Kerala High Court
Dr. Usha V. Parameswaran vs State Of Kerala on 18 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 18th day of February 2022 / 29th Magha, 1943
IA.NO.1/2022 IN WP(C) NO. 20658 OF 2021(F)
PETITIONERS/PETITIONERS:
1. DR. USHA V. PARAMESWARAN,C4 PALACE ORCHARDS, ANAVATHIL,
MATTANCHERRY, KOCHI-682001.
2. DR.JABIR THAJUDEEN, JABIR MANZIL, PLAVILA, PANAVOOR P.O,
TRIVANDRUM-695568.
3. DR.BAIJU P.T., PUTHUPARAMBIL HOUSE, NAYARAMBALAM P.O,
PIN-682509, ERNAKULAM.
4. MR. RAM PRASANTH M.R., MANASAM, SASTHA COLONY, MALAMPUZHA
P.O, PALAKKAD-678651.
5. KRIPA N.V., VATTAPPARAMBIL HOUSE, THEYYANGAD, PONNANI P.O,
PIN-679577, MALAPPURAM.
6. DR.SAYANA K.A., KOCHIKKAPARAMBIL HOUSE, KOOLIMUTTAM P.O,
PIN-680691, THRISSUR.
7. MR.JENSON VICTOR ROZARIO, AMALA GARDENS, MAYITHARA MARKET
P.O, CHERTHALA, ALAPPUZHA, KERALA, INDIA, PIN-688539.
8. MR.RIYAS A., MANZOORMANZIL, PANAVOOR P.O, NEDUMANGAD,
THIRUVANANTHAPURAM-695568.
9. MR.HARIPRAVED P., S/O PRADEEP, PUNNAKKAL HOUSE, PURANGU P.O,
PONNANI, MALAPPURAM-679584.
10. MR.MUNEER DAR ULIHSAN, THALACHIRA P.O, KOTTARAKKARA,
KOLLAM-691538.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES REPRESENTED
BY ITS REGISTRAR, PANANAGAD P.O, KOCHI-682506.
3. THE VICE CHANCELLOR, KERALA UNIVERSITY OF FISHERIES AND
OCEAN STUDIES, PANANGAD P.O, KOCHI-682506.
4. INDIAN COUNCIL OF AGRICULTURAL RESEARCH, KRISHI ANUSANDHAN
BHAVAN -II, PUSA, NEW DELHI-110012.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct
the 2nd respondent to consider the applications from candidates
who have the necessary qualifications prescribed by the UGC for
appointment to the post of Assistant Professor as well as
Associate Prfessor under the 2nd respondent University, pending
disposal of the Writ Petition.
This Application coming on for orders upon perusing the
application and the affidavit filed in support thereof, and upon
hearing the arguments of SRI.P.RAVINDRAN SENIOR ADVOCATE along
with M/S. LAKSHMI RAMADAS, APARNA RAJAN, SREEDHAR RAVINDRAN,
M.R.SABU, Advocates for the petitioners in IA/WP(C) and of in
IA/WP(C), GOVERNMENT PLEADER for respondent 1 in IA/WP(C),
SHRI.N.SATHEESH, STANDING COUNSEL for the respondents 2 & 3 in
IA/WP(C) and SRI.T.C.KRISHNA, CENTRAL GOVERNMENT COUNSEL for
respondent 4 in IA/WP(C), the court passed the following:
EXHIBIT P4: TRUE COPY OF THE NOTIFICATION OF THE ORDINANCE
NO.46/2021 DATED 25.02.2021.
Exhibit P7: TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE 4TH
RESPONDENT DATED 5.09.2017 F.NO. EDN 7/7/2017-EQR.
Exhibit P8(a): TRUE COPY OF THE ORDINANCE NO.109/2021 OF THE KERALA
UNIVERSITY OF FISHERIES AND OCEAN STUDIES (AMENDMENT) ORDINANCE,2021 DATED
24.08.2021.
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No.20658 of 2021
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Dated this the 18th day of February, 2022
ORDER
I.A. No.1 of 2022
I have heard Sri.P.Ravindran, the learned Senior counsel appearing for the
petitioners, Sri.T.C.Krishna, the learned Central Government Counsel, Sri.M. Satheesh,
the learned standing counsel appearing for respondents 2 and 3 and the learned
Government Pleader.
2. It is submitted by the learned Senior counsel, Exts.P4 and P8(a)
ordinance purporting to amend the Kerala University of Fisheries and Ocean Studies
Act 2010 by inserting Section 45A is vitiated for want of legislative competence. It is
pointed out that as per the said provision, a provision has been incorporated to the
effect that only persons having a degree in Fisheries Science approved by the
Agricultural Research Council of India are eligible for appointment as teachers of the
University. The learned counsel points out that the said provision is in conflict with
the provisions of the UGC Act and the Regulations framed thereunder. The minimum
qualification prescribed by the UGC for appointment as Assistant Professors is Post
Graduation in the relevant subject/concerned subject and any person holding a degree
in Bachelor of Science is entitled for admission for a Postgraduate course inside.
There is clearly no difference between B.F.Sc. degree awarded by the 2nd respondent
and B.Sc Degrees of other Universities insofar as the eligibility for admission to M.Sc
Course is concerned. According to the learned Senior counsel, as per the provisions
of UGC Regulations, 2018, a person holding a postgraduate Degree in Science in a
relevant subject is entitled to be considered for appointment as Assistant Professor in
the 2nd respondent University and the insistence made that only qualification as
approved by the 4th respondent would make a person eligible for applying to the post
as Assistant Professor is clearly discriminatory and is intended to deny the right of
persons like the petitioners from seeking appointment.
3. The learned Senior counsel would refer to the judgment of a Full Bench
decision of this Court in Radhakrishnan Pillai v. Travancore Devaswom Board
[2016 (2) KLT 245] and specifically to paragraph Nos.14 and 17 and it is submitted
that the UGC regulations having been adopted by the State Government, the
Regulations are to be mandatorily complied with by all the Universities in the State.
4. The learned counsel submits that pending consideration of the writ
petition, a notification has been issued by the 1st respondent inviting applications for
appointment to the post of Assistant Professor as well as Associate Professor and in
Ext.P10 the respondents are insisting on a degree approved by the 4th respondent as
an essential qualification. Referring to Ext.P7 public notice issued by the ICAR dated
05.09.2017, it is urged that the ICAR has stated in unmistakable terms that it is not a
University and has no authority to recognise degree or affiliation to University or to
any courses conducted by the university. The learned counsel asserts that the
petitioners herein are qualified to be considered for appointment to the post of
Assistant Professor and if based on Section 45A of the Kerala University of Fisheries
and Ocean Studies Act, 2010, they are kept out of serious hardship and injustice
would result.
5. I have heard the submissions of the learned standing counsel as well.
6. Having considered the submissions advanced and having gone through
the records, I am of the view that the petitioners have made out a case for issuance
of directions as prayed for. As an interim measure, there will be a direction to the 2nd
respondent to consider the applications from candidates who have the necessary
qualifications prescribed by the UGC for appointment to the post of Assistant Professor
as well as Associate Professor under the 2nd respondent University. However, it is
made clear that the acceptance of the applications would not confer any rights on the
petitioners and further action taken by respondents 2 and 3 would be subject to the
final outcome of the writ petition.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
NS
18-02-2022 /True Copy/ Assistant Registrar
