Ajoy P.B vs State Of Kerala
2022 Latest Caselaw 8154 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                       WP(C) NO. 20488 OF 2016
PETITIONER:

           AJOY P.B., S/O. BABY JOSH P.S, AGED 41 YEARS,
           PANAKKAL HOUSE, VIDYANAGAR, COCHIN UNIVERSITY P.O.,
           ERNAKULAM-682022.

           BY ADVS.SRI.P.CHANDRASEKHAR
           SMT.V.A.HARITHA
           SMT.P.M.MAZNA MANSOOR
           SMT.SANDHYA R.NAIR


RESPONDENTS:

    1      STATE OF KERALA,
           REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
           DEPARTMENT OF HIGHER EDUCATION, ROOM NO. 301,
           THIRD FLOOR, SECRETARIAT ANNEX,
           THIRUVANANTHAPURAM-695001.

    2      THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
           ADMINISTRATIVE BUILDING, COCHIN UNIVERSITY P.O.,
           ERNAKULAM - 682022 REPRESENTED BY ITS REGISTRAR.

    3      SCHOOL OF LEGAL STUDIES, THE COCHIN UNIVERSITY OF
           SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O.,
           ERNAKULAM - 682022, REPRESENTED BY ITS DIRECTOR.

    4      UNIVERSITY GRANTS COMMISSION,
           BAHADUR SHA ZAFAR MARG, NEW DELHI, PIN-110 002,
           REPRESENTED BY ITS SECRETARY.

           BY ADVS.SRI.MILLU DANDAPANI, SC, COCHIN UNIVERSITY
           SRI.S.P.ARVINDAKSHAN PILLAI, SC,
           SMT.PARVATHY K., GP
           SRI.S.KRISHNAMOORTHY, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20488 OF 2016
                                  -2-

                           JUDGMENT

The petitioner alleges that even though he is

fully qualified to be engaged as a 'Guest Faculty'

in law by the 3rd respondent - School of Legal

Studies, operating under the 2nd respondent -

Cochin University of Science and Technology

(CUSAT), he has been denied such an opportunity,

but being granted to others, who are lesser

qualified or not qualified.

2. I notice that this matter has been pending

before this Court from the year 2016; and that an

interim order was issued on 16.06.2016 by another

learned Judge of this Court to the following

effect:

"Notice before admission to respondents 2 & 3 taken by Sri.Millu Dandapani, learned Standing Counsel for KUSAT. Notice before admission to 4th respondent taken by Sri.S.Krishnamoorthy, learned Standing Counsel for the UGC. Notice before admission to the 1st respondent-State of Kerala taken by learned Government Pleader.

WP(C) NO. 20488 OF 2016

2. It is pointed out by the petitioner that it is discernible from item No.8 of Ext.P12 RTI communication dated 22.3.2016 issued by the 3rd respondent that 10 Guest Lecturers named therein do not have all the requisite qualifications prescribed by the UGC for the post of Assistant Professor in Law. Learned Standing Counsel for the KUSAT will get instructions from respondents 2 & 3 and file a statement in the matter. The said statement should contain the details regarding the qualifications for the post of Lecturer/Assistant Professor in Law as prescribed in the UGC regulations as well as the details of the qualifications of each one of the Guest Lecturers now being engaged by the 3 respondent-School of Legal Studies as well as the qualifications possessed by the petitioner. If any of the Guest Lecturer now being engaged by the 3rd respondent does not possess all the qualifications prescribed by the UGC for the post of Assistant Professor in Law and the petitioner possesses all those qualifications, then such statement should show the reasons as to why such unqualified Lecturers have been engaged in preference to the qualified candidates like the petitioner. Respondents 2 & 3 will also state as to whether any payments due to the petitioner by virtue of his earlier teaching stint as Guest Lecturer in the University, is still pending for payment and reasons for the delay in such payment and the shortest time required for disbursing the admissible payments due to the petitioner in that regard.

Statement in this regard shall be filed by respondents 2 & 3 within ten days. List on 28.6.2016 in the admission list."

3. Sri.S.P.Aravindakshan Pillai - learned WP(C) NO. 20488 OF 2016

Standing Counsel for the CUSAT, submitted that he

does not have instructions as to whether any

'Guest Faculties' are presently working in the 3rd

respondent - School of Legal Studies; and that if

there are any such, the competent Authority of the

CUSAT is willing to assess the claim of the

petitioner and to take note of all his complaints,

so that it can finally end in apposite

proceedings.

4. Sri.P.Chandrasekhar - learned counsel for

the petitioner, submitted that it is not the fault

of his client that this matter has been pending

for the last six years; but accused the CUSAT in

not having even responded to the afore directions

in the extracted interim order and thus prayed

that the reliefs sought for in this writ petition

be granted.

       5.    I   am     afraid      that   I    cannot    immediately

accede           to        the          above         request         of
 WP(C) NO. 20488 OF 2016

Sri.P.Chandrasekhar, because it is certainly for

the CUSAT to consider every relevant and germane

aspect before a person can be engaged as a 'Guest

Lecturer'. The question whether there are Guest

Lecturers today and whether the Rules permit such

engagement are all matters that will have to be

considered, taking note of the petitioner's

qualifications also.

In the afore circumstances, I order this writ

petition and direct the competent Authority of the

CUSAT to hear the petitioner and decide on his

claim for being appointed as a 'Guest Lecturer',

after assessing whether there are any such persons

who are continuing without eligible

qualifications.

If, through the afore exercise, the CUSAT

feels that the petitioner can be engaged, then

they will be at liberty to ask him to make an

appropriate application for such purpose and he WP(C) NO. 20488 OF 2016

will abide by all legal and lawful conditions to

be imposed for such engagement.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 20488 OF 2016

APPENDIX OF WP(C) 20488/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LLM DEGREE CERTIFICATE DATED 12/12/2012 ISSUED BY THE M.G UNIVERSITY TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE UGC-NET CERTIFICATE BEARING ELECTRONIC CERTIFICATE NO. 121047102 DATED 19/01/2013 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE NOTIFICATION BEARING NO.

GSR 5876 (E) DATED 24/10/1979 ISSUED BY THE MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS, GOVERNMENT OF INDIA

EXHIBIT P4 TRUE COPY OF THE G.O(MS) 166/2012/H.EDN DATED 01/06/2012

EXHIBIT P5 TRUE COPY OF THE G.O(P) NO. 602/2012/H.EDN DATED 28/11/2012

EXHIBIT P6 TRUE COPY OF THE ORDER BEARING U.O NO. AC.

C3/9020/96(PF) DATED 14/05/2013 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P7 TRUE COPY OF THE UNIVERSITY ORDER BEARING U.O NO. AC C3/12311/99 (PF) DATED 28/03/2014 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P8 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT IN JUNE 2014

EXHIBIT P9 TRUE COPY OF THE PANEL OF GUEST FACULTY APPROVED BY THE DEPARTMENT COUNCIL OF THE 3RD RESPONEENT IN JULY, 2014

EXHIBIT P10 TRUE COPY OF THE PANEL OF GUEST FACULTY APPROVED BY THE DEPARTMENT OF THE 3RD RESPONDENT ON 10/12/2015

EXHIBIT P11 TRUE COPY OF THE APPLICATION BEARING RTI WP(C) NO. 20488 OF 2016

APPLICATION NO 2/CUSAT DATED 26/2016 SUBMITTED BY THE PETITIONER TO THE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT

EXHIBIT P12 TRUE COPY OF THE REPLY LETTER BEARING NO.

CUL4/RTI/2016 DATED 22/03/2016 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 3RD RESPONDENT TO THE PETITIONER

EXHIBIT P13 TRUE COPY OF THE UNIVERSITY ORDER BEARING U.O NO. AC C3/9020/96/PF DATED 31/08/2013 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P14 TRUE COPY OF THE APPLICATION BEARING NO.

2/2016/SLS DATED 21/05/2016 SUBMITTED BY THE PETITIONER TO THE PRESENT DIRECTOR OF THE 3RD RESPONDENT

EXHIBIT P15 TRUE COPY OF THE COVERING LETTER BEARING NO. 2/2016/CUSAT DATED 21/05/2016 SENT BY THE PETITIONER TO THE RESITRAR OF THE 2ND RESPONDENT

EXHIBIT P16 TRUE COPY OF THE COVERING LETTER BEARING NO. 2/2016/CUSAT/VC DATED 21/05/2016 SENT BY THE PETITIONER TO THE VICE CHANCELLOR OF THE 2ND RESPONDENT

EXHIBIT P17 TRUE COPY OF THE LETTER BEARING NO. AC C/INFO. ACT/MISC/2016 DATED 02/06/2016 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT

EXHIBIT P18 TRUE COPY OF THE APPLICATION BEARING NO.

1/2016/SLS DATED 19/05/2016 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT

EXHIBIT P19 TRUE COPY OF THE COVERING LETTER BEARING NO. 1/2016/CUSAT DATED 19/05/2016 SUBMITTED BY THE PETITIONER TO THE REGISTRAR OF THE 2ND RESPONDENT

EXHIBIT P20 THE TRUE COPY OF LETTER BEARING NO.CUL2/GF/2016 DATED 19.07.2016 ISSUED BY WP(C) NO. 20488 OF 2016

THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P21 THE TRUE COPY OF THE EMAIL DATED 18.07.2016 SENT BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P22 THE TRUE COPY OF THE ADVERTISEMENT BEARING NO. NIL DATED NIL ISSUED THE 3RD RESPONDENT AND OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P23 THE TRUE COPY OF THE MINUTES OF THE DEPARTMENT COUNCIL MEETING OF THE 3RD RESPONDENT DATED 31.5.2016.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R2(a) TRUE COPY OF THE LETTER NO.CUL 5/GUEST FACULTY/2016 DATED 5.7.2016 ISSUED TO THE PETITIONER.

EXHIBIT R2(b) TRUE COPY OF THE LETTER NO.CUL2/GF/2016 DATED 5.7.2016.

EXHIBIT R2(c) TRUE COPY OF THE LETTER DATED 7.7.2016.

EXHIBIT R2(d) TRUE COPY OF THE E-MAIL DATED 16.7.2016 SENT BY THE PETITIONER.

EXHIBIT R2(e) TRUE COPY OF THE MINUTES OF THE DEPARTMENTAL COUNCIL HELD ON 18.07.2016.

EXHIBIT R2(f) TRUE COPY OF THE PUBLICATION DATED 14.5.2016 PUBLISHED IN NEWS PAPERS.

//TRUE COPY// P.A. TO JUDGE