Kerala High Court
University Of Calicut vs Noushad .K.P on 14 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 14TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943
WA NO. 221 OF 2022
AGAINST THE JUDGMENT DATED 18.11.2021 IN WP(C).NO.
5195/2021 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS.3 & 4:
1 UNIVERSITY OF CALICUT
CALICUT UNIVERSITY PO., THENHIPALAM, MALAPPURAM
- 673635, REPRESENTED BY ITS REGISTRAR.
2 THE VICE CHANCELLOR
CALICUT UNIVERSITY PO., THENHIPALAM, MALAPPURAM
-763635, REPRESENTED BY ITS REGISTRAR
BY ADV P.C.SASIDHARAN
RESPONDENTS/PETITIONER & RESPONDENT NOS.1 & 2:
1 NOUSHAD .K.P,
AGED 33 YEARS
S/O. HASSAN KUTTY K.P, KARATTUPARAMBATH HOUSE,
VALIYAPARAMBA P.O, PULIKKAL, MALAPPURAM,
KERALA-673 637
*2 SRI. MOHAMMED MIDLAJ KOZHUKKAL,
S/O. MOHAMMED BASHEER KOZHUMMAL, KOZHUKKAL
HOUSE, PATTUVAM P.O, THALIPARAMBA, KANNUR,
KERALA-670 143
3 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION
:2:
W.A.No.221 of 2022
DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
4 UNIVERSITY GRANTS COMMISSION,
BAHADUR SHAH ZAFAR MARG, NEW DELHI 110 002,
REPRESENTED BY ITS CHAIRMAN.
[*2ND RESPONDENT IMPLEADED AND PARTY ARRARY OF
RESPONDENTS 2 AND 3 CORRECTED AS 3 AND 4
RESPECTIVELY AS PER ORDER DATED 08.02.2022 IN
UNNUMBERED WA -/2022 (FILING NO. 185/2022]
BY ADVS.
SRI.THOMAS ABRAHAM
SRI.S.KRISHNAMOORTHY, CGC
SRI.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SRI.R.ANANTHAPADMANABAN
SRI.THAYYIB SHA P.S.
SRI.PAUL BABY
BY GOVT.PLEADER SRI.BIJOY CHANDRAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:3:
W.A.No.221 of 2022
JUDGMENT
A.K.Jayasankaran Nambiar, J.
This Writ Appeal is preferred by the University of Calicut,
aggrieved by the judgment dated 18.11.2021 of the learned Single
Judge in WP(C).No.5195 of 2021.
2. The brief facts necessary for disposal of the Writ Appeal are as
follows:
The petitioners in the Writ Petition were apparently persons who
were qualified for appointment as Assistant Professors for the
Management/Business Administration Programmes offered by the
Department of Commerce and Management Studies, Calicut University,
going by the UGC Regulations in force during the relevant time. In the
Writ Petition, their grievance was essentially with regard to the alleged
preference shown by the Calicut University for Post Graduates in
Commerce, while effecting recruitments to the post of Assistant
Professor in the Department of Commerce and Management Studies of
W.A.No.221 of 2022
the Calicut University. The contention of the petitioners briefly stated
was that, while in 2013, in connection with the imparting of instructions
to students of the BBA Course, the University had taken a policy
decision that the Assistant Professors for teaching the BBA Course
would be drawn from a pool of Post Graduates in both Management and
Commerce in a prescribed ratio, after the introduction of the UGC
Regulations of 2010 and 2018, the University would not be justified in
utilizing Assistant Professors drawn from the common pool for the
teaching the Management Courses. It is contended that after the
adoption of the UGC Regulations of 2010 and 2018, recruitment to the
post of Assistant Professor for teaching Management/Business
Administration Courses had to be only from candidates duly qualified in
Management and not from those qualified in commerce. The prayer in
the Writ Petition was, therefore, for a direction to the respondent
University to strictly adhere to the binding provisions in the UGC
Regulations aforementioned while recruiting persons to the post of
Assistant Professor in Management/Business Administration Courses.
There was also a separate prayer for a direction commanding the Vice
Chancellor of the Calicut University to initiate steps for creation of a
Faculty of Management Studies by de-linking the same from the
existing arrangement and to entrust the said body with the charge of
teaching and preparation of Courses of study and conduct of research
W.A.No.221 of 2022
etc. in the Management/Business Administration Courses conducted by
the Calicut University. In the Writ Petition, the petitioners also
produced as Ext.P12 a representation submitted, inter alia, before the
Vice Chancellor of the Calicut University outlining their grievance as
above and requesting for appropriate action in regard to the grievance
raised.
3. Although a statement was filed on behalf of the 3 rd and 4th
respondents justifying the decision taken in connection with the
imparting of instructions for the BBA programmes in the past, and
stating that the prescription of particular qualifications for imparting
instructions in any particular pragramme was exclusively within the
domain of the University, the learned Single Judge who went into the
matter found that the action of the University in inviting on-line
applications through Ext.P5 notification dated 31.12.2019 was bad. In
arriving such conclusion, the learned Single Judge presumed that it was
the principle of drawing from a common pool of Post Graduates of both
disciplines, namely, Commerce and Management in a specified ratio
that was adopted in Ext.P5 notification while inviting application from
candidates for the post of Assistant Professor in the Department of
Commerce. The learned Single Judge, thereafter, directed the
University to accept the application of all candidates and prepare a list
W.A.No.221 of 2022
in accordance with merit pertaining to candidates belonging to both the
streams, namely, Management and Commerce.
4. Before us, it is the submission of Sri.P.C.Sasidharan, the
learned counsel for the Calicut University that there was no occasion
whatsoever for the learned Single Judge to have interfered with the
selection process that was initiated through Ext.P5 notification, which
was essentially for the post of Assistant Professors in the Commerce
Department of the University. It is pointed out that the relief sought for
by the writ petitioner cannot be considered without first taking a policy
decision on the need for bifurcation of the Department of
Commerce/Management Studies and the sanctioning of separate posts
of Assistant Professors for teaching the Management subjects. We find
force in the said submission of the learned counsel for the appellant
University and also note that even along with the Writ petition, the writ
petitioners had produced as Ext.P12, a representation seeking the very
same relief of consideration of the issue of bifurcation of the
Department of Commerce and Management Studies as two separate
Departments for the purposes of making separate appointments to the
post of Assistant Professors in the said Departments. We are of the
view that in matters such as these, which involve the taking of a policy
decision by an academic body such as the University, courts should not
W.A.No.221 of 2022
intervene and issue directions which are more suitably taken by the
academic experts. Accordingly, we allow this Writ Appeal by setting
aside the impugned judgment of the learned Single Judge and dispose
the Writ Petition by directing the Vice Chancellor of the Calicut
University to take a decision on Ext.P12 representation preferred by the
petitioners after following the procedure prescribed under the Statute
and after affording a hearing to the petitioners before passing final
orders thereon.
The Writ Appeal is allowed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
mns
W.A.No.221 of 2022
APPENDIX
PETITIONER'S ANNEXURE:
ANNEXURE A1- TRUE COPY OF THE SCHEME AND SYLLABUS OF THE BBA COURSE
RESPONDENTS' ANNEXURE: NIL
//TRUE COPY//
P A TO JUDGE
