Kerala High Court
Hashim M.H vs University Of Calicut on 8 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
WP(C).No.7716 OF 2015(L)
PETITIONER/S:
HASHIM M.H.
AGED 39 YEARS
S/O.M.HAMSA, 3/309, ERAVELI, KOCHI-682 001
BY ADVS.
SRI.P.R.SREEJITH
SMT.MAYA CHANDRAN
SRI.M.PROMODH KUMAR
RESPONDENT/S:
1 UNIVERSITY OF CALICUT
REPRESENTED BY ITS REGISTRAR, THENHIPALAM, MALAPPURAM
DT. - 673 636.
2 THE REGISTRAR
RECRUITMENT SECTION, UNIVERSITY OF CALICUT,
LAKSHADWEEP CELL, THENHIPALAM, MALAPPURAM DT.673 636.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7716 OF 2015(L)
2
JUDGMENT
Dated this the 8th day of February 2021
The 2nd respondent, the Registrar of Recruitment Section, University of
Calicut invited applications for selection to the post of Principal
(contract/deputation basis) for the College of Education, Lakshadweep as per
notification dated 24.2.2015. The qualification required for such post was as
under :
a. A masters Degree of the University (with 50% marks) or an
equivalent qualification.
b. M.Ed. (with 55% marks) of the University or an equivalent
qualification.
c. Ph.D in Education (NET not essential)
d. 10 years of Teaching/Research/Administration experience in
Universities/Colleges/and other institutions of Higher education
out of which 5 years can be teaching experience in Higher
Secondary Schools.
2. Learned counsel submitted that the Petitioner is a Ph.D holder in
Urdu. Ext.P2 specified only Ph.D in education, whereas in terms of the
regulations controlling appointment issued by NCTE, candidates holding
Ph.D in any pedagogic subject offered in the institution can also hold the
post. Ext.P6 is the list of candidates eligible for interview as per notice dated
WP(C).No.7716 OF 2015(L)
5.3.2015. The petitioner was not considered for the post on account that he
do not possess the Ph.D degree in education. The said action of the
respondent is illegal and arbitrary.
2. I have heard learned Counsel for the petitioner and appraised the
paper book and of the view , once rank lists validity expired long time , even
during pendency of writ, it is settled law no direction can, if the petitioner is
found suitable, be issued for appointment i.e.in favour of the petitioner,
considering the Ph.D degree of Urdu under the category of pedagogic. There
was no interim order directing the respondents to consider the application of
the petitioner except that the appointment to the post of Principal was
subject to the result of this writ petition. No ground of interference is made
out. The writ petition is accordingly dismissed.
Sd/
AMIT RAWAL
Jm/ JUDGE
WP(C).No.7716 OF 2015(L)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXT.P1 - TRUE COPY OF THE PETITIONER'S
RESEARCH ARTICLE DATED 21-9-2011 FOR PHD
PUBLISHED IN THE INDIAN JOURNAL OF RESEARCH
EXHIBIT P2 EXT.P2 - TRUE COPY OF THE 2ND RESPONDENT'S
NOTIFICATION DATED 24-2-2015 INVITING
APPLICATIONS FOR SELECTION TO THE POST OF
PRINCIPAL (CONTRACT/DEPUTATION BASIS) FOR
THE COLLEGE OF EDUCATION, LAKSHADWEEP)
EXHIBIT P3 EXT.P3 - TRUE COPY OF THE RELEVANT EXTRACTS
OF REGULATION PRESCRIBED FOR PRINCIPAL BY
NCTE
EXHIBIT P4 EXT.P4 - TRUE COPY OF THE PETITIONER'S
LETTER DATED 26-2-2015 TO THE 2ND
RESPONDENT
EXHIBIT P5 EXT.P5 - TRUE COPY OF THE PETITIONER'S
ONLINE APPLICATION DATED 2-3-2015
EXHIBIT P6 EXT.P6 - TRUE COPY OF THE 2ND RESPONDENT'S
NOTICE DATED 5-3-2015 OF THE LIST OF
CANDIDATES ELIGIBLE FOR INTERVIEW.
