Kerala High Court

Dr.T.V.Ramakrishnan vs Kannur University on 22 December, 2022

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                      WP(C) NO. 21129 OF 2021
PETITIONER:

           DR.T.V.RAMAKRISHNAN
           ASSOCIATE PROFESSOR,
           DEPARTMENT OF MATHEMATICAL SCIENCES, KANNUR
           UNIVERSITY, MANGATTUPARAMBA CAMPUS, KANNUR.
           BY ADVS.
           C.P.SUDHAKARA PRASAD (SR.)
           POOJA SURENDRAN
           S.RAMESH
           P.RAVINDRAN (SR.)

RESPONDENTS:

     1       KANNUR UNIVERSITY
             REPRESENTED BY ITS REGISTRAR,
             CIVIL STATION, KANNUR, PIN - 670002,
     2       THE VICE CHANCELLOR,
             KANNUR UNIVERSITY, KANNUR, PIN - 670002,
     3       PROF.GOPINATH RAVINDRAN,
             VICE CHANCELLOR, KANNUR UNIVERSITY,
             KANNUR, PIN - 670002,
     4       PROF.SREEJITH K.,
             DEAN, FACULTY OF SCIENCE,
             DEPARTMENT OF BIOTECHNOLOGY,
             KANNUR UNIVERSITY, DR.JANAKI AMMAL CAMPUS,
             THALASSERY P.O, PALAYAD, KANNUR DISTRICT,
             PIN - 670661.
             BY ADVS.
             I.V.PRAMOD - SC
             P.DEEPAK



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   22.12.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No. 21129 of 2021

                                 :2:




                    DEVAN RAMACHANDRAN, J.
                 =========================
                      W.P.(C)No.21129 of 2021
                ==========================
                 Dated this the 22nd December, 2022

                             JUDGMENT

After a long stretch of heated arguments in this matter,

there is light at the end of the tunnel - in a manner of speaking -

because, the parties are ad idem that a fresh assessment of the

petitioner can be made, for the purpose of his Career

Advancement Scheme (CAS) promotion as Professor.

2. Suffice to say, the complaint of the petitioner is that his

evaluation was not done properly; and that members of the

Committee were not experts in the field stated by him, namely

'Graph Theory and Fuzzy Mathematics'. There are various other

allegations made by the petitioner, through his learned Senior

Counsel, Sri.P.Ravindran, instructed by Sri.S.Ramesh, including

that transcript of the interview itself would show that members

of the Committee were not experts in the field.

3. That apart, a question has arisen as to whether

assessment was done based on the applicable Regulations of the W.P.(C)No. 21129 of 2021

University Grants Commission(UGC), particularly with respect

to the component of "Expert Assessment", as mandated in

Table-II(A) of Appendix-III thereof.

4. As I have said above, I do not propose to go into the

merits of any of the rival contentions, because virtually, the

parties are in consent that entire evaluation can be done again.

5. The only controversy presently resting is whether same

members of the earlier Committee can be allowed to do the

revaluation.

6. Sri.P.Ravindran - learned Senior Counsel, submitted

that, since members of the earlier Committee are not experts in

the field, they cannot be included; while, Sri.I.V.Pramod -

learned Standing Counsel for the Kannur University, submitted

that they are experts and sought liberty to the Vice Chancellor

to assess their expertise, before including them in the new

panel.

Indubitably, since this Court cannot enter into any

assessment of the expertise of the members of the earlier

Committee, I am of the view that it should be left to the Vice-

Chancellor to make an apposite evaluation, before they are

included in the new Committee. Since the petitioner also W.P.(C)No. 21129 of 2021

accedes to this, subject to his remedies if any, I deem it

appropriate to allow this writ petition with the following

directions:

(a) The Vice-Chancellor of Kannur University is

directed to place a panel of the "Expert

Assessment Selection Committee" as per

Table-II(A) of Appendix-III of the "UGC

Regulations 2010", particularly Clause 5.1.2(a)

(3) thereof before the Syndicate for its

approval.

(b) While doing so, the Vice-Chancellor will be

at liberty to assess the expertise of the

members of the earlier panel and if they are

found to be not experts in the field chosen by

the petitioner, then to substitute them

appositely.

approved by the Syndicate of the University,

said Committee will proceed to commence the

Expert Assessment of the petitioner adverting

to his Academic Performance Indicators (API) W.P.(C)No. 21129 of 2021

score, and after giving weightage as required

under Table-II(A) of Appendix-III of the "UGC

Regulations 2010"; and complete the processes

within a period of two months, after which they

are constituted.

I make it reiteratingly clear that, while the Expert

Committee acts as afore, they shall do so de hors the earlier

results.

As a necessary consequence to the afore, Ext.P20 minutes

is set aside; however, only to pave way for the afore exercise

without impediment.

Sd/-

DEVAN RAMACHANDRAN JUDGE

anm/akv W.P.(C)No. 21129 of 2021

APPENDIX OF WP(C) 21129/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 19.06.2020 ISSUED BY THE 1ST RESPONDENT UNIVERSITY. Exhibit P2 TRUE COPY OF THE MINUTES OF THE MEETING OF THE SCREENING-CUM-EVALUATION COMMITTEE HELD ON 18.12.2020 OBTAINED UNDER THE R.T.I ACT.

Exhibit P3 TRUE COPY OF THE APPEAL DATED 5.1.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE MINUTES OF THE INTERNAL QUALITY ASSURANCE CELL DATED 20.04.2020. Exhibit P5 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 28.04.2021 ISSUED BY THE UNIVERSITY TO THE PETITIONER.

Exhibit P6 TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT DATED 15.12.2020 TO THE PRINCIPAL SECRETARY TO THE GOVERNOR ALONG WITH THE ENCLOSURES ATTACHED THEREIN. Exhibit P7 TRUE COPY OF THE MINUTES OF THE SYNDICATE MEETING DATED 3.5.2019.

Exhibit P8 TRUE COPY OF THE MINUTES OF THE SYNDICATE MEETING DATED 26.10.2019.

Exhibit P9 TRUE COPY OF THE MINUTES OF THE SYNDICATE MEETING DATED 16.02.2021.

Exhibit P10 TRUE COPY OF THE RELEVANT PAGE (PAGE NO.

7951) IN THE UGC REGULATIONS, REGARDING PERCENTAGE OF DISTRIBUTION OF WEIGHTAGE POINT IN THE EXPERT ASSESSMENT UNDER THE TABLE.

Exhibit P11 TRUE COPY OF THE APPLICATION DATED 26.07.2021 SUBMITTED BY THE PETITIONER UNDER THE RTI ACT BEFORE THE UNIVERSITY. Exhibit P12 TRUE COPY OF THE REPLY GIVEN BY THE PUBLIC INFORMATION OFFICER OF THE UNIVERSITY AS PER COMMUNICATION DATED 11.08.2021. Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 6.7.2021 IN WP(C) NO. 20654/2020 OF THIS HON'BLE COURT.

Exhibit P14 TRUE COPY OF THE COMMUNICATION DATED 20.03.2017 SENT BY THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY TO THE PRINCIPAL SECRETARY TO GOVERNMENT. W.P.(C)No. 21129 of 2021

Exhibit P15 TRUE COPY OF THE COMMUNICATION DATED 6.12.2017 FROM THE SECRETARY TO GOVERNMENT TO THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY.

Exhibit P16 TRUE COPY OF THE ORDER DATED 18.01.2018 ISSUED BY THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY.

Exhibit P17 TRUE COPY OF THE ORDER DATED 1.3.2019 ISSUED BY THE UNIVERSITY OF KERALA. Exhibit P18 TRUE COPY OF THE JUDGMENT DATED 5.10.2017 IN WP(C) NO. 3288/2016 OF THIS HON'BLE COURT.

Exhibit P19 TRUE COPY OF THE APPLICATION DATED 17.06.2021 SUBMITTED BY THE PETITIONER UNDER THE RTI ACT BEFORE THE UNIVERSITY. Exhibit P20 TRUE COPY OF THE REPLY GIVEN BY THE PUBLIC INFORMATION OFFICER, KANNUR UNIVERSITY AS PER COMMUNICATION DATED 15.07.2021 ALONG WITH THE MINUTES OF THE SELECTION COMMITTEE.

Exhibit P21 TRUE COPY OF THE SERVICE CERTIFICATE ISSUED BY THE PRINCIPAL, S.E.S. COLLEGE, SREEKANDAPURAM, DATED 16.12.2015. Exhibit P22 TRUE COPY OF THE ABOVE JUDGMENT DATED 17.08.2012 OF THE HON'BLE HIGH COURT OF RAJASTHAN (REPORTED IN 2013(1) RLW 826 (RAJ)).

Exhibit P23 TRUE COPY OF THE PRO FORMA, (PBAS PERFORMA FOR PROMOTION UNDER CAREER ADVANCEMENT SCHEME - 2009-2010) OF THE PETITIONER. Exhibit P24 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF ALLAHABAD REPORTED IN 2019 SCC ALL 3686.

Exhibit P25 TRUE COPY OF THE DETAILS OF THE CITATIONS AVAILABLE IN THE GOOGLE SCHOLAR WEBSITE IN WHICH THE PUBLICATION OF THE PETITIONER WAS CITED.

Exhibit P26 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE MEETING OF THE SYNDICATE MEETING HELD ON 11-3-2022.

Exhibit P27 TRUE COPY OF THE REPLY DATED 5-4-2022 GIVEN BY THE PETITIONER TO THE VICE CHANCELLOR.

Exhibit P28 TRUE COPY OF THE COMMUNICATION NO. ACAD B1/A G AUDIT/2022 DATED 26-5-2022 SENT BY THE REGISTRAR TO THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT 1).

W.P.(C)No. 21129 of 2021

Exhibit P29 TRUE COPY OF THE RELEVANT PAGE OF THE U.G.C REGULATIONS (REGULATION NO.6.0.7). Exhibit P30 TRUE COPY OF THE DETAILS OF RESEARCH PAPERS SUBMITTED FOR EXPERT EVALUATION. Exhibit P31 TRUE COPY OF THE RELEVANT PAGE OF THE UGC REGULATIONS.

RESPONDENTS' EXHIBITS Exhibit R1(a) A TRUE COPY OF THE CD IN WHICH VIDEO GRAPH OF SELECTION COMMITTEE MEETING HELD ON 28/4/2021.

Exhibit R1(b) A TRUE COPY OF THE TRANSCRIPTION OF SELECTION COMMITTEE MEETING HELD ON 28/4/2021.