Dr.Ferosh.M.Basheer vs University Of Kerala
2021 Latest Caselaw 2368 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE AMIT RAWAL

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                            WP(C).No.8647 OF 2020(E)

PETITIONER/S:

                DR.FEROSH.M.BASHEER
                AGED 39 YEARS
                THUNDUVILAKAM, KULAKUDIYOORKONAM, NEMOM P.O.,
                THIRUVANANTHAPURAM, 695 020.

                BY ADVS.
                SRI.P.CHANDRASEKHAR
                SRI.K.K.MOHAMED RAVUF
                SRI.D.SREEKANTH
                SHRI. ANOOP KRISHNA
                SRI.DYUTHISENAN

RESPONDENT/S:

      1         UNIVERSITY OF KERALA
                REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM,
                PIN-695 034.

      2         DR.P.B.BALAMURALI
                DEPARTMENT OF PHILOSOPHY, UNIVERSITY OF KERALA,
                THIRUVANANTHAPURAM, PIN-695 034.

      3         ADDL.R3. THE SELECTION COMMITTEE FOR SELECTION OF
                ASSISTANT
                IN THE DEPARTMENT OF PHOLOSOPHY, UNIVERSITY OF
                KERALA, THIRUVANANTHAPURAM, PIN - 695034, REPRESENTED
                BY CHAIRMAN AND VICE CHANCELLOR PROF V.P.MAHADEVAN
                PILLAI, ADDL.R3 IS IMPLEADED AS PER ORDER DATED IN IA
                2/2020 IN WP(C) NO. 8647/2020

                R1   BY   SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
                R2   BY   ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
                R2   BY   ADV. SMT.N.SANTHA
                R2   BY   ADV. SRI.V.VARGHESE
                R2   BY   ADV. SRI.PETER JOSE CHRISTO
                R2   BY   ADV. SRI.S.A.ANAND
                R2   BY   ADV. SMT.K.N.REMYA
                R2   BY   ADV. SMT.L.ANNAPOORNA
                R2   BY   ADV. SHRI.VISHNU V.K.
                R2   BY   ADV. KUM.ABHIRAMI K. UDAY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD                ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8647 OF 2020(E)

                                          2




                                  JUDGMENT

Dated this the 21st day of January 2021

The selection of 2nd respondent to the post of Assistant Professor in the Department of Philosophy under the general category has been challenged on account of non-fulfillment of the conditions prescribed in notification, Ext.P1. The qualifications prescribed in Ext.P1 dated 27.11.2017 are enumerated herein below.

"Qualifications:

Qualifications are as prescribed by the UGC in the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010, which are as follows:

1. Good Academic record as defined by the concerned University with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at Masters Degree level in the relevant subject from an Indian University or an equivalent Degree from an accredited foreign University.

2. Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET.

3. Not withstanding anything contained in sub-clause (i) and (ii), candidates who are, or have been awarded a Ph.D Degree in accordance with the UGC (Minimum Standards and Procedures for Award of Ph.D Degree) Regulations, 2009, shall be exempted from the requirement of minimum eligibility conditions of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/ Colleges/Institutions.

4. NET/SLET/SET shall also not be required for such Masters Programme in disciplines for which NET/SLET/SET is not conducted.

5.In order for a Ph.D Degree to be considered either for relaxation of the requirement of NET or for weightage in the selection process, any one of the following applicable certificate has to be produced by the applicant:

I) In the case of Ph.D holder, who had registered on or after 11 July 2009, a Certificate from the University concerned to the effect that the Ph.D has been awarded in accordance with the provisions of UGC (Minimum Standards and Procedure for awards of M.Phil/Ph.D Degree) Regulations, 2009 WP(C).No.8647 OF 2020(E)

ii) In the case of Ph.D holder, who had registered prior to 11 July 2009, a Certificate from the Vice Chancellor/Pro-Vice-Chancellor/Dean (AcademicAffairs)/Dean (University Instructions) of the University which issued the Degree, to the effect that the Ph.D has been awarded fulfilling the following conditions:

a) Ph.D Degree of the candidate awarded in regular mode only.

b) Evaluation of the Ph.D. thesis by at least two external examiners.

c)Open Ph.D. viva voce of the candidate had been conducted

d) Candidate has published two research papers from his/her Ph.D. work out of which at least one must be in a refereed journal

e) Candidate has made at least two presentations in conferences/seminars, based on his/her Ph.D work.

[as contemplated in the UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education)"

2. The certificates submitted by respondent No.2 reflect

submission of two presentations in conferences/seminars based on

his/ her Ph.d work dated 14.7.2020 as evident from Ext.R2 (n), thus

was not eligible for selection to the post of Assistant Professor. It was

not disputed that the respondent No.2 did not fulfill other conditions

extracted above.

3. On the other hand it was alleged that the petitioner had

four papers and should have been awarded more marks than

respondent No.2., thus the entire selection process is vitiated by

applying malafide and liable to be set aside.

4. Per contra, learned Counsel appearing for the respondent

No.2 raised objection qua maintainability of the writ petition by

referring to Annexure.R1(c) selection list of candidates and marks. On

perusal of the same, it was pointed out that four candidates at serial

No.4, 12, 16 and 34 had obtained more marks than the petitioner. It WP(C).No.8647 OF 2020(E)

was pointed out that in case this Court opines that the selection of

respondent No.2 is vitiated, petitioner cannot be granted selection in

absence of their impleadment and urged this Court for dismissal of

this writ petition on this ground alone.

5. The selection of 2nd respondent had been challenged only on

account of non-compliance conditions No.5 (e) of Ext.P1, which is

totally infallible in as much as respondent No.2 had registered for a

Ph.D. Degree in the year 2007 and had obtained in 2011, whereas the

interview was held on 15.2.2020. For complying with the conditions

though the petitioner was registered prior to 11.7.2020, therefore,

condition No.5 (e) was complied. As regards condition No. 5(e) the

attention of this Court was brought to Ext.R2 (k) dated 18.6.2015,

certificate issued by Sree Sankaracharya University of Sanskrit

certifying 2nd respondent had been awarded degree of Doctor of

Philosophy under the faculty of Arts and Social Science in 2009 on a

Ph.D thesis titled 'knowing in a social world: The Indian Perspective'

and a course certificate dated 10.11.2014 certified that the University

has adopted a three tier process of Registration, Course work and

External Evaluation, as prescribed by the UGC for awarding of Ph.D.

Degree. Besides these Exts.R2 (n) and R2 (o) the certificates reveals

that the 2nd respondent attended two sessions whereby he contributed

a paper on Testimony : The Prime social epistemic method : social

dimension of veritistic epistemology. WP(C).No.8647 OF 2020(E)

6. The aforementioned documents have gone unrebutted.

The University of Kerala also certified the Ph.D. Degree obtained by

the 2nd respondent, vide eligibility certificate dated 22.11.2012,

Ext.R2 (s) recognised the Ph.D. Degree awarded by Sree

Sankaracharya University of Sanskrit.

7. I have heard learned Counsel for the parties and appraised

the paper books.

8. I am of the view that there is no force in the argument

advanced by the learned Counsel for the petitioner. On perusal of the

eligibility conditions, the argument of non-compliance of the condition

No.5 (e) in Ext.P1 cannot be accepted. The respondents have been

able to prove on record having complied the conditions as evidenced

in Ext.R2 (n) and R2(o). As far as the recognition of the certificates

the same has also been not countered. Ext.R2 (s) read thus:

"ELIGIBILITY CERTIFICATES CERTIFIED that the Ph.D. Degree in Philosophy of the Sree Sankaracharya University of Sanskrit, Kalady is recognized by the University of Kerala as equivalent to the Ph.D Degree of this University.

The recognition of the Degree/Examination does not preclude the eligibility conditions prescribed in the regulations for admission to higher studies or for employment."

9. Thus the submission of the learned Counsel for the

petitioner regarding the non-compliance of Condition No.5 (e) by

laying an emphatic reliance on certificate Ext.R2(m) dated 14.7.2020 WP(C).No.8647 OF 2020(E)

must fail. It is a consolidated certificate for the thesis or presentation

being one of the qualification. It is also matter of record that four

candidates as evident from Ext.R1 (c), secured more marks than the

petitioner. The writ petition would not be maintainable in the absence

of their impleadment in case this Court quashes the selection of the

2nd respondent. No malafide or bias has been alleged against the

selection committee. This Court cannot assume the role of an expert

to examine the veracity and selection of the committee until it seems

to be against public policy or statute or gross arbitrariness. On

consideration of materials placed on record, I am of the view this is

not a fit case warranting interference under Article 226 of the

Constitution of India. The writ petition is dismissed.

Sd/

AMIT RAWAL

JUDGE

Jm/ WP(C).No.8647 OF 2020(E)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 27.11.2017 OF THE IST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE APPLICANT SUMMARY SHEET ISSUED BY THE IST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT.

EXHIBIT P4 TRUE COPY OF LETTER DATED 4.2.2020 OF THE IST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE MA DEGREE CERTIFICATE DATED 20.3.2004 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE CREDIT AND SEMESTER SYSTEM RESULT SHEET ISSUED BY THE IST RESPONDENT ON 16.2.2016 SHOWING THE MARKS OBTAINED BY THE PETITIONER IN MA PHILOSOPHY.

EXHIBIT P7 TRUE COPY OF RANK CERTIFICATE ISSUED BY THE IST RESPONDENT ON 3.10.2003 TO THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE CERTIFICATE ISSUED BY THE IST RESPONDENT UNIVERSITY ON 6.12.2004.

EXHIBIT P9 TRUE COPY OF PH.D CERTIFICATE ISSUED TO THE PETITIONER BY THE IST RESPONDENT ON 1.4.2009.

EXHIBIT P10 TRUE COPY OF LETTER DATED 4.1.2006 ISSUED BY INDIAN COUNCIL OF PHILOSOPHICAL RESEARCH TO THE PETITIONER.

EXHIBIT P11 TRUE COPY OF LETTER DATED 25.6.2004 AWARDED TO THE PETITIONER.

EXHIBIT P12 TRUE COPY OF THE CERTIFICATE DATED 5.7.2016 ISSUED BY THE HEAD OF NET BUREAU TO THE PETITIONER.

EXHIBIT P13 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY KTCT COLLEGE OF ADVANCED STUDIES DATED 2.8.2017 TO THE PETITIONER.

EXHIBIT P14 TRUE COPY OF SERVICE CERTIFICATE DATED WP(C).No.8647 OF 2020(E)

10.2.2020 ISSUED BY THE CHAIRMAN OF KTCT COLLEGE OF ARTS AND SCIENCE TO THE PETITIONER.

EXHIBIT P15 TRUE COPY OF FRONT AND BACK PAGE OF THE PETITIONER'S BOOK ETHICAL AND PHILOSOPHICAL ISSUED IN GENETIC TECHNOLOGY.

EXHIBIT P16 TRUE COPY OF PRESS RELEASE DATED 13.3.2020 OF THE IST RESPONDENT APPOINTING 2ND RESPONDENT AS ASSISTANT PROFESSOR IN PHILOSOPHY DEPARTMENT.

EXHIBIT P16(A) TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P16.

EXHIBIT P17 TRUE COPY OF NEWS REPORT APPEARED IN MALAYALA MANORAMA DAILY DATED 15.3.2020.

EXHIBIT P17(A) TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P17.

EXHIBIT P18 TRUE COPY OF NEWS REPROT IN MATHRUBHUMI DAILY DATED 15.3.2020.

EXHIBIT P18(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P18.

EXHIBIT P19 TRUE COPY OF UGC (MINIMUM STANDARDS AND PROCEDURE FOR AWARDS OF M.PHIL/PH.D DEGREES) REGULATION, 2016.