Padma C. Shaji vs Sree Sankaracharya University Of ...
2021 Latest Caselaw 5733 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                  WP(C).No.29030 OF 2020(C)


PETITIONER :-

            PADMA C. SHAJI,
            W/O.KISHORE, PAMAVILASOM, RG-210C,
            E.K.NAYANAR ROAD, KOUCH ULLOOR,
            MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.

            BY ADVS.
            SRI.R.SUNIL KUMAR
            SMT.A.SALINI LAL


RESPONDENTS :-

      1     SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
            REPRESENTED BY ITS REGISTRAR,
            KALADY, ERNAKULAM - 683 574.

      2     REGISTRAR,
            SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
            KALADY, ERNAKULAM - 683 574.

            BY SRI.PRASANTH S., SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.29030 OF 2020(C)

                                    -: 2 :-


                                 JUDGMENT

Dated this the 17th day of February, 2021

This writ petition is filed seeking directions to the respondents

to permit the petitioner to participate in the interview for the post of

Assistant Professor for Psychology advertised as per Ext.P4

notification.

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondent University.

3. The contention of the petitioner, who was an applicant for

the post of Assistant Professor in Psychology in the respondent

college, is that the respondents, without making a prescription in the

notification, have prescribed cut off marks during the selection and

that the petitioner has been eliminated from the selection process

only because of the fixation of the said cut off mark.

4. A counter affidavit has been placed on record by

respondents 1 and 2. It is stated therein that the Syndicate of the

University had met on 18.1.2020 and resolved to follow the UGC

Regulations on Minimum Qualifications for Appointment of Teachers

and other Academic Staff in Universities and Colleges and other

Measures for the Maintenance of Standards in Higher Education,

2018 and that it was resolved to fix index marks of 55% for SC/ST

categories and 60% for other categories in the selection. It is stated WP(C).No.29030 OF 2020(C)

that the said fixation of cut off marks is specifically provided for in the

UGC Regulations. The learned Standing Counsel would contend that

this Court had considered a similar issue in W.P.(C) No.1088/2020 and

it had been held that the fixation of cut off marks even during the

selection process is legal and valid.

5. Though a reply affidavit has also been placed on record

stating that the petitioner had participated in the interview held on

28.12.2020 and that the petitioner is otherwise fully eligible to

participate in the selection, in view of the specific contentions raised

in the counter affidavit and in view of the fact that a Division Bench of

this Court had also considered the issue and had found that the

prescription of cut off marks in the selection cannot be held to be

arbitrary and illegal, I am of the opinion that the prayers sought for

cannot be granted.

The writ petition, therefore, fails and the same is,

accordingly, dismissed.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/23.2.2021 WP(C).No.29030 OF 2020(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF THE MASTER'S DEGREE CERTIFICATE OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY GRANTS COMMISSION REGARDING NEET.

EXHIBIT P3 TRUE COPY OF PETITIONER'S M.PHIL CERTIFICATE.

EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NUMBER AD.D/686/SSUS/2019 DATED 26.08.2019.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 18.07.2018 ISSUED BY THE UGC.

EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ONLINE.

EXHIBIT P7 TRUE COPY OF THE NOTIFICATION DATED 01.12.2020.

EXHIBIT P8 TRUE COPY OF THE CAST CERTIFICATE ISSUED BY THE VILLAGE OFFICER.

RESPONDENTS' EXHIBITS:

EXHIBIT R1(a) : TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE SYNDICATE OF THE UNIVERSITY HELD ON 18-01-2020.

EXHIBIT R1(b) : TRUE COPY OF THE EXTRACT OF UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND OTHER MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION, 2018.

//TRUE COPY//

P.A. TO JUDGE