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Dr.Ann Maria John vs Union Of India
2024 Latest Caselaw 9872 Ker

Citation : 2024 Latest Caselaw 9872 Ker
Judgement Date : 5 April, 2024

Kerala High Court

Dr.Ann Maria John vs Union Of India on 5 April, 2024

W.P(C) No. 21254/23                      1

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
          FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                              WP(C) NO. 21254 OF 2023
PETITIONER/S:

      1       DR.ANN MARIA JOHN
              AGED 34 YEARS
              W/O HARIKRISHNAN K R, KOYIKKAL HOUSE, MANNANCHERRY P.O.,
              ALAPPUZHA, PIN - 688538

      2       DR.ASWANI S MOHAN
              AGED 31 YEARS
              W/O JISHNU CHANDRAN, PANACHAL MELE PUTHEN VEEDU,
              CHEMPAZHANTHY P O, THIRUVANANTHAPURAM, PIN - 695587

      3       DR.DHANASURJITH D
              AGED 37 YEARS
              S/O K V DHANANJAYAN, VELICKAKATHVAYALAR P O., CHERTHALA,
              ALAPPUZHA, PIN - 688536

      4       DR. DIVYA P CHANDRAN
              AGED 33 YEARS
              W/O RAMESH.M.R, MULANGATTU HOUSE, CHENGAMANADU, ALUVA,
              ERNAKULAM, PIN - 683578

      5       DR. LEKSHMI S.
              AGED 39 YEARS
              D/O REGHU V., LEKSHMISADANAM, KEERTHINAGAR, VELLAYANI,
              NEMAM P.O., THIRUVANANTHAPURAM, PIN - 695020

      6       DR.NEENA K C
              AGED 33 YEARS
              D/O CHANDRAN K C, KUNNINMEL HOUSE, ARATTUPUZHA P O.,
              THRISSUR, PIN - 680562

      7       DR.NIDHEESH M.G
              AGED 37 YEARS
              S/O GOPI MC MANAKKADAN HOUSE, EAST KODALY, PO.,
              MURILKKUNGAL, THRISSUR, PIN - 680699
 W.P(C) No. 21254/23                 2

      8       DR.NISHA M U
              AGED 35 YEARS
              W/O BIBIN, B.S NIVAS, IRUMBIL, ARUVIPPURAM P.O,
              THIRUVANANTHAPURAM, PIN - 695126

      9       DR.SHAMLA C M.
              AGED 47 YEARS
              W/O MUHAMMEDSHAFEEK K A., KOCHATTUPARAMBIL HOUSE,
              PERINJANAM P.O., THRISSUR, PIN - 680686

     10       DR.SOORAJ R S
              AGED 31 YEARS
              S/O RAVEENDRANATH S., PUTHUMANA HOUSE, THEKKEMURY,
              CHAMPAKKULAM P.O., ALAPPUZHA, PIN - 688503

     11       DR.SREELEKSHMI K SUDHAKAR
              AGED 34 YEARS
              D/O K SUDHAKARAN, KAREEKKUNNEL HOUSE, KUZHIPPURAYIDAM,
              MANARCAD P.O., KOTTAYAM, PIN - 686019

     12       SUMITHA R T
              AGED 43 YEARS
              W/O VINOD KUMAR KATTUMUNDA,KATTUMUNDAKKAL HOUSE, A R
              NAGAR P.O., MALAPPURAM, PIN - 676305

     13       DR.SUTHASHI R
              AGED 45 YEARS
              W/O JYOTHILAL T G., INDEEVARAM, MANICKAMANGALAM P.O.,
              KALADY, ERNAKULAM, PIN - 683574

              BY ADVS.
              THOMAS ABRAHAM
              PAUL BABY
              MERCIAMMA MATHEW
              ASWIN.P.JOHN
              R.ANANTHAPADMANABAN


RESPONDENT/S:

      1       UNION OF INDIA
              REPRESENTED BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCE
              DEVELOPMENT, GOVERNMENT OF INDIA, NEW DELHI, PIN - 110066
 W.P(C) No. 21254/23                 3

      2       STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION
              DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001

      3       UNIVERSITY GRANTS COMMISSION
              BAHADUR SHAH SAFAR MARG, NEW DELHI REPRESENTED BY ITS
              CHAIRMAN, PIN - 110002

      4       DIRECTOR OF COLLEGIATE EDUCATION
              DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS
              BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033

      5       THE KERALA PUBLIC SERVICE COMMISSION
              REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC
              SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN -
              695004

      6       CENTRAL SANSKRIT UNIVERSITY
              REPRESENTED BY ITS REGISTRAR, 56-57, INSTITUTIONAL AREA,
              JANAKPURI, NEW DELHI, PIN - 110058

      7       UNIVERSITY OF CALICUT
              REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS,
              THENJIPPALAM, MALAPPURAM, PIN - 673676

      8       SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
              REPRESENTED BY ITS REGISTRAR, THALAYATTUMPILLI, KALADY,
              ERNAKULAM, PIN - 683574

      9       VIJAYALAKSHMI C.G
              W/O SANISH T.B. THEKKEVEEDU (H), CHOTTANIKKARA P.O,
              EMAKULAM-682312

     10       SUDEV KRISHNA SHARMAN G
              S/O. P.GOPALAKRISHNAN NAMBOOTHIRI. PARAPPURATH ILLAM,
              NADUVATHU P.O WANDOOR-679325, MALAPPURAM DISTRICT

     11       VRINDA P.M
              D/O.VASUDEV V, VALLIYIL (H), PATHIRIKKODE, CHATHAKKAD
              ROAD, ELANKUR P.O. MALAPPURAM

     12       LAKSHMY V
              D/O-ASOKAN P, VAYYATTU VEEDU, SOUTH VILLAGE, PERINKULAM
              P.O, ALATHUR, PALAKKAD-678542
 W.P(C) No. 21254/23                 4

     13       DR.NIKITHA M
              W/O.PRAJEED K MAMPALLAM (H) MUTHALAMADA P.O, PALAKKAD

     14       DR.SABNA T.THAJ
              D/O.M.THAJUDEEN, KULIRMA, PERUVARAMBU, KAKKODI,
              ARUVIKKARA P.O. THIRUVANANTHAPURAM

     15       REENA M.S
              D/O.MASOOD A, RAJIMANZIL, CHULLALAM, KOONANVENGA P.O.
              NEDUMANGADU, THIRUVANANTHAPURAM

     16       DR.SHANIFA BEEVI N
              D/O MAIDEENADIMA, ALUNINAVILA, HOUSE NO.453, VIZHINJAM
              P.O. THIRUVANANTHAPURAM

     17       REKHA P.H
              W/O SHYJU PC, PUNNAKKALTHODI HOUSE, POOTHANOOR POST,
              MUNDUR VIA PALAKKAD

     18       SREEDIVYA T.P
              W/O. PRAVEEN K, SREEVIHAR, KADAMPAZHIPURAM P.O. PALAKKAD

     19       JAYASANKAR G
              S/0. G. GOPINATHAN HAIR, MELEPUTHENVEEDU, PURAVOORKONAM,
              KARAKULAM P.O, THIRUVANANTHAPURAM.

     20       REMYA K.P
              D/O. RAVEENDRAN K.P., KIZHAKKEPALOLIKANDI, RAVEENDRAM,
              MENAPRAM, CHOKLI P.O, KANNUR

     21       ARYALAKSHMI K.A * REMOVED
              D/O. ASOKAN K.K, KALARIKKAL HOUSE, VELLANI P.0, THRISSUR

     22       RESHMA N.S
              W/O. DEEPESH, THRIPPEKULATH HOUSE, PUTHENCHIRA P.O,
              THRISSUR DISTRICT

     23       SHAIJU O.K
              S/O. KANARAN O.K, CHAITANYA, PARLIKKAD P. O,
              WADAKKANCHARY, THRISSUR, PIN- 680 623

     24       ASHA S. UNNI *REMOVED
              D/O. K.M. SASEENDRAN UNNI, SAI PRANAAM, BANK EMPLOYEES
              COLONY, MANALI, PALAKKAD

     25       SAJITHA. A
 W.P(C) No. 21254/23                 5

              D/O. NARAYANANKUTTY P.S, IDUKATTIL HOUSE, THIPPALLOOR,
              ERUMAPETTY P.O, THRISSUR.

     26       THANOOJA P V
              D/O P.P SUKUMARAN, ANANDOTH HOUSE, KALLAD P O, IRIKKUR,
              KANNUR.

     27       SREELAKSHMY V S *REMOVED
              D/O. R. SREEKUMAR, SREVALSAM HOUSE, PUNNAMADA,
              AVALOOKUNNU P O, ALAPUZHA.

     28       NISHA R
              D/O RADHAKRISHNAN P.K, PULIKKAL HOUSE, KUTHANUR P O,
              KOTHAMANGALAM, PALAKKAD DISTRICT, PIN 678 721.

     29       JISHA A *REMOVED
              D/O ARAVINDAKSHAN V, 8/221, DURGAGOSHTAM GRAMAM,
              CHITTOOR, PALAKKAD DISTRICT

     30       ANANDARAJ G
              S/O. V.R. GOPALAKRISHNAN NAIR, CHERIYIL HOUSE, PENNUKARA
              P O, CHENGANOOR.

     31       RAMISHA K
              D/O REMESHAN K, REMI NIVAS, NEAR ANDALLOOR BRIDGE P O,
              PINARAI, THALASSERY, KANNUR DISTRICT

     32       NISHA V N * REMOVED
              D/O VASUDEVAN, NELLIVILA HOUSE, PAYYANEDAM P O,
              MANNARKKAD, PALAKKAD

     33       HAREESH K P *REMOVED
              S/O. KRISHNAN NAIR V P, KULAPPURAKKAL HOUSE, MELUR P O,
              PANAMANA, OTTAPALAM, PALAKKAD.

     34       MANJUSHA T V
              W/O RINS K, SALIGRAM HOUSE, KOZHAKKOTTUR, AREACODE P O,
              MALAPURAM DISTRICT.

     35       DR. SAJEESH C S * REMOVED
              S/O SUBRAN C.C, CHULLIPARAMBIL HOUSE, VELUPADAM P O,
              THRISSUR - 680 303
              ADDL.R9 TO R35 ARE IMPLEADED AS PER ORDER DATED 20/7/23
              IN IA 1/23
 W.P(C) No. 21254/23                 6

              * THE RESPONDENTS 21, 24, 27, 29, 32, 33 AND 35 ARE
              REMOVED FROM PARTY ARRAY AS PER ORDER DATED 22.11.2023 IN
              I.A.3/2023.

              BY ADVS.
              N.J.ASHWIN
              S. Krishnamoorthy S
              PAUL BABY
              VARUN C.VIJAY
              DIVYA CHANDRAN


OTHER PRESENT:

              K.G. SAROJINI GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
6.3.2024, THE COURT ON 05.04.2024 DELIVERED THE FOLLOWING:
 W.P(C) No. 21254/23                                   7


                                MOHAMMED NIAS C.P., J
                       ............................................................
                                 W.P(C) No.21254 of 2023
                         .............................................................
                          Dated this the 5th day of April, 2024


                                             JUDGMENT

This writ petition is filed by Post Graduates in Sanskrit challenging Ext.P2

order dated 3.3.2015 issued by the University of Calicut treating M.A.

(Sanskrit Language) and Literature (General) as equivalent to M.A.(Sanskrit)

Sahitya Special. The petitioners submit that the Sanskrit General) candidates

only have a peripheral understanding of the specialisation as a part of their

course content. In contrast, in-depth knowledge in the respective

specialisations is gained by the students of the Sanskrit (Sahithya) and other

branches and this will be clear from the syllabi prescribed by the

M.G.University, University of Kerala, Sree Sankaracharya University of

Sanskrit etc, which will clearly show the difference in the academic

curriculum between Sanskrit General and Sanskrit special subjects. They

argue that the UGC treats both of them separately by giving different codes

for the respective NET and the UGC regulations regarding the qualifications

are to be treated as supreme and not liable to be watered down going by the

Full Bench judgment of this Court in Dr Radhakrishna Pillai v. The

Travancore Devaswom Board [2016 (2) KLT 245].

2. The petitioners also argue that the Sanskrit General courses, both at the

undergraduate level as well as the post-graduate levels, are taught not only in

Government Colleges but also in colleges affiliated with the various

Universities in the State and therefore, they have ample job opportunities at

both graduate and post-graduate levels. In contrast, those with a qualification

in Sanskrit Special subjects get their opportunity only in government colleges

and in the teaching departments of various Universities. A 'Vision and Road

Map' prepared by the Ministry of Human Resource Development of the

Government of India as regards the development of Sanskrit, produced as

Ext.P3 also shows the importance of the development of Sanskrit on a 10-year

perspective plan including that the teaching of Sanskrit through Sanskrit will

have to be meaningful, with an in-depth understanding of Sastras that

includes the subject Sahitya. Ext.P4 official press release of the Government of

India also speaks on nurturing, protection, propagation, preservation and

development of Sanskrit language, literature and rare shastras taught in

Sanskrit Special courses. Without understanding the above, now the

petitioners face a situation where owing to the lack of proper academic

perspective, an attempt is made to give parity to Sanskrit General candidates

at par with Sanskrit Sahitya which entitles them to compete with candidates

who have acquired postgraduate qualifications in Sanskrit Sahitya, which is

not permissible for the Sanskrit General candidates.

3. The Public Service Commission in the Notification dated 11/12/2019,

Ext.P5, while inviting applications for the appointment to the post of Assistant

Professor in Sanskrit (Sahitya) has specified that the requirement is only

recognition of a course by any of the Universities in Kerala and taking

advantage of this position by the equivalency certificate granted by the Calicut

University, Exxt.P2, the general candidates applying for posts like Sanskrit

Sahitya and other special subjects. On noticing the mistake, the PSC issued

an erratum notification dated 21.4.2022 stating that whenever the

requirement is for a particular subject to be taught in Sanskrit, only

candidates with M.A. (Special) in the subject to be taught alone shall be

eligible for selection. This erratum notification, Ext.P6, was challenged before

the Kerala Administrative Tribunal by filing O.A.(Ekm). No.1378 of 2022 in

which the Tribunal set aside the erratum notification and directed that all the

applicants should be included, by Ext.P7 order dated 25.10.2022.

4. The Tribunal did not have to consider whether the National Eligibility

Test undergone by them is in fact in Sanskrit coming under the subject code

No.25 or whether it comes under the subject code No.73 as regards the

traditional subjects including Sanskrit Sahithya. The crucial difference in the

syllabi and mode of conduct of examinations etc. were not considered by the

Tribunal. Against Ext.P7 judgment, the Public Service Commission had filed

O.P. (KAT) No.38 of 2023 which was dismissed affirming Ext.P7 by judgment

dated 08.02.2023 marked as Ext.P8. After that, the Public Service

Commission issued a shortlist containing the register numbers of the

candidates who were found provisionally eligible to be called for the interview

as per Ext.P9. It is submitted that as against Ext.P9 shortlist O.A. No.687 of

2023 was preferred and the same is pending. For the aforesaid reasons, the

petitioners prayed for the quashing of Ext. P2 equivalence certificate issued by

the Calicut University and for direction commanding the 1st respondent to

take all diligent steps to ensure that no appointment of teachers in Sanskrit

Sahitya and Sanskrit Sastra Subjects takes place in colleges or Universities in

violation of the policy declared in Exhibit P3 and that the selection and

appointment shall only be in strict compliance of Clause 4.1.I. of the UGC

Regulations, 2018.

5. A counter affidavit has been filed on behalf of Respondent No.8, Sree

Sankaracharya University of Sanskrit, in which it is stated that the NET

qualifications are considered subject-wise and that the subject codes are

different for Sanskrit and Sanskrit Traditional subjects. It is also pointed out

that the NET Eligibility UGC Regulations, 2018 have to be considered in two

separate and independent criteria to be followed as per the academic

framework suitable for individual institutions.

6. A counter affidavit has been filed on behalf of the 7th respondent,

University of Calicut stating that the nomenclature of the programme and the

duration is more or less the same and that the feasibility of issuance of

equivalence certificate was considered and it was thereafter that Ext.P2 order

was passed. However, it specifies that UGC treats Sanskrit General and

Sahitya Special as distinct for NET and JRF tests and the PG degrees under

these two heads cannot be treated as equivalent. It is further stated that

granting of Equivalency for programmes for higher studies or employment or

both is vested with the Academic Bodies of the University for which they may

analyse the syllabus contents of the Programme. The Meeting of the Board of

Studies held on 5.7.2013 resolved to equate the MA Sanskrit Language and

Literature (General) and MA Sanskrit Sahitya Special Courses of the

University mutually for employment purposes by taking into account certain

factors.

7. Respondents 9 to 35 were impleaded as additional respondents as they

are likely to be affected by the outcome of the writ petition. They stated that

based on the equivalency certificate issued by one of the Universities in

Kerala, they may be treated as qualified. They also contended that the writ

petition is not maintainable and all the petitioners had applied for the post

notified under Ext.P5. It is also stated that the remedy is to approach the

Administrative Tribunal challenging the revised shortlist or by filing a review

on Ext.P7 order or P8 judgment of this Court and a fresh writ petition is not

maintainable. It is also submitted that the candidates availed the benefit of

Ext.P2 order which permitted them also to apply for the post in question and,

therefore, for this Court under Article 226 will not delve into such academic

matters as to the correctness of the Equivalency certificate thus granted by

the University taking into account the relevant features.

8. A counter affidavit has been filed on behalf of the Government which

essentially relies on Exts.P7 and P8 judgments that quashed the erratum

notification. It also places reliance on Ext.P2 order passed by the University

of Calicut granting equivalency apart from relying on its order dated

6.8.1994.

9. A statement has been filed on behalf of the 3rd respondent UGC which

states as follows:-

"3. It is submitted that the above Writ Petition is filed challenging Exhibit P2,

wherein the 7th respondent had accorded sanction for implementing the decision

of the Academic Council to the effect that MA Sanskrit Language and Literature

(General) and MA Sanskrit Sahitya Special Courses of Calicut University are

treated as equivalent mutually for the employment purposes, and for allied reliefs.

4. It is submitted that the UGC-NET is conducted in both "Sanskrit" (Subject

Code 25) and "Sanskrit Traditional Subjects" (Including Jyotisha/Sidhanta

Jyotisha/ Navya Vyakarna/ Vyakarna/ Mimamsa/ Navya Nyaya/ Sankhya Yoga/

Tulanatmaka Darsana / Shukla Yajurveda/ Madhva Vedanta/ Dharma Sastra/

Sahitya/ Purana-itihasa/ Agama/ Advaita Vedanta) (Subject code 73). The Syllabi

of UGC NET for Sanskrit and Sanskrit Traditional subjects are different.

As is evident from the nomenclature of Sanskrit Traditional Subjects, it

entails study of several specialized subjects. True copy of the syllabus of the

subject " Sanskrit" (Subject Code 25) published by the UGC NET Bureau is

produced herewith and marked as Annexure R3(a). The syllabus of the subject

"Sanskrit Traditional Subjects" (Subject Code 73) published by the UGC NET

Bureau is in Sanskrit and is a different syllabus comparing to Annexure R3(a).

5. It is submitted that both "Sanskrit" and "Sanskrit Traditional Subjects"

conducted as separate subjects since they have different syllabi and course

contents. Separate NET certificates are issued for subject codes 25 and 73,

depending upon which subject the candidate applied for and qualified.

6. It is submitted that the NET Bureau, University Grants Commission does not

prescribe suitability of any discipline for a particular teaching position. However,

suitability of a candidate for any teaching position lies within the jurisdiction of

the concerned appointing authority only, according to the norms."

10. Heard Sri. Thomas Abraham, the learned counsel for the petitioners,

Sri. P.C. Sasidharan, the learned counsel for the Calicut University, Sri. Varun

C. Vijay, the learned counsel appearing for the respondents 9 to 8, Sri. S.

Krishnamoorthy, the learned counsel for the UGC, Sri. Dinesh Mathew

Muricken, the learned Standing Counsel for Sree Sankaracharya University

for Sanskrit and Sri. P.G. Sarojini, the learned Government Pleader.

11. After hearing all the learned counsel, one aspect to which none of the

counsel objects is that the qualification for the appointment of the teachers

and other academic staff in the Universities and colleges has to be in terms of

the University Grants Commission notification dated 18.7.2018 as per which

the qualification for selection to the post of Assistant Professor is as follows:-

"4.1.i A Master's degree with 55% marks (or an equivalent grade in a point-scale

wherever the grading system is followed) in a concerned/relevant/allied subject

from an Indian University, or an equivalent degree from an accredited foreign

university.

Applications are invited Online only through ONE TiMe Registration

from qualified candidates for appointment in the under mentioned post

in Kerala Government Service.

1. Department : Collegiate Education

2. Name of Post : Assistant Professor in Sanskrit (Sahitya)

3. Scale of Pay : UGC Scale

4. Number of vacancies : 2(two)

Note:- ........

5. Method of appointment : Direct recruitment

6. Age limit :-------

7. Qualifications: 1. Masters Degree in the concerned subject with at least 55% marks or its equivalent and good academic record.

2. Must have passed a Comprehensive Test in the concerned subject specifically conducted for the purpose by UGC or any agency duly constituted bythe state government in this behalf. When qualifications are being equal, preference shall be given to those candidates who possess adequate knowledge in Malayalam. Note : i) -------

ii) Candidates who have obtained Ph. D Degree in the concerned subject are exempted from passing the NET examination (GO(P) No.86/07/H.Edn dtd. 19.6.207)

iii) --------

iv) ------

v) Candidates who claim equivalent qualification instead of qualification mentioned in the notification shall produce relevant Government Order to prove the equivalency at the time of verification, then only such qualification shall be treated as equivalent to the prescribed qualification concerned.

vi)......"

12. The affidavit filed on behalf of the UGC, extracted above, also clearly

indicates from the extracted portion that as far as Sahitya General and Sahitya

Sastra are concerned, they are treated as two different subjects for the

purpose of NET and the UGC conducts separate tests under separate coding

for both the subjects. In that context, it has to be stated that the equivalency

now granted by Calicut University as per Ext.P2, treating both of them as the

same cannot be accepted in the face of UGC Regulations as well as the

affidavit filed. If both these subjects are different under different groups and

the possession of NET in the subject concerned is mandatory for those

candidates with no Ph.D., there cannot be any selection, dehors the UGC

Regulations 2018. Since the selection process is underway and it pertains to

recruitment to any civil service of the State or a civil post under the State,

going by Section 15 of the Administration Tribunals Act, this Court will not be

justified in probing further into the validity of the select list or even the

qualifications fixed. However, a challenge to Ext.P2 can certainly be

entertained by this Court, insofar as it is against the UGC Regulations, 2018.

Ext.P2 order of the Calicut University is obviously without considering the

relevant materials such as Ext.P1 list of the NET subjects prepared by the

UGC, Ext.P3 Vision and Routemap for Sanskrit prepared by the Ministry of

Human Resources Development, Ext.P4 official press release of the

Government of India, the views of Sree Sankaracharya University of Sanskrit,

Kalady as seen from Ext.R18, the stand of the respondents in Ext.P2 judgment,

Ext.P13 order of the Kerala University, Ext.P14 Government Order dated

6.8.1994, Ext.P16(a) issued by the Principal of the Government Sanskrit

College, Thiruvananthapuram, the views of the PSC as is seen from the

information given under the Right to Information Act dated 25.2.2022, the

qualifications fixed by the UGC for the post in question, the stand of the UGC,

as is seen from the affidavit filed before this Court. None of these factors have

been considered are seen reckoned while taking a decision as reflected in

Ext.P2. Apart from considering the validity of Ext.P2, this Court is not

considering anything more, going by Section 15 of the Administration

Tribunals Act, for which the petitioners have to take appropriate proceedings

elsewhere.

Under such circumstances, Ext.P2 is quashed. There will be a direction to

the University of Calicut or the competent body in the University to consider

the above issue taking due note of the observations made above with notice to

the petitioner and also to the contesting respondents or a representative

among them and to take a fresh decision within two months from the date of

receipt of a copy of the judgment.

The Writ Petition is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

okb/30-3-24

APPENDIX OF WP(C) 21254/2023

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE LIST OF NET SUBJECTS ALONG WITH THEIR RESPECTIVE SUBJECT CODES PUBLISHED IN THE WEBSITE OF THE UGC

EXHIBIT P2 THE TRUE COPY OF THE U.O. NO.2133/2015/ADMN DATED 3/3/2015 ISSUED BY THE UNIVERSITY OF CALICUT TREATING MA SANSKRIT LANGUAGE AND LITERATURE (GENERAL) AS EQUIVALENT TO MA SANSKRIT SAHITYA SPECIAL

EXHIBIT P3 THE TRUE COPY OF THE 'VISION AND ROAD MAP' FOR SANSKRIT PREPARED BY THE MINISTRY OF HUMAN RESOURCEDEVELOPMENT OF THE GOVERNMENT OF INDIA

EXHIBIT P4 AN OFFICIAL PRESS RELEASE OF THE GOVERNMENT OF INDIA WHICH DEPICTS THE AFORESAID ASPECTS

EXHIBIT P5 THE TRUE COPY OF THE NOTIFICATION DATED 11/12/2019 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION (HEREINAFTER REFERRED TO AS THE 'KPSC' FOR BREVITY) INVITING APPLICATIONS FOR APPOINTMENT TO THE POST OF ASSISTANT PROFESSOR IN SANSKRIT (SAHITYA)

EXHIBIT P6 THE TRUE COPY OF THE ERRATUM DATED 21/4/2022 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION

EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED 25/10/2022 IN O.A. (EKM). NO.1378 OF 2022

EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT DATED 8/2/2023 IN O.P. (KAT) NO.38 OF 2023

EXHIBIT P9 THE TRUE COPY OF THE NOTIFICATION DATED 4/5/2023 ISSUED BY THE KPSC

EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION DATED 15/6/2023 SUBMITTED BY THE PETITIONERS

RESPONDENT EXHIBITS

Exhibit R8(a) True copy of the instructions to applicants

for posts in teaching faculties of Sree Sankaracharya University of Sanskrit

PETITIONER EXHIBITS

Exhibit P11 ADDITIONAL INTERVIEW PROGRAMME I, FOR THE MONTH OF JANUARY 2024 PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION

RESPONDENT EXHIBITS

Exhibit R9(a) A true copy of the ranked list No.524/18/SSVI category No.133/2015, dated 18.07.2018 published by the Kerala Public Service Commission

Exhibit R9(b) A true copy of the ranked No.525/18/SSVI category No. 425/2017 dated 18.07.2018 for the post of Lecturer in Sanskrit (General) published by the Kerala Public Service Commission

Exhibit R9(c) A true copy of the ranked No.526/18/SSVI category No. 426/2017 dated 18.07.2018 for the post of Lecturer in Sanskrit (General) published by the Kerala Public Service Commission

Exhibit R9(d) A true copy of the ranked No.527/18/SSVI category No. 427/2017 dated 18.07.2018 for the post of Lecturer in Sanskrit (General) published by the Kerala Public Service Commission

Exhibit R9(e) A true copy of the ranked No.528/18/SSVI category No. 428/2017 dated 18.07.2018 for the post of Lecturer in Sanskrit (General) published by the Kerala Public Service Commission

PETITIONER EXHIBITS

EXHIBIT P12 THE TRUE COPY OF THE JUDGMENT DATED 06/02/2018 IN WP(C) NO.4059 OF 2018

EXHIBIT P13 THE TRUE COPY OF THE UNIVERSITY ORDER

NO.AC.A.II/2/015307/14/2018 DATED 20/04/2018

EXHIBIT P14 THE TRUE COPY OF THE GAZETTE NOTIFICATION OF G.O.(P)NO.114/94/H.EDN DATED 06/08/1994

EXHIBIT P15 THE TRUE COPY OF THE NOTIFICATION NO.GR2B3/16/2019-KPSC DATED 21/04/2022

EXHIBIT P16 THE TRUE COPY OF THE COMMUNICATION DATED 26/10/2022 OF THE COLLEGE EDUCATION DIRECTOR

EXHIBIT P16(a) THE TRUE COPY OF LETTER DATED 05/11/2022 SENT BY PRINCIPAL OF GOVERNMENT SANSKRIT COLLEGE, THIRUVANANTHAPURAM

EXHIBIT P16(b) THE TRUE COPY OF LETTER DATED 23/01/2023 SENT BY THE PRINCIPAL OF GOVERNMENT SANSKRIT COLLEGE, THRIPPUNITHURA

EXHIBIT P16(c) THE TRUE COPY OF LETTER DATED 20/01/2023 SENT BY HOD OF SANSKRIT GOVERNMENT SANSKRIT COLLEGE, PATTAMBI

EXHIBIT P17 THE TRUE COPY OF THE QUESTIONS DATED 04/02/2022 AND ANSWERS GIVEN TO THE SAME

EXHIBIT P18 THE TRUE COPY OF THE QUESTION DATED 26/04/2022 UNDER RTI AND THE REPLY THERETO

EXHIBIT P19 A COMPARATIVE TABULATED STATEMENT OF THE COURSE CONTENT OF BOTH MA SANSKRIT LANGUAGE AND LITERATURE (GENERAL) AND MA SANSKRIT SAHITYA COURSE OF CALICUT UNIVERSITY

EXHIBIT P20 THE TRUE COPY OF THE REPRESENTATION DATED 20/12/2017 SUBMITTED BY THE AFORESAID RESPONDENTS AND ALSO OTHER MA SANSKRIT (GENERAL) CANDIDATES

EXHIBIT P21 THE TRUE COPY OF THE REPRESENTATION DATED 30/07/2018

EXHIBIT P22 THE TRUE COPY OF THE ORDER GO(RT.) NO.1024/2023/HEDN DATED 06/07/2023

RESPONDENT EXHIBITS

Exhibit R4(a) True copy of the GO(P)No.114/94//H.Edn dated 06-08-1994

Exhibit R4(b) True copy of the relevant page of the UGC Regulation 2018

Exhibit R3(a) True copy of the syllabus of the subject "

Sanskrit" (Subject Code 25) published by the UGC NET Bureau

 
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