Dr.Estelitta.S vs Dr.Chandra Babu
2022 Latest Caselaw 7157 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                      WP(C) NO. 23308 OF 2021
PETITIONER:

           DR.ESTELITTA.S
           KARIPPAI HOUSE, MANNUTHY POST, THRISSUR-680 651.
           BY ADV S.SUJIN


RESPONDENTS:

    1      DR.R.CHANDRA BABU
           VICE CHANCELLOR'S RESIDENCE VETERINARY COLLEGE
           CAMPUS, MANNUTHY (PO) THRISSUR-680 651.
    2      SEARCH COMMITTEE,
           REPRESENTED BY ITS CHAIRMAN, KERALA AGRICULTURAL
           UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY (PO)
           THRISSUR-680 656.
    3      KERALA AGRICULTURAL UNIVERSITY
           REPRESENTED BY ITS REGISTRAR, KERALA AGRICULTURE
           UNIVERSITY (PO) THRISSUR-680 656.
    4      THE CHANCELLOR,
           KERALA AGRICULTURAL UNIVERSITY, GOVERNOR OF KERALA,
           RAJ BHAVAN, TRIVANRUM-695 099
           BY ADVS.
           SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY
           K.JAJU BABU (SR.)



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      2



W.P.(C)No. 23308 of 2021.




                            JUDGMENT

Dated this the 23rd day of June, 2022.

Though various assertions, allegations and

averments have been made and urged in this writ

petition, I am certain that this Court will not be justified

in evaluating the same on its merits at this juncture,

when the petitioner admits that she has approached the

4th respondent - Chancellor of the Kerala Agricultural

University, through Ext.P7.

2. Sri.N.N.Sugunapalan - learned Senior Counsel,

instructed by Smt.Keerthy M. - learned counsel for the

petitioner, submitted that her client has assailed the

appointment of 1st respondent -Vice Chancellor of the

W.P.(C)No. 23308 of 2021.

University on various grounds, including that the

experience claimed by her to be eligible for applying for

the post is suspect and apocryphal. The learned counsel

submitted that, hence, her client has now approached

the Chancellor of the University through Ext.P7, but that

no action has been taken thereon, which has now

constrained him to approach this Court.

3. As I have said above, I do not propose to go

into the merits of the contentions of the parties at this

time because, certainly, the Chancellor will have to take

a final decision on Ext.P7, before the petitioner can seek

a judicial review.

4. In fact, Sri.Jaju Babu - learned Senior Counsel,

instructed by Sri.Brijesh Mohan - learned counsel

appearing for the 4th respondent; Sri.Robson Paul -

W.P.(C)No. 23308 of 2021.

learned Standing Counsel for the University argued that

this writ petition is not maintainable because it is

edificed on certain uncorroborated and unsubstantiated

allegations, which are all untrue.

5. It is, therefore, evident that there are

disputations on facts which cannot be resolved by this

Court, while acting under Article 226 of the Constitution

of India and that the Chancellor must consider Ext.P7

and taken an apposite decision thereon as per law. This

has been acceded to by Sri.Jaju Babu - learned Senior

Counsel.

Resultantly, I order this writ petition to the limited

extent of directing the Chancellor of the University to

take up Ext.P7 representation of the petitioner and

dispose of the same, after affording her an opportunity

W.P.(C)No. 23308 of 2021.

being heard, as also to the 1st respondent; thus

culminating in an appropriate order and necessary action

thereon, as expeditiously as is possible but not later than

three months from the date of receipt of a copy of this

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/23.06.2022.

W.P.(C)No. 23308 of 2021.

APPENDIX OF WP(C) 23308/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 7.12.2017 Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT, CHANCELLOR OF KAU DATED 23.12.2017 Exhibit P3 TRUE COPY OF CORRIGENDUM DATED 29.12.2017 ISSUED BY THE 4TH RESPONDENT CHANCELLOR Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 29.4.2021 ISSUED BY THE UNIVERSITY OF CALIFORNIA Exhibit P5 TRUE COPY OF THE QUERY DATED 16.4.2021 ALONG WITH THE COMMUNICATION DATED 20.4.2021 FROM THE NORTH CAROLINA STATE UNIVERSITY Exhibit P6 TRUE COPY OF THE QUERY DATED 20.4.2021 ALONG WITH THE REPLY THERE TO DATED 21.4.2021 ISSUED BY THE SENIOR HUMAN RESOURCES DIVISION MANAGER OF LAWRENCE BERKELY NATIONAL LABORATORY Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 8.9.2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT CHANCELLOR

W.P.(C)No. 23308 of 2021.

Exhibit P8 TRUE COPY OF THE EMAIL COMMUNICATION DATED 16.4.2021 ISSUED BY SRI JOSEPH SEBASTIAN Exhibit P9 TRUE COPY OF THE E MAIL COMMUNICATION DATED 16.4.2021 ISSUED BY REBECCA E LINVILL, EXECUTIVE ASSISTANT FOR THE VICE CHANCELLOR FOR RESEARCH UNIVERSITY OF CALIFORNIA IS PRODUCED HEREWITH AND MARKED Exhibit P10 TRUE COPY OF THE EMAIL DATED 16.4.2021 ISSUED BY LORI A FULTON , ASSISTANT TO THE DEAN , COLLEGE OF AGRICULTURAL AND ENVIRONMENTAL SCIENCES, UNIVERSITY OF CALIFORNIA Exhibit P11 TRUE COPY OF THE EMAIL DATED 22.4.2021 ISSUED BY SRI JOSEPH SEBASTIAN Exhibit P12 TRUE COPY OF THE LETTER DATED 22.6.2021 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE TAMILNADU AGRICULTURAL UNIVERSITY Exhibit P13 TRUE COPY OF THE DOCUMENT PERTAINING TO THE QUALIFICATION OF 1ST RESPONDENT RESPONDENT EXHIBITS Exhibit R3(A) NOTIFICATION O. GS5-2404/2017 DATED 25/10/2017 Exhibit R3(B) GOVERNMENT LETTER NO.AF2/178/2021/AGRI

W.P.(C)No. 23308 of 2021.

DATED 26/07/2021 Exhibit R3(C) UNIVERSITY LETTER NO. REGR/7/2021 (I) DATED 28/07/2021 Exhibit R3(D) LETTER NO. A4/10292/2021 DATED 10/08/2021 FROM REGISTRAR, TAMIL NADU AGRICULTURAL UNIVERSITY