHENAKKAL, CALICUT UNIVERSITY P O-673635,
MALAPPURAM DISTRICT, EMAIL - [email protected]
BY ADVS.
Dr.K.M.GEORGE
CHITHRA P.GEORGE
RESPONDENTS:
1 THE UNIVERSITY OF CALICUT
REPRESENTED BY THE REGISTRAR, UNIVERSITY OF
CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM
DISTRICT, PIN- 673 635.
2 THE REGISTRAR,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O.,
MALAPPURAM DISTRICT, PIN - 673 635.
SRI.P.C.SASIDHARAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22072 OF 2022 2
JUDGMENT
The petitioner has approached this Court with a singular plea that Ext.P4 order of the University of Calicut be directed to be implemented within a time frame to be fixed by this Court. He says that he has reliable information that Ext.P4 is not being implemented by the University solely on account of an audit objection raised much subsequent to it; and argues that this is illegal and unlawful because the University is governed by its own Statutes and that action taken thereunder, as also under its applicable Regulations, cannot be overruled or superseded by an audit objection. The petitioner, therefore, prays that the reliefs sought for in this writ petition be granted to him without any further delay.
2. I have heard Dr.K.M.George - learned counsel for the petitioner and Sri.P.C.Sasidharan - learned Standing Counsel for the Calicut University,.
3. Sri.P.C.Sasidharan - learned Standing Counsel for the University, affirmed that Ext.P4 had been issued by the University as early as on 05.10.2018; but explained that, subsequently, when audit objections were raised, they were rendered incapacitated from implementing the same. He argued that since the petitioner has not WP(C) NO. 22072 OF 2022 3 produced a copy of the audit objections, he cannot now seek an omnibus prayer that Ext.P4 be implemented; and thus prayed that this writ petition be dismissed.
4. Even when I hear Sri.P.C.Sasidharan on the afore lines, as rightly argued by Dr.K.M.George, normally, decisions taken by the University are as per their Statutes, Regulations and the applicable Rules governing the field. Therefore, when valid decisions are taken by them, particularly in favour of teachers like the petitioner, they are necessary to be implemented; and I fail to understand how they can refuse to do so merely on the basis of an audit objection, which usually cannot overrule such decisions taken validly under the applicable statutory schemes.
5. However, since the petitioner has not produced the copy of the audit objections and says that he has not been even served with the same until today, I am certain that the entire matter will require to be considered by the competent Authority of the University without any further delay.
Resultantly, I allow this writ petition and direct the competent Authority of the University to hear the petitioner within a period of two weeks from the date of receipt of a copy of this judgment and then take a decision as to the implementation of Ext.P4. WP(C) NO. 22072 OF 2022 4
If, for any reason, the University is to find that Ext.P4 cannot be implemented, then they shall notify the petitioner and inform him, through an appropriate proceedings, as to why it cannot be done, so as to enable him to invoke further remedies in law, as he may be advised.
The resultant order, in either of the two afore scenario, shall be issued not later than two weeks from the date on which the hearing of the petitioner is completed.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/10.8 WP(C) NO. 22072 OF 2022 5 APPENDIX OF WP(C) 22072/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT PAGES OF "UGC (MINIMUM QUALIFICATION FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION) REGULATIONS, 2010 (NO. F. 3-1/2009 (PS)" DATED 30/06/2010.
Exhibit P2 TRUE COPY OF RELEVANT PAGES OF THE CALICUT UNIVERSITY NOTIFICATION NO.3696/GA-I-F1/2013/CU DATED 26/02/2014. Exhibit P3 TRUE COPY OF U.O. NO. 84726/GA-II-F-SO/ 2014/ADMN DATED 16/6/2018 ON CAS VERIFICATION COMMITTEE.
Exhibit P4 TRUE COPY OF THE UNIVERSITY ORDER U.O.
NO. 11716/2018 ADMN DATED 05/10/2018. Exhibit P5 TRUE COPY OF THE PETITIONER'S REQUEST DATED 01/11/2018.
Exhibit P5(A) TRUE COPY OF THE PETITIONER'S REQUEST (OPTION FORM) DATED 18/12/2018.
Exhibit P5(B) TRUE COPY OF THE PETITIONER'S REPRESENTATION TO THE 1ST RESPONDENT DATED 15/03/2022.
Exhibit P6 TRUE COPY OF THE SYNDICATE RESOLUTION 2012.777.
Exhibit P1 True copy of "relevant pages i.e. "Page Nos.7848, 7849, 7850, 7851, 7852, 7882, 7883, 7884, 7885, 7886, 7887 and 7888" of "UGC (Minimum Qualification for Appointment of Teachers and othr Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards In Higher Education) Regulations, 2010 (No.F.3-1/2009 (PS)" dated 30.6.2010".