Kerala High Court
Aligarh Muslim University vs Dr.Hamza V.K. on 16 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 16TH DAY OF MARCH 2021/25TH PHALGUNA, 1942
RP.No.736 OF 2019 IN WA. 33/2019
AGAINST THE JUDGMENT DATED 09.01.2019 IN
WA 33/2019 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/APPELLANTS:
1 ALIGARH MUSLIM UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH 202 002.
2 THE REGISTRAR, ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH 202 002.
3 THE VICE CHANCELLOR,
ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH 202 002.
4 JOINT REGISTRAR, ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH 202 002.
5 THE DIRECTOR, ALIGARH MUSLIM UNIVERSITY,
MALAPPURAM CENTRE, CHERUKARA POST,
CHELAMALA, PERINTHALAMMANA,
MALAPPURAM 679 340.
BY ADV. SMT.SANJEETHA K.A., SC.
RESPONDENTS:
1 DR.HAMZA V.K., S/O. ABOOBACKER (LATE),
VATTAMKANDATHIL HOUSE, CHUNDAMBATTA POST,
PALAKKAD 679 337.
RP.736/2019 & connected cases
:2:
2 MS. LUBNA ANSARI, ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY,
MALAPPURAM CENTRE, CHERUKARA POST,
CHELAMALA, PERINTHALMANNA,
MALAPPURAM 679 340.
3 MS. MOHAMMED YASHIK P., ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY,
MALAPPURAM CENTRE, CHERUKARA POST,
CHELAMALA, PERINTHALMANNA,
MALAPPURAM 679 340.
4 MR.SHAFEEQU REHMAN K.V.,
ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY,
MALAPPURAM CENTRE, CHERUKARA POST,
CHELAMALA, PERINTHALMANNA,
MALAPPURAM 679 340.
5 MR. SYED AHMED SAAD, ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY,
MALAPPURAM CENTRE, CHERUKARA POST,
CHELAMALA, PERINTHALMANNA,
MALAPPURAM 679 340.
R1 BY ADV. SRI.KALEESWARAM RAJ
R1 BY ADV. SRI.VARUN C.VIJAY
R1 BY ADV. KUM.A.ARUNA
R1 BY ADV. KUM.THULASI K. RAJ
R1 BY ADV. SMT.RIYA RAYMOL IYPE
R4 BY ADV. SRI.BABU KARUKAPADATH
R4 BY ADV. SMT.M.A.VAHEEDA BABU
R4 BY ADV. SRI.P.U.VINOD KUMAR
R4 BY ADV. SRI.AVINASH P RAVEENDRAN
R4 BY ADV. SMT.ARYA RAGHUNATH
R4 BY ADV. SMT.ANJALY N.S.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
16.03.2021, ALONG WITH RP.737/2019 & OTHER CONNCECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.736/2019 & connected cases
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 16TH DAY OF MARCH 2021/25TH PHALGUNA, 1942
RP.No.737 OF 2019 IN WA. 42/2019
AGAINST THE JUDGMENT DATED 0901.2019 IN
WA 42/2019 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 2 TO 6:
1 ALIGARH MUSLIM UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH-202 002.
2 THE REGISTRAR,
ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH-202 002.
3 THE VICE CHANCELLOR,
ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH-202 002.
4 JOINT REGISTRAR,
ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH-202 002.
5 THE DIRECTOR, ALIGARH MUSLIM UNIVERSITY,
MALAPPURAM CENTRE, CHERUKARA POST,
CHELAMALA, PERINTHALMANNA,
MALAPPURAM-679 340.
BY ADV. SMT.SANJEETHA K.A., SC
RP.736/2019 & connected cases
:4:
RESPONDENTS/APPELLANT & RESPONDENTS 1, 7 TO 9:
1 MR.SHAFEEQU REHMAN.K.V.,ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM-679 340.
2 DR.HAMZA V.K.,S/O.ABOOBACKER (LATE),
VATTAMKANDATHIL HOUSE,
CHUNDAMBATTA POST, PALAKKAD-679 337.
3 MS.LUBNA ANSARI, ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM-679 340.
4 MS.MOHAMMED YASHIK P., ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM-679 340.
5 MR.SYED AHMED SAAD,
ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY,
MALAPPURAM CENTRE, CHERUKARA POST,
CHELAMALA, PERINTHALMANNA,
MALAPPURAM-679 340.
R1 BY ADV. SRI.BABU KARUKAPADATH
R1 BY ADV. SMT.M.A.VAHEEDA BABU
R1 BY ADV. SRI.P.U.VINOD KUMAR
R1 BY ADV. SRI.AVINASH P RAVEENDRAN
R2 BY ADV. SRI.KALEESWARAM RAJ
R2 BY ADV. SRI.VARUN C.VIJAY
R2 BY ADV. KUM.A.ARUNA
R2 BY ADV. KUM.THULASI K. RAJ
R2 BY ADV. SMT.RIYA RAYMOL IYPE
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
16.03.2021, ALONG WITH RP.736/2019 & OTHER CONNECTED
CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.736/2019 & connected cases
:5:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 16TH DAY OF MARCH 2021/25TH PHALGUNA, 1942
RP.No.738 OF 2019 IN WA. 35/2019
AGAINST THE JUDGMENT DATED 09.01.2019 IN
WA 35/2019 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 2 TO 5:
1 ALIGARH MUSLIM UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH-202 002.
2 THE VICE CHANCELLOR, ALIGARH MUSLIM
UNIVERSITY,ALIGARH, UTTAR PRADESH-202 002.
3 THE REGISTRAR,ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH-202 002.
4 THE DIRECTOR,ALIGARH MUSLIM UNIVERSITY,
MALAPPURAM CENTRE, CHERUKARA POST,
CHELAMALA, PERINTHALMANNA,
MALAPPURAM-679 340.
BY ADV. SMT.SANJEETHA K.A., SC
RESPONDENT/S:
1 MS. LUBNA ANSARI, ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM-679340.
RP.736/2019 & connected cases
:6:
2 MS.MOHAMMED YASHIK P., ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM-679 340.
3 MR. SYED AHMED SAAD, ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM-679 340.
4 RINOJ P.K., CHODATHIL HOUSE, PANNENPARA,
CHALAD P.O., KANNUR DISTRICT-670 014.
5 MR. SHAFEEQU REHMAN K.V.,
ASSISTANT PROFESSOR, ALIGARH MUSLIM
UNIVERSITY, MALAPPURAM CENTRE,
CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM-679 340.
R4 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
R4 BY ADV. SMT.N.SANTHA
R4 BY ADV. SRI.V.VARGHESE
R4 BY ADV. SRI.PETER JOSE CHRISTO
R4 BY ADV. SRI.S.A.ANAND
R4 BY ADV. SMT.K.N.REMYA
R4 BY ADV. SMT.L.ANNAPOORNA
R4 BY ADV. SHRI.VISHNU V.K.
R4 BY ADV. KUM.ABHIRAMI K. UDAY
R5 BY ADV. SRI.BABU KARUKAPADATH
R5 BY ADV. SMT.M.A.VAHEEDA BABU
R5 BY ADV. SRI.P.U.VINOD KUMAR
R5 BY ADV. SRI.AVINASH P RAVEENDRAN
R5 BY ADV. SMT.ARYA RAGHUNATH
R5 BY ADV. SMT.ANJALY N.S.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
16.03.2021, ALONG WITH RP.736/2019& OTHER CONNECTED
CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.736/2019 & connected cases
:7:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 16TH DAY OF MARCH 2021/25TH PHALGUNA, 1942
RP.No.740 OF 2019 IN WA. 2495/2018
AGAINST THE JUDGMENT DATED 10.01.2019 IN
WA 2495/2018 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 2 TO 5:
1 ALIGARH MUSLIM UNIVERSITY
REPRESENTED BY ITS REGISTRAR,
ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH-202 002.
2 THE VICE CHANCELLOR,ALIGARH MUSLIM
UNIVERSITY,ALIGARH, UTTAR PRADESH-202 002.
3 THE REGISTRAR, ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH-202 002.
4 THE DIRECTOR, ALIGARH MUSLIM UNIVERSITY,
MALAPURAM CENTRE, CHERUKARA POST,
CHELAMALA, PERINTHALMANNA,
MALAPPURAM-679 340.
BY ADV. SMT.SANJEETHA K.A., SC
RESPONDENTS/APPELLANT/RESPONDENTS 1 & 6 TO 8:
1 MR.SHAFEEQUE REHMAN K.V.,
ASSISTANT PROFESSOR, ALIGARH MUSLIM
UNIVERSITY, MALAPPURAM CENTRE,
CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM-679 340
RP.736/2019 & connected cases
:8:
2 RINOJ P.K., CHODATHIL HOUSE, PANNENPARA,
CHALAD P.O., KANNUR DISTRICT,PIN-670 014.
3 MS.LUBNA ANSARI, ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CERUKARA POST, CHELAMALA,
PERINTHALAMMANA, MALAPPURAM-679 340
4 MS. MOHAMMED YASIK P.O.,
ASSISTANT PROFESSOR, ALIGARH MUSLIM
UNIVERSITY, MALAPPURAM CENTRE,
CERUKARA POST, CHELAMALA,
PERINTHALAMMANA, MALAPPURAM-679 340
5 MR.SYED AHMED SAAD,
ASSISTANT PROFESSOR, ALIGARH MUSLIM
UNIVERSITY, MALAPPURAM CENTRE,
CERUKARA POST, CHELAMALA,
PERINTHALAMMANA, MALAPPURAM-679 340.
R1 BY ADV. SRI.BABU KARUKAPADATH
R1 BY ADV. SMT.M.A.VAHEEDA BABU
R1 BY ADV. SRI.P.U.VINOD KUMAR
R1 BY ADV. SRI.AVINASH P RAVEENDRAN
R1 BY ADV. SMT.ARYA RAGHUNATH
R1 BY ADV. SMT.ANJALY N.S.
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 REVIEW PETITION HAVING BEEN FINALLY HEARD ON
16.03.2021, ALONG WITH RP.736/2019& OTHER CONNECTED
CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.736/2019 & connected cases
:9:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 16TH DAY OF MARCH 2021/25TH PHALGUNA, 1942
RP.No.741 OF 2019 IN WA. 43/2019
AGAINST THE JUDGMENT DATED 09.01.2019 IN
WA 43/2019 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 2 TO 6:
1 ALIGARH MUSLIM UNIVERSITY REPRESENTED BY ITS
REGISTRAR,ALIGARH MUSLIM UNIVERSITY,
ALIGARH,UTTAR PRADESH - 202 002.
2 THE REGISTRAR, ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH - 202 002.
3 THE VICE CHANCELLOR, ALIGARH MUSLIM
UNIVERSITY,ALIGARH, UTTAR PRADESH - 202 002.
4 JOINT REGISTRAR, ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH - 202 002.
5 THE DIRECTOR, ALIGARH MUSLIM UNIVERSITY,
MALAPPURAM CENTRE, CHERUKARA POST,
CHELAMALA, PERINTHALMANNA,
MALAPPURAM - 679 340.
BY ADV. SMT.SANJEETHA K.A., SC
RESPONDENTS/APPELLANTS 1 TO 3 & RESPONDENTS 1 & 7:
1 MS.LUBNA ANSARI, ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM - 679340.
RP.736/2019 & connected cases
: 10 :
2 MS.MOHAMMED YASHIK P.,ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM - 679340.
3 MR.SYED AHMED SAAD, ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM - 679 340.
4 DR. HAMZA V.K., S/O. ABOOBACKER (LATE),
VATTAMKANDATHIL HOUSE, CHUNDAMBATTA POST,
PALAKKAD - 679 337.
5 MR. SHAFEEQU REHMAN K.V.,
ASSISTANT PROFESSOR, ALIGARH MUSLIM
UNIVERSITY, MALAPPURAM CENTRE,
CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM - 679 340.
R4 BY ADV. SRI.KALEESWARAM RAJ
R4 BY ADV. SRI.VARUN C.VIJAY
R4 BY ADV. KUM.A.ARUNA
R4 BY ADV. KUM.THULASI K. RAJ
R4 BY ADV. SMT.RIYA RAYMOL IYPE
R5 BY ADV. SRI.BABU KARUKAPADATH
R5 BY ADV. SMT.M.A.VAHEEDA BABU
R5 BY ADV. SRI.P.U.VINOD KUMAR
R5 BY ADV. SRI.AVINASH P RAVEENDRAN
R5 BY ADV. SMT.ARYA RAGHUNATH
R5 BY ADV. SMT.ANJALY N.S.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
16.03.2021, ALONG WITH RP.736/2019 & OTHER CONNECTED
CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.736/2019 & connected cases
: 11 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 16TH DAY OF MARCH 2021/25TH PHALGUNA, 1942
RP.No.756 OF 2019 IN WA. 40/2019
AGAINST THE JUDGMENT DATED 09.01.2019 IN
WA 40/2019 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/APPELLANTS:
1 ALIGARH MUSLIM UNIVERSITY,ALIGARH MUSLIM
UNIVERSITY, ALIGARH, UTTAR PRADESH-202 002
REP. BY ITS REGISTRAR.
2 THE VICE CHANCELLOR, ALIGARH MUSLIM
UNIVERSITY, ALIGARH, UTTAR PRADESH-202 002.
3 THE REGISTRAR, ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UTTAR PRADESH-202 002.
4 THE DIRECTOR, ALIGARH MUSLIM UNIVERSITY,
MALAPPURAM CENTRE, CHERUKARA POST,
PERINTHALMANNA(VIA), MALAPPURAM-679 340.
BY ADV. SMT.SANJEETHA K.A., SC
RESPONDENTS/RESPONDENTS:
1 RINOJ P.K., CHODATHIL HOUSE, OABBEBOARA,
CHELAD P.O., KANNUR DISTRICT-670 014.
2 MR.LUBNA ANSARI, ASSISTANT PROFESSOR,
DEPARTMENT OF BUSINESS ADMINISTRATION,
FACULTY OF MANAGEMENT STUDIES AND RESEARCH,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, PERINTHALMANNA(VIA),
MALAPPURAM -679 340.
RP.736/2019 & connected cases
: 12 :
3 MS.MOHAMMED YASHIK P.,
ASSISTANT PROFESSOR,
DEPARTMENT OF BUSINESS ADMINISTRATION,
FACULTY OF MANAGEMENT STUDIES AND RESEARCH,
ALIGARH MUJSLIM UNIVERSITY,
MALAPPURAM CENTRE, CHERUKARA POST,
PERINTHALMANNA(VIA), MALAPPURAM -679 340.
4 MR.SHAFEEQU REHMAN K.V.,
ASSISTANT PROFESSOR, DEPARTMENT OF BUSINESS
ADMINISTRATION, FACULTY OF MANAGEMENT
STUDIES AND RESEARCH, ALIGARH MUSLIM
UNIVERSITY, MALAPPURAM CENTRE, CHERUKARA
POST, PERINTHALMANNA(VIA),
MALAPPURAM -679 340.
5 MR.SYED AHMED SAAD, ASSISTANT PROFESSOR,
DEPARTMENT OF BUSINESS ADMINISTRATION,
FACULTY OF MANAGEMENT STUDIES AND RESEARCH,
ALIGARH MUJSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, PERINTHALMANNA(VIA),
MALAPPURAM -679 340.
R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
R1 BY ADV. SMT.N.SANTHA
R1 BY ADV. SRI.V.VARGHESE
R1 BY ADV. SRI.PETER JOSE CHRISTO
R1 BY ADV. SRI.S.A.ANAND
R1 BY ADV. SMT.K.N.REMYA
R1 BY ADV. SMT.L.ANNAPOORNA
R1 BY ADV. SHRI.VISHNU V.K.
R1 BY ADV. KUM.ABHIRAMI K. UDAY
R4 BY ADV. SRI.BABU KARUKAPADATH
R4 BY ADV. SMT.M.A.VAHEEDA BABU
R4 BY ADV. SRI.P.U.VINOD KUMAR
R4 BY ADV. SRI.AVINASH P RAVEENDRAN
R4 BY ADV. SMT.ANJALY N.S.
R4 BY ADV. SMT.ARYA RAGHUNATH
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
16.03.2021, ALONG WITH RP.736/2019 & OTHER CONNECTED
CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.736/2019 & connected cases
: 13 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 16TH DAY OF MARCH 2021/25TH PHALGUNA, 1942
RP.No.1250 OF 2019 IN WA. 35/2019
AGAINST THE JUDGMENT DATED IN
WA 35/2019 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/APPELLANTS 1 &3 IN WRIT APPEAL:
1 MS.LUBNA ANSARI, ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM - 679 340.
2 MR.SYED AHMED SAAD, ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM - 679 340.
BY ADVS.
SRI.M.P.ASHOK KUMAR
SRI.P.C.GOPINATH
SMT.BINDU SREEDHAR
RESPONDENTS/2ND PETITIONER & RESPONDENTS IN WRIT APPEAL:
1 MOHAMMED YASHIK P., ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM - 679 340.
RP.736/2019 & connected cases
: 14 :
2 RINOJ P.K., CHODATHIL HOUSE, PANNENPARA,
CHALAD P.O., KANNUR - 670 014.
3 ALIGARH MUSLIM UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UP 202 002.
4 THE VICE CHANCELLOR,
ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UP 202 025
5 THE REGISTRAR, ALIGARH MUSLIM UNIVERSITY,
ALIGARH, UP 202 002.
6 THE DIRECTOR, ALIGARH MUSLIM UNIVERSITY,
MALAPPURAM CENTRE, CHERUKARA POST,
CHELAMALA, PERINTHALMANNA,
MALAPPURAM - 679 340.
7 SHAFEEQUE REHMAN K.V., ASSISTANT PROFESSOR,
ALIGARH MUSLIM UNIVERSITY, MALAPPURAM
CENTRE, CHERUKARA POST, CHELAMALA,
PERINTHALMANNA, MALAPPURAM - 679 340.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
16.03.2021, ALONG WITH RP.736/2019 & OTHER CONNECTED
CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.736/2019 & connected cases
: 15 :
C.T. RAVIKUMAR & N. NAGARESH, JJ.
`````````````````````````````````````````````````````````````
R.P. Nos.736/2019 in W.A. No.33/2019,
737/2019 in W.A. No.42/2019, 738/2019 in W.A.
No.35/2019, 740/2019 in W.A. No.2495/2018,
741/2019 in W.A. No.43/2019, 756/2019 in W.A.
No.40/2019 and 1250/2019 in W.A. No.35/2019
`````````````````````````````````````````````````````````````
Dated this the 16th day of March, 2020
ORDER
~~~~~~
Nagaresh, J.
These review petitions are filed against the
common judgment in W.A. Nos.2495/2018, 33/2019,
35/2019, 40/2019, 42/2019 and 43/2019.
2. The writ petitions from which the afore writ
appeals arise, were filed by candidates who had applied for
selection to the post of Assistant Professor in Management
Studies and Research in the Aligarh Muslim University,
Malapuram Centre, challenging the selection conducted by
the University. The learned Single Judge, who heard the
RP.736/2019 & connected cases
writ petitions, set aside the selection and directed that a
fresh selection be conducted within a period of two months.
The Aligarh Muslim University and the selected candidates
filed the writ appeals challenging the judgment of the
learned Single Judge.
3. In the writ appeals, this Court noted that the UGC
Regulations, 2010, are applicable to the process of selection
and the only question to be determined is whether there has
been compliance with the stipulations contained in the UGC
Regulations. Taking into consideration the relevant
Regulations as well as the Appendix 3, Table-II(c), this
Court found that in the selection process, for academic
records and research performance 50% marks/points is
contemplated, for assessment of domain knowledge and
teaching skills 30% is contemplated and for interview
performance 20% is contemplated. This Court noted that in
the selection process in question, the Selection Committee
has granted marks on a scale of 10.
RP.736/2019 & connected cases
4. The learned Standing Counsel had argued that
the Selection Committee had only reduced the marks from a
scale of 100 to a scale of 10, for convenience. This Court
noted that even accepting that the scale was reduced to 10,
there was no difficulty in maintaining the segregation that
has been stipulated by the UGC Regulations. There was no
explanation from the University or its officials as to why the
segregation has not been maintained.
5. This Court also noted that the learned Single
Judge had called for the files, examined them and found
that there was nothing on record to indicate whether the
marks had been granted for the different components
contemplated by the UGC Regulations. This Court found
that since the selection has been set aside by the learned
Single Judge for non-compliance of the procedure stipulated
by the UGC Regulations, there is no infirmity in the
judgment appealed against in the writ appeals. Accordingly,
granting the University time up to 09.03.2019 to comply with
RP.736/2019 & connected cases
the directions of the learned Single Judge, the writ appeals
were dismissed, as per judgment dated 09.01.2019.
6. In these review petitions, the University contends
that they issued notice to all the shortlisted candidates for
interview and selection was conducted on 05.03.2019. The
University has followed the UGC Regulations, 2010, in
Appendix 3, Table-II(c) and marks were awarded as per
UGC criteria. Appointment orders were issued to the
selected candidates. However, the Selection Committee did
not adopt Ext.P13 criteria.
7. According to the review petitioners, Ext.P13 was
an assessment criteria adopted by the Department of Law
for the appointment of Assistant Professor in 2011. Ext.P13
criteria was followed only in the selection process of
Assistant Professor in Law Department on temporary basis.
It has no application in Management Studies. This aspect
was not considered while deciding the writ appeals.
Therefore, there is an error apparent on the face of the
RP.736/2019 & connected cases
record.
8. The learned counsel for the review petitioners in
W.A. No.1250/2019 contended that Ext.P13 was not
produced in the writ petition from which W.A. No.35/2019
arose. The review petitioners had urged nine grounds in
their writ appeals and this Court did not consider three of the
nine grounds. Decisions relied on by the review petitioners
were not considered by the Single Judge. This Court should
not substitute its view to the decision taken by academic
bodies and expert committees. The common judgment in
the writ appeals is therefore liable to be reviewed. The
learned counsel for the review petitioners relied on the
judgment of the Apex Court in Moran Mar Basselios
Catholicos v. The Most Rev. Mar Poulose Athanasius
[1954 KLT 385 SC] and judgment of this Court in Aby
Abraham Mathew v. Hindustan Newsprint Ltd. [2002 (1)
KLT 517] and contended that a decision rendered by the
Court contrary to the law laid down by the Apex Court
RP.736/2019 & connected cases
constitutes an error apparent on the face of the records
justifying review.
9. We have heard the learned counsel for the review
petitioners and the learned counsel appearing for the
respondents.
10. The prime ground on which the judgment is
sought to be reviewed, is that this Court had found fault with
the University for not following a proforma like Ext.P13,
while making selection for appointment to the post of
Assistant Professor in Management Studies and Research.
But, a reading of the judgment in writ appeals would show
that this Court noted that the relevant Regulations of the
UGC were not followed. This Court also noted that no
explanation is forthcoming for reducing the marks from a
scale of 100 to a scale of 10 or as to why the segregation of
marks has not been maintained as required under UGC
Regulations. This Court also observed in paragraph 12 that
different norms would apply for selection of Assistant
RP.736/2019 & connected cases
Professors and a fresh proforma incorporating the norms
applicable would be used by the University. It was
observing so that this Court upheld the judgment of the
learned Single Judge.
11. This Court delivered the judgment in writ appeals
on the basis of pleadings in the writ petitions and writ
appeals, and the arguments advanced by the counsel on
either side. The review petitioners did not put forth an
argument that the earlier assessment criteria was adopted
only by the Department of Law for the appointment of
Assistant Professors in the year 2011. This Court, however,
noted that the segregation of marks for academic records
and research performance, domain knowledge and teaching
skills and interview performance was not maintained and
UGC Regulations in this regard were not followed. In the
present review petitions, the review petitioners are trying to
put forth defence which was not put forth during the
arguments in the writ appeals.
RP.736/2019 & connected cases
12. As the common judgment in the writ appeals was
passed taking into account the materials available on record
and the arguments advanced in the writ appeals, we do not
find any error apparent on the face of the judgment,
warranting review. If the judgment is sought to be reviewed
on the basis of the arguments now raised by the review
petitioners, it would amount to substitution of the findings
already entered into by this Court.
13. As regards the argument that some of the
grounds urged by the review petitioners were not considered
by this Court, a perusal of the judgment would show that this
Court had considered all the grounds urged by the writ
appellants at the time of hearing. This Court has also
elaborately considered the judgments of the Apex Court
cited by the counsel.
14. In the judgment sought to be reviewed, this Court
has only insisted for compliance with the UGC Regulations
and the norms of segregation of marks, laid down therein.
RP.736/2019 & connected cases
This Court has not substituted its views in the matter.
Therefore, the judgment of this Court in Aby Abraham
Mathew (supra) will be of no help to the review petitioners.
15. The Hon'ble Apex Court has held in Perry
Kansagra v. Smriti Madan Kansagra [2019 3 SCALE 357]
that a review court is not sitting in appeal over its own order.
A rehearing of the matter is impermissible in law. The
grounds urged by the review petitioners do not disclose any
such error apparent on the face of the judgment sought to
be reviewed.
The review petitions are therefore without any
merit and hence dismissed.
Sd/-
C.T. RAVIKUMAR, JUDGE
Sd/-
N. NAGARESH, JUDGE
aks/16.03.2021
APPENDIX OF RP 736/2019
RP.736/2019 & connected cases
PETITIONERS' EXHIBITS:
ANNEXURE A1 PHOTOSTAT COPY OF THE APPLICATION
DATED 27.12.2018.
ANNEXURE A2 PHOTOSTAT COPY OF THE REPLY GIVEN BY
THE UGC DATED 17.01.2019.
RP.736/2019 & connected cases
APPENDIX OF RP 737/2019
PETITIONERS' EXHIBITS:
ANNEXURE A1 PHOTOSTAT COPY OF THE APPLICATION
DATED 27.12.2018.
ANNEXURE A2 PHOTOSTAT COPY OF THE REPLY GIVEN BY
THE UGC DATED 17.1.2019.
RP.736/2019 & connected cases
APPENDIX OF RP 738/2019
PETITIONERS' EXHIBITS:
ANNEXURE A1 PHOTOSTAT COPY OF THE APPLICATION
DATED 27/12/2018.
ANNEXURE A2 PHOTOSTAT COPY OF THE REPLY GIVEN BY
THE UGC DATED 17/01/2019.
RP.736/2019 & connected cases
APPENDIX OF RP 740/2019
PETITIONERS' EXHIBITS:
ANNEXURE-A1 PHOTOSTAT COPY OF THE APPLICATION
DATED 27.12.2018
ANNEXURE-A2 PHOTOSTAT COPY OF THE REPLY GIVEN BY
THE UGC DATED 17.01.2019
RP.736/2019 & connected cases
APPENDIX OF RP 741/2019
PETITIONERS' EXHIBITS:
ANNEXURE A1 PHOTOSTAT COPY OF THE APPLICATION
DATED 27.12.2018.
ANNEXURE A2 PHOTOSTAT COPY OF THE REPLY GIVEN BY
THE UGC DATED 17.01.2019.
RP.736/2019 & connected cases
APPENDIX OF RP 756/2019
PETITIONERS' EXHIBITS:
ANNEXURE A1 PHOTOSTAT COPY OF APPLICATION DATED
27.12.2018
ANNEXURE A2 PHOTOSTAT COPY OF THE REPLY GIVEN BY
THE UGC DATED 17.01.2019
ncd
