IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 14TH DAY OF JULY 2022 / 23RD ASHADHA, 1944
WP(C) NO. 16076 OF 2022
PETITIONER:
DR. S. GOPALAKRISHNA PILLAI, AGED 53 YEARS,
S/O. E. SANKARA PILLAI, NANTHYATH BHAVAN, IRA 72(A),
INCHIPPULLUVILA, PAPPANAMCODE,
THIRUVANANTHAPURAM - 695 018 (WORKING AS PRINCIPAL-IN-
CHARGE, PRNSS COLLEGE, MATTANNUR, KANNUR).
BY ADV M.S.RADHAKRISHNAN NAIR
RESPONDENTS:
1 KANNUR UNIVERSITY, REPRESENTED BY REGISTRAR, KANNUR
UNIVERSITY, CAMPUS P.O., KANNUR - 670 002.
2 THE VICE CHANCELLOR, KANNUR UNIVERSITY,
KANNUR UNIVERSITY COMPUS P.O., KANNUR - 670 002.
3 N.S.S. COLLEGE CENTRAL COMMITTEE,
REPRESENTED BY ITS SECRETARY, N.S.S. HEAD OFFICE,
CHANGANASSERY - 686 502.
4 DR. RAJESH. R., PRINCIPAL, N.S.S. COLELGE, OTTAPPALAM,
PALAKKAD DISTRICT, PIN - 679 502.
5 DR. JYOTHILAKSHMI P., PRINCIPAL, NSS COLLEGE, NENMARA,
PALAKKAD DISTRICT, PIN - 678 508.
BY ADVS.I.V.PRAMOD
R.T.PRADEEP
A.T.ANILKUMAR
M.BINDUDAS
K.C.HARISH
V.SHYLAJA
SRI.JOSHY THANIKAMATTAM-GP;
SRI SURIN GEORGE IPE-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2022, ALONG WITH WP(C).9253/2021, 20817/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16076 OF 2022 & Con.Cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 14TH DAY OF JULY 2022 / 23RD ASHADHA, 1944
WP(C) NO. 9253 OF 2021
PETITIONER:
SECRETARY, NSS COLLEGE CENTRAL COMMITTEE,
NSS HEAD OFFICE, PERUNNAI P.O, CHANGANACHERRY,
KOTTAYAM DISTRICT-686 102.
BY ADVS.R.T.PRADEEP
SRI.V.VIJULAL
SMT.M.BINDUDAS
SRI.K.C.HARISH
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS
REGISTRAR, PRIYADARSINI HILLS POST, UNIVERSITY
CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM-686 560.
2 REGISTRAR, MAHATMA GANDHI UNIVERSITY,
PRIYADARSINI HILLS POST, UNIVERSITY CAMPUS ROAD,
ATHIRAMPUZHA, KOTTAYAM-686 560.
3 PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADVS.SHRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
SHRI.SURIN GEORGE IPE, SC, M.G.UNIVERSITY
SRI.JOSHY THANIKAMATTAM-GP;
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2022, ALONG WITH WP(C).16076/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16076 OF 2022 & Con.Cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 14TH DAY OF JULY 2022 / 23RD ASHADHA, 1944
WP(C) NO. 20817 OF 2022
PETITIONER:
SECRETARY, NSS COLLEGE CENTRAL COMMITTEE,
NSS HEAD OFFICE, PERUNNAI.P.O., CHANGANACHERRY,
KOTTAYAM DISTRICT - 686 102.
BY ADVS.R.T.PRADEEP
M.BINDUDAS
K.C.HARISH
RESPONDENTS:
1 KANNUR UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, MORAZHA KANNAPURAM
ROAD, MANGATTUPARAMBA, KANNUR, PIN 670567.
2 REGISTRAR, KANNUR UNIVERSITY, MORAZHA KANNAPURAM
ROAD, MANGATTUPARAMBA, KANNUR, PIN 670567.
3 VICE CHANCELLOR, KANNUR UNIVERSITY, MORAZHA
KANNAPURAM ROAD, MANGATTUPARAMBA, KANNUR,
PIN 670567.
4 DR. S.GOPALAKRISHNA PILLAI, PRINCIPAL, PAZHASSIRAJA
NSS COLLEGE, MATTANNUR, KANNUR
- 670702.
BY ADVS.I.V.PRAMOD
M.S.RADHAKRISHNAN NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2022, ALONG WITH WP(C).16076/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16076 OF 2022 & Con.Cases
4
C.R.
JUDGMENT
[WP(C) Nos.16076/2022, 9253/2021, 20817/2022] Among the three Writ Petitions above, WP(C)Nos.9253/2021 and 20817/2022 have been filed by the Secretary of NSS College Central Committee
- which is stated to be a Corporate Management, with several colleges under them, including 'PR NSS College', Kannur; while, WP(C)No.16076/2022 has been filed by Dr.S.Gopalakrishna Pillai, asserting that he is fully eligible to be promoted as the Principal of the aforementioned college, consequent to the evaluation of his credentials by its management, through a screening process.
2. The controversy in these cases has two layers:
a) Whether Mahatma Gandhi University was justified in amending their Statutes, stipulating WP(C) NO. 16076 OF 2022 & Con.Cases 5 managements to select candidates for the purpose of promotion only after evaluation by a committee constituted in terms of the University Grants Commission (UGC) Regulations, 2018; and
b) Whether the order of the Kannur University, refusing to grant approval to the appointment of Dr.S.Gopalakrishna Pillai as the Principal of PR NSS College, solely on the ground that he was not assessed by a committee constituted as per the "UGC Regulations 2018", is justifiable.
3. Sri.R.T.Pradeep - learned counsel appearing for the Corporate Management in two of the afore cases, submitted that the action of the Kannur University in refusing to approve the selection of Dr.Gopalakrishna Pillai as the Principal of the College and the amendments brought in by the Mahatma Gandhi University to their Statutes, requiring even promotions to be WP(C) NO. 16076 OF 2022 & Con.Cases 6 assessed as per "UGC Regulations 2018", are illegal and unlawful. He argued that, in fact, when his clients had made selection from the existing teachers for the purpose of promotion to the post of Principal, it had been interdicted by this Court through judgment in WP(C)No.35765/2018
- a copy of which has been produced on record as Ext.P3 in WP(C)No.9253/2021 - holding affirmatively that promotions can be offered only as per the applicable University Regulations, which is to mean, on the principle of 'seniority cum fitness'.
4. Sri.R.T.Pradeep argued that, therefore, the present stand of the Kannur University, in refusing approval to the appointment of Dr.S.Gopalakrishna Pillai, which has been done by his client on the aforesaid principle; as also the amendments sought to be made by the M.G.University to their Statutes to bring in competition even in WP(C) NO. 16076 OF 2022 & Con.Cases 7 the case of promotions, are illegal and unlawful and contrary to the declarations by this Court. He thus prayed that W.P.(C)Nos.9253/2021 and 20817/2022 be allowed and the University be directed to approve the appointment of Dr.S.Gopalakrishna Pillai.
5. Sri.M.S.Radhakrishnan Nair - learned counsel appearing for Dr.S.Gopalakrishna Pillai made similar arguments as Sri.R.T.Pradeep, but conceded that an evaluation of the minimum merit of every candidate will have to be made before a promotion to the post of Principal is effected. He submitted that, therefore, his client has no objection if a particular Committee is asked to evaluate all the candidates in this regard; however, adding that the principle of 'seniority cum fitness' cannot be upset in any manner, whatsoever. He concluded his submissions contending that the Corporate Management had, in WP(C) NO. 16076 OF 2022 & Con.Cases 8 fact, evaluated his client's merit to find that he has no disqualification and has all the necessary credentials for being appointed as the Principal and thus issued the Appointment Order, since he was the senior most among all the candidates. He thus prayed that W.P.(C)No.16076/2022 be allowed and the orders impugned therein, namely Exts.P3 P5 and P16, be set aside.
6. Sri.I.V.Pramod - learned Standing Counsel for the Kannur University, controverted the afore submissions, saying that his client is only interested to ensure that the best among the talented is selected and appointed as the Principal of the College. He explained that University has refused to grant concurrence to the appointment of Dr.S.Gopalakrishna Pillai not because they had any doubts regarding his credentials or qualification, but because the screening done by the Corporate Management was not WP(C) NO. 16076 OF 2022 & Con.Cases 9 in accordance with the "UGC Regulations 2018". He explained that under the said Regulations, only a Committee, as constituted thereunder, could have conducted evaluation of the candidates; but conceded that appointment will finally have to be made on the principle of 'seniority cum fitness.
7. Sri.Surin George Ipe - learned Standing Counsel for the M.G. University, supported the amendments made to the Statutes of his client, saying that, as rightly argued by Sri.I.V.Pramod, though the principle of 'seniority cum fitness' will have to be followed in the case of promotions to the post of Principal, evaluation of minimum merit cannot be done by the Corporate Management or by persons of their choice, but by the Committee constituted as per the "UGC Regulations 2018" under the specific criteria therein, including the API Scores. He argued that, in such perspective, the writ petitions filed by the WP(C) NO. 16076 OF 2022 & Con.Cases 10 Corporate Management are untenable and unnecessary.
8. When I evaluate the afore submissions, I must say that I find substantial force in the contentions of both Sri.I.V.Pramod and Sri.Surin George Ipe, because there is no contest that promotions to the post of Principal of any College under the Corporate Management will have to be done scrupulously on the principle of 'seniority cum fitness'. This concept has already been well defined by this Court and by the Hon'ble Supreme Court, to the effect that two candidates cannot be evaluated for inter se merit, but that it should be confined to whether any of them are disqualified or without the minimum qualification; subsequent to which, their promotion will have to take place strictly in - the order of their inter se seniority. Therefore, at least for the purpose of assessing the minimum merit of the candidates WP(C) NO. 16076 OF 2022 & Con.Cases 11 and the presence of any vitiating circumstances, including disqualification, every such candidate will have to be evaluated by a Committee.
9. Axiomatically, the only surviving question is what is the nature of the aforesaid Committee.
10. Both the Kannur University and the M.G.University say that, since the "UGC Regulations 2018", postulates a particular Committee under it, the Corporate Management must follow it for the purpose of even evaluating the candidates under the principle of 'seniority cum fitness' and for consequent promotion to the post of Principal. I cannot find error in this reasoning, because the Committee - as stipulated in the "UGC Regulations 2018" - is an independent one, though having nominated members from the side of the Management also.
11. I cannot, therefore, see any reason for the Management to be, in any manner, aggrieved, WP(C) NO. 16076 OF 2022 & Con.Cases 12 particularly when the Chairperson of the afore said Committee is the President of the Governing Body of the College or their nominee.
12. In the afore circumstances, I am certain that the writ petitions filed by "NSS Central College Committee" cannot find my favour; while, the one filed by Dr.S.Gopalakrishna Pillai deserves to be ordered, albeit to a limited extent.
Resultantly:
(a) W.P.(C)Nos.9253/2021 and 20817/2022 are dismissed; however, clarifying that, for the purpose of promotion to the post of Principal, only the concept of 'seniority cum fitness' can be followed and applied.
(b) W.P.(C)No.16076/2022 is ordered to the limited extent of allowing the Corporate Management to constitute a Committee in terms of the "UGC Regulations 2018"; and if the petitioner WP(C) NO. 16076 OF 2022 & Con.Cases 13 is, thereafter, found to satisfy the minimum required criteria/qualifications, then he will be allowed to be appointed, reckoning his senior most position in the Seniority List. The Management will be free to complete this process at the earliest; and if the afore directions are complied with implicitly, the Kannur University will approve the petitioner's appointment, subject to all other imperative requirements being satisfied, without any avoidable delay.
(c) It goes without saying that, as and when the Corporate Management approaches either of the Universities for the purpose of constitution of the Committee as per the "UGC Regulations 2018", they shall make their nominations without any delay, so that the processes can be then completed expeditiously.
After I dictated this part of the judgment, Sri.Surin George Ipe - learned Standing Counsel WP(C) NO. 16076 OF 2022 & Con.Cases 14 for the M.G.University, intervened to say that, while considering the candidates on the principle of 'seniority cum fitness' and the minimum qualifications, their API Scores will also have to be taken into account.
Needless to say, if the applicable Regulations or Statues of the University and/or the "UGC Regulations 2018" provide minimum qualification for the purpose of promotion to the post of Principal will require an assessment of API also, then it shall be done by the Selection Committee in terms of law.
Sd/-
DEVAN RAMACHANDRAN JUDGE RR/akv WP(C) NO. 16076 OF 2022 & Con.Cases 15 APPENDIX OF WP(C) 9253/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF NOTIFICATION DATED 18.7.2018 OF UNIVERSITY GRANTS COMMISSION BRINGING FOR FORTH U.G.C REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITY AND COLLEGES AND MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION 2018.
EXHIBIT P2 TRUE COPY OF NOTIFICATION DATED 31.2.2019 BY WHICH MAHATMA GANDHI UNIVERSITY STATUTES, 1997.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 21.5.2019 IN W.P.C NO. 35765/2018 EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 27.1.2021 IN WRIT APPEAL NO. 1599/2019 WHICH AROSE FROM W.P.(C) NO. 35765/2018 WP(C) NO. 16076 OF 2022 & Con.Cases 16 APPENDIX OF WP(C) 20817/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF SENIORITY LIST OF ASSISTANT PROFESSORS WHO EXPRESSED WILLINGNESS FOR PROMOTION TO THE POST PRINCIPAL.
EXHIBIT P2 TRUE COPY OF ORDER DATED 2.2.2021 BY WHICH 4TH RESPONDENT IS PROMOTED AS PRINCIPAL AND POSTED AT PAZHASSIRAJA N.S.S. COLLEGE, MATTANNUR.
EXHIBIT P3 TRUE COPY OF ORDER DATED 10.2.2021 WHICH THE 4TH RESPONDENT IS APPOINTED AS DRAWING & DISBURSING OFFICER OF PAZHASSIRAJA N.S.S. COLLEGE, MATTANNUR. EXHIBIT P4 TRUE COPY OF COMMUNICATION DATED 14.5.2021 BY 2ND RESPONDENT INFORMING THE REJECTION OF APPROVAL OF PROMOTION OF 4TH RESPONDENT BY 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF CIRCULAR DATED 9.3.2020 BY KANNUR UNIVERSITY EXHIBIT P6 TRUE COPY OF PROCEEDINGS OF THE CHANCELLOR DATED 11.4.2022.
EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 21.5.2019 IN W.P. (C) NO.35765/2018 BY THE LEARNED SINGLE JUDGE OF THE HIGH COURT OF KERALA.
EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 27.1.2021 IN W.A. NO.1873/2019 BY THE DIVISION BENCH OF THE HIGH COURT OF KERALA. WP(C) NO. 16076 OF 2022 & Con.Cases 17 APPENDIX OF WP(C) 16076/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SENIORITY LIST OF ASSOCIATE PROFESSORS 2020 - 2021 ISSUED BY THE SECRETARY, NSS COLLEGES CENTRAL COMMITTEE.
EXHIBIT P2 TRUE COPY OF THE PROMOTION ORDER NO.
E/674/2021 DATED 2.2.2021 ISSUED BY THE SECRETARY, NSS OLLEGES CENTRAL COMMITTEE.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION ISSUED BY FIRST RESPONDENT NO.
ACAD/H1/4253/2021 DATED 24.3.2022. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THIRD RESPONDENT TO THE 1ST RESPONDENT NO. EL 2008/2021 DATED 7.4.2021.
EXHIBIT P5 TRUE COPY OF THE REPLY GIVEN BY FIRST RESPONDENT TO THE 3RD RESPONDENT NO. ACAD.H1/4253/2021 DATED 14.5.2021. EXHIBIT P6 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE CHANCELLOR OF THE KNNUR UNVIERSITY.
EXHIBIT P7 TRUE COPY OF THE PROCEEDING OF THE CHANCELLOR, KANNUR UNIVERSITY DATED 11.4.2022.
EXHIBIT P8 TRUE COPY OF THE APPROVAL OF APPOINTMENT AS PRINCIPAL ISSUED TO DR. RAJESH U.O. NO.11241/2021/ADM DATED 6.10.2021 BY UNIVERSITY OF CALICUT. WP(C) NO. 16076 OF 2022 & Con.Cases 18 EXHIBIT P9 TRUE COPY OF THE APPROVAL APPOINTMENT AS PRINCIPAL ISSUED TO DR.
JYOTHILAKSHMI U.O.NO. 11247/2021/ ADM. ISSUED BY CALICUT UNIVERSITY DATED 6.10.2021.
EXHIBIT P10 TRUE COPY OF THE APPROVAL APPOINTMENT AS PRINCIPAL ISSUED TO DR. M.V. SURESH U.O.NO. 11247/2021/ ADM. ISSUED BY CALICUT UNIVERSITY DATED 6.10.2021. EXHIBIT P11 TRUE COPY OF LETTER NO. ACAD H1/4253/2021 DATED 4.5.2022 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE RELEVANT PORTION OF UGC SIXTH PAY REVISION REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES.
EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION OF UNIVERSITY GRANTS COMMISSION, NEW DELHI DATED 18.7.2018. EXHIBIT P14 TRUE COPY OF JUDGMENT DATED 21.5.2019 IN W.P (C) NO. 35765/2018 PASSED BY THIS HONOURABLE COURT.
EXHIBIT P15 TRUE COPY OF JUDGMENT DATED 27.1.2021 IN W.A. NO. 1599/20919 PASSED BY THIS HONOURABLE COURT.
EXHIBIT P16 TRUE COPY OF CIRCULAR NO. ACAD H2/20773/2019 DATED 9.3.2020 ISSUED BY THE 1ST RESPONDENT.