Kerala High Court
Jaison Peter vs Cochin University Of Science And ... on 10 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
WP(C) NO. 5635 OF 2021
PETITIONER:
JAISON PETER
AGED 37 YEARS
S/O. LATE PATHROSE,
KAVANAMCHOTTIL HOUSE, KINGINIMATTOM P.O.,
KOLENCHERRY VIA, ERNAKULAM DISTRICT
BY ADVS.
GEORGE ABRAHAM
SRI.JOSEPH GOPURAN
RESPONDENTS:
1 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
REP BY ITS REGISTRAR,
COCHIN UNIVERSITY P.O., KOCHI-22
2 VICE CHANCELLOR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O., KOCHI-22
3 REGISTRAR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O., KOCHI-22
4 SELECTION COMMITTEE,
CONSTITUTED FOR SELECTION TO THE POST OF
ASSISTANT PROFESSOR,
REP BY ITS CHAIRMAN , VICE CHANCELLOR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O., KOCHI-22
5 PROF.PRAMOD GOPINATH,
DIRECTOR, INTERNATIONAL SCHOOL OF PHOTONICS,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O., KOCHI-22
W.P.(C) No. 5635/2021 :2:
6 C.S.PRAVEEN,
ASSISTANT PROFESSOR,
INTERNATIONAL SCHOOL OF PHOTONICS,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
COCHIN UNIVERSITY P.O., KOCHI-22
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.KRISHNA PRASAD. S
SMT.SINDHU S KAMATH
SMT.ROHINI NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
8.4.2022, THE COURT ON 10.5.2022 DELIVERED THE FOLLOWING:
W.P.(C) No. 5635/2021 :3:
JUDGMENT
The petitioner herein and the 6th respondent were applicants for the
post of Assistant Professor (Electronics) invited by the Cochin University of
Science and Technology (CUSAT). The 6th respondent was awarded first rank
by the Selection Committee, while the petitioner was able to secure only 2nd
rank. Being aggrieved, the petitioner has approached this Court seeking to
quash Ext.P17 notification insofar as it includes the 6th respondent as Rank
No.1, for a declaration that the 6th respondent is unqualified to undergo the
selection process as Assistant Professor (Electronics) on the strength of Ext.P1
notification and for incidental reliefs.
2. The case of the petitioner, in brief, is as under:
The International School of Photonics, a Department in the 1st
respondent University, conducts two programmes, viz., the 5 year M.Sc
Course in Photonics and an M.Tech Course in Opto Electronics and Laser
Technology. As per Ext.P1 notification dated 22.10.2019, CUSAT invited
applications for the post of Assistant Professor on various subjects. Serial No.
38 in Ext.P1 reads as under:
Sl. Department/School Subjects/ Reservation No. of
No. Specialization vacancies
3. Clause (f) of the General instructions provides for other
conditions. Insofar as it is relevant, sub clause (i) of clause (f) reads as
follows:
(i) The appointment against the above vacancies will be
made as per UGC/AICTE Regulations and Reservation Principles
according to Cochin University of Science and Technology Act,
1986 and Kerala State Government Rules. The posts earmarked
for Reserved Categories are exclusively reserved for them as per
the provisions in the Kerala State & Subordinate Service Rules.
(emphasis supplied)
4. Clause (i) (4) of Ext.P1 reads as under:
4. Candidates who have passed their qualifying examination
from Universities outside Kerala should forward the Eligibility
Certificate obtained from this University along with their
application.
Desirable:- Candidates who have passed the qualifying
examination from Universities abroad can submit Equivalency
Certificate issued by the Association of Indian Universities
...................
5. Along with Ext.P1, with specific reference to International School
of Photonics, the qualifications required for the applicants were specifically
mentioned as per the very same notification.
Minimum Qualifications:
Essential:
Masters Degree with first class or equivalent in relevant branch as
detailed below:
Sl. No. of the Post Subject/ Master's Degree required
as given in the Specialization
Original notification
38 Electronics Photonics/Electronics/Physics (with specialization in
Electronics)/Opto Electronics & Laser
Technology/Electronics & Communication (Opto
Electronics and Optical Communication)
Desirable : Ph.D in Photonics/Optoelectronics or
related areas
6. The petitioner contends that he is eminently qualified having
secured B.Sc Degree (Electronics), M.Sc Degree (Electronics), National
Eligibility Test for Lectureship, JRF conducted by the UGC and Doctor of
Philosophy in Photonics from the International School of Photonics, CUSAT as
is evident from Ext.P2 to P6. He contends that he is having his qualification in
Electronics and Doctorate in Photonics. According to the petitioner, going by
the stipulations in Ext.P1, only persons who are having PhD in Photonics
/Opto Electronics are eligible to submit an application. As per the criteria for
selection of Assistant Professors based on UGC Regulations, 2018, a candidate
who has secured a PhD was entitled to a score of 30. As the 6th respondent
was having his PhD in Theoretical Physics, he was not entitled to grant of 30
index marks. However, the selection committee proceeded to grant 30 marks
to the 6th respondent and accordingly his score got hiked to 86.
7. The 6th respondent had also applied for the post of Assistant
Professor in the Department of Physics as he was having PhD in Theoretical
Physics. However, in the selection process, he was able to secure only Rank
No.6. This would show that it was based on the undue interest exercised by
the 5th respondent, who is the mentor of the 6th respondent, that he had
secured selection to the post.
8. The inclusion of the 6th respondent in the interview itself is
wrong as his PhD qualification was not in Photonics or in Opto Electronics.
Furthermore, the 6th respondent did not have either NET or JRF qualification,
which is mandatory for selection to the post of Assistant Professor as per UGC
Regulations, 2018. Though a person with PhD degree from any top foreign
University is entitled to get an exemption from NET as per the UGC
Regulations, the University of Nova Gorica, from where the 6th respondent
had secured PhD does not have a ranking among the top 500 in the world
University Ranking at any time by the accredited ranking authorities. The
UGC Regulations of 2010 and 2016 do not permit the Association of Indian
Universities (AIU) to issue an equivalency certificate. Based on the request
made by the 6th respondent, the AIU has issued Ext.P18 certifying that the
Doctor of Science Degree issued by the University of Nova Gorica is equivalent
with Doctor of Philosophy Degree in the corresponding field of an Indian
University. According to the petitioner, this Certificate is issued on the sole
premise that the name of the University of the Nova Gorica is on page
No.3746 of the International Handbook of Universities, 2017. It is thus
apparent that the AIU did not verify the factum of various procedures stated
in the UGC 2009 Regulations.
9. The petitioner contends that Ext.P17 notification as per which,
the 6th respondent has been included as Rank No. 1 to the post of Assistant
Professor is against Ext.P1 notification and all tenets of law and procedure. It
is also contended that the petitioner is entitled to be appointed to the post.
The petitioner has also sought for declaration that the 6th respondent is not
entitled to be appointed as Assistant Professor as he is not having a NET
qualification or a valid PhD degree as stipulated in the UGC Regulations,
2018. The petitioner has also sought for a declaration that Ext.P18
equivalency certificate issued in favour of the 6th respondent cannot be
treated as an equivalency certificate in terms of the UGC Minimum Standards
and Procedure for Award of PhD Regulations, 2009.
10. The 6th respondent has filed a detailed counter contending as
follows:
The 6th respondent is having post graduation in Physics (With
Specialization in Applied Electronics) and not mere Post Graduation in Physics
as contended by the petitioner. As per the notification inviting application to
the post of Assistant Professor (Electronics), the subject of specialization is
given as Electronics. The Masters Degree is supposed to be from one of the
following; Photonics/Electronics/Physics (with Specialisation in Electronics)/
Opto Electronics & Laser Technology / Electronics and Communication (Opto
Electronics and Optical Communication). In addition, PhD in Photonics /Opto
Electronics or related areas are listed only as desirable qualifications. The 6th
respondent has completed his B.Sc degree in Physics from St. Johns College,
Anchal, securing 95.7% marks and later completed his MSc Degree in Physics
(with Specialization in Applied Electronics) from the Department of Physics,
Kariavattom Campus of the University of Kerala as is evident from Ext.R6(a).
After completing his Post Graduation Degree, the 6th respondent joined the
Materials Research Laboratory of the University of Nova Gorica, Slovenia as a
young researcher. The 6th respondent enrolled for the Graduate study
Programme in Physics (3rd level) and after completion of the same, the
petitioner was awarded "Doctor of Science" abbreviated as PhD as is evident
from Ext.R6(c). He was awarded the Doctor of Science in the year 2012 for
the Thesis titled as "Ab - Initio Calculations on the Modulation of Electronic
Band Gap of Photocatalytic Semiconductors" with a Grade Point Average of
9.83 out of 10. These aspects would be evident from Exts.R6(d) to R6(f).
These materials would show that the 6th respondent holds a PhD in Physics
and not in Theoretical Physics as contended by the petitioner and therefore,
he is eligible to apply for both the posts viz., Assistant Professor in Physics
(Open) and Assistant Professor in Electronics (Open). After coming back to
India, the 6th respondent has worked as Guest Lecturer in various Colleges.
During this period, the 6th respondent applied for the DST - INSPIRE faculty
fellowship and he was shortlisted based on the project proposal, academic
qualification and interview performance. The INSPIRE faculty award has been
designed by the Department of Science and Technology (DST), Govt. of India
to provide 5 year Contractual Research Award to young achievers for
independent research and also to emerge as a Leader in Future Science and
Technology. As per the scheme, the selected fellow is entitled to a monthly
fellowship of Rs.1,25,000/- (Revised) and Rs.7,00,000/- annual Research
grant for 5 years. As per the scheme, a selected faculty can opt to join any
institute in India wherein the faculty has to sign an undertaking form along
with the Head of the Institution declaring that the host institute will ensure
the development of the candidate as an independent investigator and should
encourage to provide a congenial atmosphere for the candidates to excel in
their work. As the 5th respondent is working as the Director, International
School of Photonics, he is responsible to take decisions on the financial and
administrative heads of the INSPIRE project. He is not the mentor of the 6th
respondent as contended in the writ petition. Ext.R6(h) INSPIRE faculty
undertaking shows that the 6th respondent is an independent investigator
and is not under the mentorship of the 5th respondent. The 6th respondent
has published three articles during the tenure of the INSPIRE faculty
fellowship and in none of the articles, the 5th respondent is shown as a
co-owner. The INSPIRE faculty fellowship does not require any mentorship as
contended by the petitioner. Ext.R6(i) order of appointment dated 11.12.2018
as a DST INSPIRE faculty fellow would show that the 5th respondent was not
the Director when the appointment was made. It is contended that the 6th
respondent was called for the interview only because his publications and the
PhD Degree awarded to him was found to be credible by the selection
committee. The 5th respondent has no role in the selection of the 6th
respondent for the post of Assistant Professor. It is further stated that
though the 6th respondent is not having NET qualification, a candidate with a
PhD degree with AIU equivalence certificate is exempted from the said
prescription. The Association of Indian Universities is the only body in India
recognised to grant equivalence certificates awarded by foreign Universities.
As the International School of Photonics comes under the faculty of
Technology, AICTE Regulations are to be followed for the Recruitment for the
post of Assistant Professor. It is contended that the University of Nova Gorica
is a Private, Research Oriented University found in by two Slovene Research
Institutes and as the University falls under small and medium Universities,
such ranking do not appear in the world ranking. It is also stated that the 6th
respondent has significantly more post doctoral experience and exposure than
the petitioner.
11. The respondents 1 and 3 have filed two counter affidavits
controverting the contentions raised by the petitioner. They have stated that
going by the qualifications of the 6th respondent, he is eminently qualified to
hold the post of Assistant Professor notified as Sl. No.38 in Ext.P1 notification.
It is stated that there is no condition in the notification that only persons who
were having PhD in Photonics/Opto Electronics are eligible to make
applications. The fact that the 6th respondent has no NET/JRF qualification is
admitted. However, it is contended that NET has not been specified as an
essential qualification for the post of Assistant Professor Electronics (Open) in
the International School of Photonics. The International School of Photonics
comes under the faculty of Technology where the qualifications prescribed by
the All India Council for Technical Education (AICTE) are being followed.
Wherever, the qualifications prescribed by the AICTE are applicable, the
University prescribes qualifications to those posts as prescribed by the AICTE
and selection is conducted as per the criteria fixed in the AICTE Regulations.
The respondents 1 and 3 have denied that the 6th respondent was appointed
under the mentorship of the 5th respondent. It is stated that the 5th
respondent, in his capacity as the Director, International School of Photonics,
had to undertake the financial and administrative responsibilities of the
project and therefore, it cannot be said that the inclusion of the participation
of the 5th respondent as the member of the selection committee is flawed.
The selection committee for the post was constituted as per the UGC
Regulations, 2018 which is identical to the conditions prescribed in the AICTE
Regulations, 2019. As per the above provisions, the 5th respondent in his
capacity as the Head of the Department was bound to be a member and
cannot be substituted. It is contended that the allegation that the 5th
respondent had granted exorbitant marks to the 6th respondent in the
interview is an incorrect statement. It is also stated that the selection
committee comprised of eminent academicians from reputed institutions such
as IITs and School of Physics, Hyderabad and they had given the marks based
on the performance of the candidates. The petitioner had also participated in
the interview and he was ranked second. It is stated that the University
Grants Commission has issued Ext.R1(h) public notice regarding equivalence
of foreign PhD degree with Indian PhD degree as provided in the University
Grants Commission (Minimum Standards and Procedure for Award of
MPhil/PhD) Regulations, 2018. As per the public notice, it has been informed
that any foreign PhD degree which is held equivalent by AIU by following its
own procedure may also be treated valid for exemption from NET for
appointment as Assistant Professor in Indian Universities and Colleges. The
Universities were permitted to use the above provision for determining the
validity of foreign PhD degrees for exemption from NET for appointment as
Assistant Professor in Indian Universities /Colleges. The 6th respondent
produced Ext.R1(i) PhD degree certificate from the University of Nova Gorica
and he has also produced Ext.R1(j) equivalence certificate issued from AIU.
Though the equivalency certificate produced by the 6th respondent is dated
30.5.2017, by the time selection was conducted, Ext.R1(h) had come into
force and in view of the above, there was nothing wrong in accepting the said
certificate. In view of the above, the 6th respondent is exempted from NET
qualification as per clause 3.3 of UGC Regulations, 2018. It is also stated
that pursuant to his inclusion in the rank list, the 6th respondent has been
appointed in the University and he joined duty on 1.3.2021.
12. I have heard Dr. George Abraham, the learned counsel appearing
for the petitioner, Sri. S.P.Aravindakshan Pillai, the learned counsel appearing
for the respondents 1 and 3 and Sri. S. Krishnaprasad, the learned counsel
appearing for the 6th respondent.
13. I have carefully considered the submissions and have gone
through the records.
14. The first and foremost contention of Dr. George Abraham is that
the 6th respondent is unqualified to even apply for the post of Assistant
Professor. The vehement assertion is that the petitioner does not have NET
qualification which is mandatory. Furthermore, his PhD is in Theoretical
Physics whereas the one which was called for was PhD in
Photonics/Optoelectronics. The 6th respondent was not entitled to get the 30
marks by reckoning his PhD as a valid qualification. It is also contended that
the University which awarded the PhD is an unknown University with no
credibility and only persons who have secured Degrees awarded by top 500
Universities as recognised by Ranking Institutions are entitled to seek
exemption from NET.
15. I find from Exhibit P1 that the appointment to the post of
Assistant Professor was to be made as per UGC/AICTE Regulations. The
minimum qualification prescribed is a Masters Degree with First Class or
Equivalent in Photonics/ Electronics/ Physics (with specialization in
Electronics)/ Opto Electronics & Laser Technology/Electronics &
Communication (Opto Electronics and Optical Communication). It is also
stated that a Ph.D in Photonics/Optoelectronics or related areas is a desirable
qualification. Nowhere in Exhibit P1 has it been stated that NET Qualification
is an essential criteria. I find from Exhibit R1(a) that the 6th respondent had
passed his MSc Physics with Specialisation in Applied Electronics.
16. The University has raised a contention that the International
School of Photonics comes under the Faculty of Technology where the
qualifications prescribed by the All India Council for Technical Education
(AICTE) is being followed. I have gone through the Regulation dated 1.3.2019
issued by the AICTE on Pay Scales, Service Conditions and Minimum
Qualifications for the Appointment of Teachers and Other Academic Staff such
as Library, Physical Education and Training and Placement Personnel in
Technical Institutions and Measures for the Maintenance of Standards in
Technical Education - (Degree) Regulation, 2019. As per the Regulations,
there is no requirement for the candidate to have NET Qualification. I also
find that in Exhibit P1, the 1st respondent has not insisted that the aspirants
must be having NET as a qualification.
17. The petitioner has been granted exemption from having NET
qualification on the ground that he has acquired PhD from the Nova Gorica,
an University in Slovenia. As per Clause 3.3.(I) of the 3.3 1 of the UGC
Regulations, 2018 the National Eligibility Test (NET) or an accredited test
(State Level Eligibility Test SLET/SET) is the minimum eligibility for
appointment of Assistant Professor and equivalent positions. However, those
candidates who have been awarded a PhD Degree in accordance with the
University Grants Commission (Minimum Standards and Procedure for Award
of M.Phil./Ph.D. Degree) Regulation, 2009, or the University Grants
Commission (Minimum Standards and Procedure for Award of M.Phil/Ph.D.
Degree) Regulation,2016, and their subsequent amendments from time to
time, as the case may be, is exempted from the requirement of the minimum
eligibility condition of NET/SLET/SET for recruitment and appointment of
Assistant Professor or any equivalent position in any University, College or
Institution. It needs mention at this juncture that the UGC Regulation 2009
and 2016 applies only to Universities established or incorporated by or under
a Central Act, Provincial Act or a State Act, or an Institution recognized by
the Commission in consultation with the University concerned and an
Institution deemed to be a University under Section 3 of the said Act. In the
UGC (Minimum Standards and Procedure for Awards of M.Phil /PhD Degree)
Regulation 2016, clause 12 deals with Award of M.Phil /PhD Degree prior to
Notification of the Regulations, or Degrees awarded by Foreign Universities.
It reads as follows:
12. Award of M.Phil./Ph.D. degrees prior to Notification of these
Regulations, or degrees awarded by foreign Universities:
12.1 Award of degrees to candidates registered for the M
Phil./Ph.D. programme on or after July 11. 2009 till the date of
Notification of these Regulations shall be governed by the
provisions of the UGC (Minimum Standards and procedure for
Awards of M Phil/Ph. D Degree Regulation, 2009
12.2 If the M.Phil/PhD degree is awarded by a Foreign
University, the Indian Institution considering such a degree shall
refer the issue to a Standing Committee constituted by the
concerned institution for the purpose of determining the
equivalence of the degree awarded by the foreign University.
18. I also find that the UGC has issued a Public Notice regarding
equivalence of foreign Ph.D. degree with Indian Ph.D. degree as provided in
the University Grants Commission (Minimum Standards and Procedure for
Award of M.Phil./Ph.D.) Regulations, 2016. It would be apposite to extract the
notification for convenience and easy reference.
F.No. 1 -1 12012 (SO)/PS/Misc June 8,2018
PUBLIC NOTICE
Sub.: Regarding equivalence of foreign Ph.D. degree with
Indian Ph.D. degree as provided in the University Grants
Commission (Minimum Standards and Procedure for Award of
M.Phil./Ph.D.) Regulations, 2016.
The clause 12.0 of University Grants Commission (Minimum
Standards and Procedure for Award of M.Phil./Ph.D.) Regulations, 2016
notified in the Gazette of India on Sth May 2016 states that "if the
M.Phil/Ph.D. degree is awarded by a Foreign University, the lndian
constitution considering such a degree shall refer the issue to a
Standing Committee constituted by the concerned institution for the
purpose of determining the equivalence of the degree awarded by the
foreign University".
UGC has been receiving queries from various stakeholders
seeking clarification on procedure of equivalence of Ph.D. degree from
foreign Universities to the Ph.D. degree of an Indian University for
appointment as Assistant Professor in Indian Universities/Colleges. The
UGC in its meeting held on 20th March, 2018 considered the issue and
decided as follows:-
"Any foreign Ph.D. Degree which is held equivalent by AIU by
following its own procedure may also be treated valid for exemption
from NET for appointment as Assistant Professor in Indian Universities
and Colleges.
It is, therefore, clarified that the Universities can use the above
provision also for determining the validity of foreign Ph.D. degrees for
exemption from NET for appointment as Assistant Professor in Indian
Universities/Colleges.
In other words, the UGC has clarified that any foreign PhD Degree which is
held equivalent by AIU by following its own procedure may also be treated valid for
exemption from NET for appointment as Assistant Professor in lndian Universities
and Colleges.
19. Insofar as the petitioner is concerned, the Association of Indian
Universities as early as on 30.05.2017 has issued an equivalence certificate
certifying that the 6th respondent has obtained Doctor of Science Degree in
Physics - Ab - Initio Calculations on the modulation of Electronic Band Gap of
Photocatalytic Semi Conductors from University of Nova Gorica, an accredited
University in Slovenia and that the said qualification is equated with the
Doctor of Philosophy Degree in the corresponding field of an Indian
University. In view of the said certificate, the petitioner is entitled to
exemption from possessing NET qualification as per clause 3.3 of the UGC
Regulation 2018.
20. The respondent has raised a contention that the post of Assistant
Professor in the Department of Photonics in the Cochin University would come
within the ambit of a "Science" Discipline and hence, University Grants
Commission (Minimum Qualifications for Appointment of Teachers and other
Academic Staff in Universities and Colleges and other Measures for the
Maintenance of Standards in Higher Education) Regulations, 2018 would
apply. If one were to go by UGC Regulations, 2018, to claim exemption from
having NET qualification, the candidate was required to have PhD obtained
from a Foreign University/Institution with a ranking among top 500 in the
World University Ranking (at any time) by any one of the following:
(i) Quacquarelli Symonds (QS), (ii) the Times Higher Education (THE) or (iii)
the Academic Ranking of World Universities (ARWU) of the Shanghai Jiao
Tong University (Shanghai). Much argument was advanced by Dr.George
Abraham to bring home the point that University of Nova Gorica has not been
included among the ranked colleges.
21. The above contention with regard to the applicability of the UGC
Regulations is countered by the respondents by contending that the
International School of Photonics comes under the faculty of Technology and
it is the qualifications prescribed by the AICTE that is applicable. They would
contend that since the AICTE has not insisted NET to be an essential
qualification going by AICTE Regulation, 2019, and as such a requirement
was not made mandatory in Exhibit P1, the contention raised by the petitioner
has no legs to stand. Having considered the rival contentions, I am inclined to
accept the contention advanced by the respondents. Even going by the case
of the petitioner, the International School of Photonics conducts two
programs, viz., Integrated 5 Year MSc Course in Photonics and a Master's
Degree Technology (M.Tech) in Opto Electronics and Laser Technology. Much
of the papers and lab subjects include Electronic Subjects. In that view of the
matter, there is considerable merit in the assertion by the respondents that
AICTE Regulations would apply for recruitment to the post of Assistant
Professor. As is borne out from Exhibit R1(f) notification issued by the
University inviting applications to the post of Assistant Professor in the
Department of Mathematics, the requirement of the candidate having NET as
a qualification is clearly mentioned therein, whereas in Exhibit P1, no such
requirement is made mention of. This is for the reason that for Exhibit R1(f),
UGC Regulations apply and for Exhibit P1, AICTE regulations hold the field.
22. The next contention advanced by Sri.George Abraham pertains to
the inclusion of the 5th respondent in the screening Committee constituted as
per the University Regulations for screening the applications. It is the
assertion of the learned counsel that the 5th respondent is the mentor of the
6th respondent as during the relevant time, the candidate was working in the
University as an INSPIRE faculty. The Regulations of the University which is in
consonance with the UGC regulations and the AICTE Regulations require the
Head of the Department to be a part of the selection Committee. As is evident
from Exhibit P11, the 6th respondent was working in the International School
of Photonics as DST INSPIRE Faculty. There is nothing before this Court to
show that the 5th respondent was the mentor of the 6th respondent.
Moreover, as is evident from Exhibit R6(i), the 6th respondent is himself the
principal investigator of the project and the Director, International School of
Photonics has only the Administrative and Financial Power. Furthermore, I find
that the Selection Committee comprised of subject experts from reputed
institutions like the IIT, Delhi and Madras, School of Physics, University of
Hyderabad etc. It is undisputed that they are men of high status and of
unquestioned impartiality. In view of the above, I do not think that the
presence of the 5th respondent in the screening Committee resulted in any
bias in favour of the 6th respondent. The fact that the petitioner came a close
second is yet another reason to conclude that there was proper consideration
and that he was treated in a fair manner.
23. In M.V. Thimmaiah and Ors. v. Union Public Service
Commission and Others [(2008) 2 SCC 119], the Hon'ble Supreme Court,
relying on the entire precedents of the subjects, had observed that the
function of the selection committee is neither judicial nor adjudicatory but it is
purely administrative. Where selection has been made by the assessment of
relative merits of rival candidates determined in the course of the interview of
candidates possessing the required eligibility and there is no rule or regulation
brought to the notice of the court requiring the selection committee to record
reasons, the selection committee is under no legal obligation to record
reasons in support of his decisions of selecting one candidate in preference to
another. It was held that the recommendation of the selection committee
cannot be challenged except on the ground of malafides or serious violation
of the statutory rules. The courts also cannot sit as appellate authority to
examine the recommendations of the selection committee like the court has
appeal. This discretion has been given to the selection committee only and
courts rarely sit as a court of appeal to examine the selection of the
candidates nor is the business of the court to examine each candidate and
record its opinion.
24. In National Institute of Mental Health and Neuro Sciences
v. Dr.K. Kalyana Raman and Ors. [AIR 1992 SC 1806], the Apex Court had
held that when the selection committee consists of experts in the subject of
selection, the courts should be slow to interfere with their opinion.
Having considered the matter in all its perspectives, I find no reason to
grant the prayer sought for in this writ petition. This writ petition will stand
dismissed. No orders as to costs.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
PS/25/4/2022
APPENDIX OF WP(C) 5635/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION ISSUED BY THE
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY DATED
22.10.2019
EXHIBIT P2 TRUE COPY OF THE DEGREE CERTIFICATE IN B.SC
(ELECTRONICS) FROM MAHATMA GANDHI UNIVERSITY IN
JUNE 2004
EXHIBIT P3 TRUE COPY OF THE DEGREE CERTIFICATE IN M.SC
DEGREE IN ELECTRONICS FROM MAHATMA GANDHI
UNIVERSITY IN MAY 2006
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF NATIONAL
ELIGIBILITY TEST FOR LECTURESHIP ISSUED BY THE
UNIVERSITY GRANTS COMMISSION
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE FOR JRF EXAMINATION
CONDUCTED BY THE UNIVERSITY GRANTS COMMISSION
EXHIBIT P6 TRUE COPY OF THE DEGREE OF DOCTOR OF PHILOSOPHY
CERTIFICATE ISSUED BY THE COCHIN UNIVERSITY OF
SCIENCE AND TECHNOLOGY
EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER
EXHIBIT P8 TRUE COPY OF THE APPLICATION NAMELY PART B
EXHIBIT P9 TRUE COPY OF THE CURRICULUM AND SYLLABUS OF M.SC
COURSE IN PHOTONICS
EXHIBIT P10 TRUE COPY OF THE COURSE STRUCTURE AND SYLLABUS OF
M.TECH
EXHIBIT P11 TRUE COPY OF THE ORDER ISSUED BY THE MINISTRY OF
SCIENCE AND TECHNOLOGY APPOINTING THE 6TH
RESPONDENT AS AN INSPIRE FACULTY DATED 24.07.2018
EXHIBIT P12 TRUE COPY OF THE BIO-DATA SUBMITTED BY THE 6TH
RESPONDENT FOR GETTING APPOINTMENT AS INSPIRE
FACULTY
EXHIBIT P13 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST
RESPONDENT UNIVERSITY DATED 27.01.2021
EXHIBIT P14 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
SECRETARY DATED 23.09.2020
EXHIBIT P15 TRUE COPY OF THE PETITION SUBMITTED UNDER THE
RIGHT TO INFORMATION ACT DATED 01.12.2020
EXHIBIT P16 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST
RESPONDENT DATED 12.12.20201
EXHIBIT P17 TRUE COPY OF THE NOTIFICATION DATED 26.02.2021
EXHIBIT P18 TRUE COPY OF THE EQUIVALENCY CERTIFICATE DATED
30.05.2017 ISSUED BY THE ASSOCIATION OF INDIAN
UNIVERSITIES
RESPONDENT EXHIBITS
Exhibit R6(a) A TRUE COPY OF THE RESULT SHEET IN M.SC PHYSICS
(SPECIALIZATION IN APPLIED ELECTRONICS) IN THE
MONTH OF MAY 2008.
Exhibit R6(b) A TRUE COPY OF THE CERTIFICATE OF MATRICULATION
DATED 21-10-2008.
Exhibit R6(c) A TRUE COPY OF PRINTOUT OF THE RELEVANT PAGES OF
PROGRAMME DESCRIPTION OF PHYSICS (THIRD LEVEL)
GRADUATE PROGRAMME DOWNLOADED FROM UNIVERSITY
WEBSITE WHICH IS UNDATED.
Exhibit R6(d) A TRUE COPY OF THE PH D CERTIFICATE GRANTED BY
THE UNIVERSITY OF NOVA GORCIA TO THE 6TH
RESPONDENT DATED 28-11-2012.
Exhibit R6(e) A TRUE COPY OF THE DIPLOMA SUPPLEMENT DATED
28-11-2012 OF THE 6TH RESPONDENT.
Exhibit R6(f) A TRUE COPY OF THE PHOTOGRAPHS OF THE GRADUATION
CEREMONY WHICH IS UNDATED.
Exhibit R6(g) A TRUE COPY OF THE INSPIRE FELLOWSHIP PROGRAM
DETAILS DOWNLOADED FROM THE WEBSITE OF DST
INSPIRE PROGRAMME UNDATED.
Exhibit R6(h) A TRUE COPY OF THE 'INSPIRE FACULTY UNDERTAKING
FOR IMPLEMENTATION BY THE CANDIDATE DATED 19-0
-2018.
Exhibit R6(i) A TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH
RESPONDENT DATED 11-12-2018.
Exhibit R6(j) A TRUE COPY OF THE PRINTOUT OF THE OBJECTIVES
FROM THE WEBSITE OF ASSOCIATION OF INDIAN
UNIVERSITIES (AIU) WHICH IS UNDATED.
Exhibit R1(a) A TRUE COPY OF THE CONSOLIDATED MARK LIST OF MSC
PHYSICS (SPECIALIZATION IN APPLIED ELECTRONICS)
Exhibit R1(b) TRUE COPY OF THE ORDER NO. PI B3/14520/2018 DATED
11.12.2018
Exhibit R1(c) TRUE COPY OF THE RELEVANT PAGES OF THE UGC
REGULATIONS, 2018
Exhibit R1(d) TRUE COPY OF THE UNIVERSITY ORDER NO.
CUSAT/AD(D).D2/1505/2020 DATED 06.07.2020
Exhibit R1(e) TRUE COPY OF THE RANK LIST DATED 13.01.2021 FOR
ASSISTANT PROFESSOR-PLANT
SCIENCE/BOTANY/BIOTECHNOLOGY(ETB)
Exhibit R1(f) TRUE COPY OF ONE SUCH NOTIFICATION ISSUED BY THE
UNIVERSITY FOR THE POST OF ASSISTANT PROFESSOR IN
THE DEPARTMENT OF MATHEMATICS
Exhibit R1(g) TRUE COPY OF THE UNIVERSITY GRANTS COMMISSION
(MINIMUM STANDARDS AND PROCEDURE FOR AWARD OF
M.PHIL/PHD DEGREES REGULATIONS, 2016
Exhibit R1(h) TRUE COPY OF THE PUBLIC NOTICE I NO.
1-1/2012(SO)/PS/MISC DATED 08.06.2018
Exhibit R1(i) TRUE COPY OF THE DEGREE CERTIFICATES OF PHD FROM
THE UNIVERSITY OF NOVA GORCIA, SLOVENIA CONFERRED
ON 28.11.2012
Exhibit R1(j) TRUE COPY OF THE EQUIVALENCE CERTIFICATE DATED
30.05.2017 ISSUED BY THE ASSOCIATION OF INDIAN
UNIVERSITIES.
