Kerala High Court
Dr. Jincy P.P vs The Kannur University on 30 January, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:6869
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 30TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946
WP(C) NO. 43934 OF 2023
PETITIONER:
DR. K.B BINDU
AGED 43 YEARS
D/O. K.S. BALAN, CURRENTLY WORKING AS ASSISTANT
PROFESSOR (ON CONTRACT), DEPARTMENT OF GEOGRAPHY,
KANNUR UNIVERSITY, SWAMY ANANDATHEERTHA CAMPUS,
KANNUR EDAT P.O., KANNUR DISTRICT, PIN - 670327
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
KAVYA VARMA M. M.
RESPONDENTS:
1 THE KANNUR UNIVERSITY
CIVIL STATION, THAVAKKARA P.O.,
KANNUR, PIN - 670001
2 THE SELECTION COMMITTEE FOR THE POST OF ASSISTANT
PROFESSOR, (GEOGRAPHY),
KANNUR UNIVERSITY, CIVIL STATION, THAVAKKARA P.O.,
KANNUR, REPRESENTED BY THE CHAIRMAN, PIN - 670001
3 PROFESSOR SACHIDANANDA SINHA
CENTER FOR THE STUDY OF REGIONAL DEVELOPMENT,
SCHOOL OF SOCIAL SCIENCE, JAWAHAR LAL NEHRU UNIVERSITY,
NEW DELHI, PIN - 110067
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* 4 DR. SUDEEP T.P
ASSISTANT PROFESSOR, DEPARTMENT OF GEOGRAPHY,
KANNUR UNIVERSITY, RESIDING AT THEKKAYIL
PARAMBATH HOUSE, PALAYAD NADA, VADAKARA,
KOZHIKKODE DISTRICT, PIN-673521.
(ADDRESS OF THE 4TH RESPONDENT IS SUBSTITUTED AS:
DR. SUDEEP T.P., CURRENTLY WORKING AS ASSISTANT
PROFESSOR, DEPARTMENT OF GEOGRAPHY, GOVERNMENT
COLLEGE, CHITTUR, CHITTUR COLLEGE P.O.,
AMBATTUPALAYAM, PALAKKAD-678104, RESIDING AT
THEKKAYIL PARAMBATH HOUSE, PALAYAD NADA,
VADAKARA, KOZHIKKODE DISTRICT - 673521, AS PER
ORDER DATED 08.01.2024 IN I.A.1/2024 IN
WP(C)43934/2023)
BY ADVS.
I.V. PRAMOD, SC
ARUNIMA.T.S.
N.N.SUGUNAPALAN (SR)
K.V.BHADRA KUMARI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 27.01.2025, ALONG WITH WP(C).792/2024, THE COURT ON
30.01.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 30TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946
WP(C) NO. 792 OF 2024
PETITIONER:
DR. JINCY P.P.
AGED 30 YEARS
D/O UNNI P.P.,
RESIDING AT PEEDAMPARAMMAL HOUSE,
ERAVANNUR P.O., NARIKKUNI (VIA),
KOZHIKODE- 673585;
CURRENTLY WORKING AS SENIOR RESEARCH FELLOW
(CONTRACT BASIS), DEPARTMENT OF GEOGRAPHY,
GOVERNMENT COLLEGE CHITTUR,
PALAKKAD, PIN - 678104
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)
KAVYA VARMA M. M.
RESPONDENTS:
1 THE KANNUR UNIVERSITY
CIVIL STATION, THAVAKKARA P.O.,
KANNUR - 670001,
REPRESENTED BY THE REGISTRAR, PIN - 670001
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2 THE SELECTION COMMITTEE FOR THE POST OF ASSISTANT
PROFESSOR
(GEOGRAPHY), KANNUR UNIVERSITY, CIVIL STATION,
THAVAKKARA P.O., KANNUR - 670001,
REPRESENTED BY THE CHAIRMAN, PIN - 670001
3 BALAKRISHNAN P
ASSISTANT PROFESSOR, DEPARTMENT OF GEOGRAPHY,
KANNUR UNIVERSITY, SAT CAMPUS, PAYYANNUR,
EDAT P.O., KANNUR DISTRICT, PIN - 670327
BY ADVS.
SUJIN S
I.V. PRAMOD, SC
KEERTHI M.(K/840/2019)
ARJUN RAJA P.C.(K/843/2019)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.01.2025, ALONG WITH WP(C).43934/2023, THE
COURT ON 30.01.2025 DELIVERED THE FOLLOWING:
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CR
N. NAGARESH, J.
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W.P.(C) No.43934 of 2023 and 792 of 2024
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Dated this the 30th day of January, 2025
JUDGMENT
~~~~~~~~~
Petitioners in both these writ petitions are applicants
for selection to the post of Assistant Professor (Geography) in
the 1st respondent-Kannur University. They seek to declare that
constitution of the Selection Committee, substitution of the
Chairman of the Selection Committee and all further actions
thereafter, are opposed to law and that the process of selection
is bad in law.
2. The 1st respondent-Kannur University issued Ext.P1
Notification inviting applications to fill up two posts of Assistant
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Professor (Geography), out of which one post is in the OC
Category and the other post is in the SC Category. In response
to Ext.P1 Notification dated 15.06.2022, the petitioner in W.P.
(C) No.43934/2023 applied for the said post in OC Category.
The petitioner in W.P.(C) No.792/2024 applied for in SC
Category.
3. Thereafter, on 29.07.2023, the University issued
Ext.P2 Notification dated 29.07.2023 for appointment to the
post of Assistant Professor (Project Mode Programmes) on
tenure basis for a period of five years. In Ext.P2, two posts of
Assistant Professor (Geography) were notified out of which one
post was in OC Category. The petitioner in W.P.(C)
No.43934/2023 gave applications in response to Ext.P2
Notification also.
4. The petitioners submit that a joint interview was
conducted for selection for appointment as Assistant Professor
on regular basis as well as selection for appointment on tenure
basis. The petitioners were called for interview which was
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scheduled to be held on 29.11.2023 and 30.11.2023. The
petitioners state that as per Clause 5.1 of the UGC Regulations,
2018, the Selection Committee for appointment to the post of
Assistant Professor consists of the Vice Chancellor or his
nominee having at least ten years of experience as Professor,
who will be the Chairman of the Committee, an academician
nominated by the visitor/Chancellor, three experts in the
subjects nominated by the Vice Chancellor, Dean of the faculty
concerned, Head/Chairperson of the Department/School
concerned and an academician representing
SC/ST/OBC/Minority/Women/ Differently-abled categories to be
nominated by the Vice Chancellor. Four members including
two outside subject experts shall constitute the quorum.
5. The interview was started with the Vice Chancellor
as the Chairman of the Selection Committee on 29.11.2023 and
continued on 30.11.2023. But, before starting the interview on
30.11.2023, the Hon'ble Apex Court in Dr. Premachandran
Keezhoth and another v. Chancellor, Kannur University
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and others [2023 SCC OnLine SC 1592] held that appointment
of the Vice Chancellor is vitiated. The Vice Chancellor
thereupon nominated a Professor of the 1st respondent-
University to chair the Selection Committee. The petitioners
state that the midway reconstitution of the Selection Committee
is impermissible. There cannot be adhoc arrangements and if
the Selection Committee cannot continue or complete the
selection process, then the entire process is required to be
done afresh.
6. In spite of the illegality in the selection proceedings,
the ranklist prepared by the Selection Committee was placed
before the meeting of the syndicate held on 12.12.2023 and the
Syndicate as per Ext.P3 minutes decided to approve the score
sheet. Consequently, Ext.P4 ranklist dated 19.12.2023 was
published. Ext.P5 ranklist was also published on the same day
for the tenure posts.
7. The petitioner in W.P.(C) No.43934/2023 would
contend that apart from the illegality of reconstituting the
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Selection Committee during the course of the interview, the
selection is vitiated by bias also. The 3 rd respondent in W.P.(C)
No.43934/2023 was the supervisor of the 4 th respondent, while
the 4th respondent did his research in Jawaharlal Nehru
University, as can be seen from Ext.P6 Certificate. The 3 rd
respondent participated in the interview on both days and he
had awarded marks in favour of the 4 th respondent. To make
the selection process free from bias, the 3 rd respondent ought to
have recused from the Selection Committee.
8. Aggrieved by the illegal selection process, the
petitioner filed Ext.P7 representation to the Vice Chancellor.
The petitioner submitted before the Vice Chancellor that the 4 th
respondent, who is the selected candidate may not be allowed
to join service. The petitioner reiterated that the proceedings
leading to Ext.P4 Notification dated 19.12.2023 publishing
provisional rank list of candidates for selection to the post of
Assistant Professor in the Department of Geography is illegal
and is liable to be set aside.
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9. Respondents 1 and 2 opposed the writ petitions filing
Statement dated 03.04.2024. Respondents 1 and 2 submitted
that the substituted Chairperson of the Selection Committee
has more than ten years of experience as Professor and
satisfies the qualification for functioning as Chairman of the
Selection Committee. The substitution was made on
29.11.2023 due to the disability of the Vice Chancellor to chair
the Selection Committee on 30.11.2023 due to health reasons.
The substitution was made while the incumbent Vice
Chancellor Professor Gopinath Ravindran was in office as Vice
Chancellor.
10. There was no change in the constitution of the
Selection Committee, except the Chairperson. Decisions taken
by the Vice Chancellor cannot be invalidated because of the
setting aside of the reappointment of the Vice Chancellor by the
Hon'ble Supreme Court. The Selection Committee was
constituted/substituted with due regard to the UGC Regulations,
2018.
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11. The 3rd respondent filed a counter affidavit. The 3 rd
respondent stated that he did not know about the 4 th
respondent and as to who are all attending the interview.
Therefore, he could not have recused from the Selection
Committee. The 3rd respondent has always maintained the
highest standards of personal and professional integrity. It is
totally incorrect to state that by the inclusion of the 3 rd
respondent and his participation in the selection process, the
selection process is vitiated by bias. The Selection Committee
consists of seven members out of which three were subject
experts from three different Universities. Therefore, the 3 rd
respondent could not have influenced the decision of the seven
member Committee.
12. The 4th respondent also filed a counter affidavit. The
4th respondent stated that it is unfounded to contend that if the
Selection Committee cannot continue or complete the selection
process, the entire process is required to be done afresh. The
interview was held on 30.11.2023. But, the petitioner raised the
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issue of alleged illegality only on 21.12.2023 after publishing
Ext.P4 ranklist. The very same Selection Committee had
conducted selection to the tenure post, wherein the petitioner is
the first rank holder. The 4th respondent emphatically denied
the allegation that the selection is vitiated by bias.
13. The petitioner in W.P.(C) No.792/2024 also
impugned the selection process. The reconstitution of the
Committee, during midway of the interview is bad in law. The
Selection Committee was constituted to suit the convenience of
the Vice Chancellor. The impugned selection proceedings has
caused favoritism, resulting in the selection and appointment of
the 3rd respondent to the post of Assistant Professor
(Geography).
14. The counsel for the 4th respondent in W.P.(C)
No.43934/2023 relied on the judgment of a Division Bench of
this Court in Manager, St. Mary's HS v. Beji Abraham [2002
(1) KLT 406] to contend that the right of appointees would not
be taken away, even by a subsequent finding that the
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appointment was made by an incompetent Manager. The
counsel also relied on the Division Bench judgment of this
Court in Manager, Malankara Syrian Catholic Colleges and
others v. Dr. Reshmi P.R. and others [2022 (5) KLT 592] and
argued that the fact that selected candidate has worked under
the HoD of the Department would not automatically lead to a
conclusion that there would be bias.
15. I have heard the learned counsel for the petitioners,
the learned Standing Counsel appearing for the University and
the learned Senior Counsel assisted by the counsel appearing
for the contesting respondents.
16. The University published Ext.P1 Notification dated
15.06.2022 for appointment to the regular post of Assistant
Professor (Geography). Soon thereafter, the University
published Ext.P2 Notification dated 29.07.2023 inviting
applications from eligible candidates for appointment to the post
of Assistant Professor (Geography) on tenure basis for a period
of 5 years. Interview for both the categories was held together
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on 29.11.2023 and 30.11.2023.
17. The petitioners would contend that in view of the
judgment of the Hon'ble Apex Court dated 30.11.2023 in Dr.
Premachandran Keezhoth (supra), the Vice Chancellor
nominated a Professor of the University to chair the Selection
Committee, in his place. The midway reconstitution of the
Selection Committee is illegal and arbitrary. Ext.P4 ranklist was
published for appointment to the post of Assistant Professor on
regular basis wherein the 4th respondent was given first rank.
18. The petitioners would further contend that the
selection of the 4th respondent is vitiated by bias for the reason
that the 3rd respondent who was a part of the Selection
Committee, was Supervisor of the 4 th respondent when the 4th
respondent did his research in Jawaharlal Nehru University.
19. Question arises whether conducting common
interview for selection to the post of Assistant Professor on
regular basis and on tenure basis is legally permissible.
Though the petitioners would submit that the yardstick and
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method of recruitment for a regular post and tenure post is
always different and therefore a common interview by itself is
wrong, I cannot agree with the said proposition for the reason
that selection under both the Notifications is to the same post of
Assistant Professor, though appointment are made on different
conditions of service. The educational qualification prescribed
for appointment to the post on regular basis and tenure basis is
the same. The nature of work expected from persons selected
under both the category is also more or less the same. The
Selection Committee consists of the Vice Chancellor or his
nominee Professor with ten years experience, an academician
not below the rank of Professor nominated by the
Visitor/Chancellor, three experts in the subjects concerned,
Dean of the Faculty, Head/Chairperson of the
Department/School concerned and an academician
representing SC/ST/OBC/Minority/Women/Differently-abled
categories. The Selection Committee being an expert body and
the selection being to the posts of Assistant Professor, though
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on different conditions of service, I do not find any illegality in
conducting common interview for selection to the posts.
20. The further issue is regarding change of the
constitution of the Selection Committee during the progress of
the interview proceedings. The interview was conducted on
29.11.2023 by a Selection Committee presided over by the Vice
Chancellor. However, in the interview proceedings continued
on 30.11.2023, the Chairman substituted himself by appointing
a Professor as the Chairman of the Selection Committee.
When Notification is for recruitment to a limited number of posts
of Assistant Professor, reconstitution of the Selection
Committee in the midway of the interview proceedings would
cause injustice to the candidates appearing in the interview. It
would also raise concerns of motive behind the reconstitution of
the Committee. If the Vice Chancellor had any personal or
other difficulty in presiding over the Selection Committee
proceedings on 30.11.2023, it would have been appropriate to
cancel the interview proceedings already held in part and
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subject all the candidates to appear in a fresh interview
proceedings by the reconstituted Committee. The
reconstitution of the Selection Committee during the middle of
the interview proceedings is highly illegal and arbitrary. Any
selection made pursuant thereto cannot stand the scrutiny of
law.
21. The petitioner in W.P.(C) No.43934/2023 has a
further grievance that inclusion of the 3rd respondent in the
Selection Committee would vitiate the selection due to bias
towards the 4th respondent because the 4th respondent was
Supervisor of the 4th respondent who was ranked No.1 in the
selection process. The mere fact that the 3rd respondent was
the Supervisor of the petitioner while the petitioner was
studying in the Jawaharlal Nehru University by itself will not
vitiate the selection proceedings. Ext.P6 Certificate produced
by the petitioner in W.P.(C) No.43934/2023 would only indicate
that the dissertation work of the 4th respondent was forwarded
by the 3rd respondent, who was Supervisor of the dissertation
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work. That by itself cannot vitiate the selection proceedings by
bias.
22. For the afore reasons, I find that the selection
proceedings impugned in these writ petitions are liable to be set
aside. Ext.P4 provisional ranklist dated 19.12.2023 in W.P.(C)
No.43934/2023 (Ext.P5 in W.P.(C) No.792/2024) and Ext.P4
Minutes of the meeting of the Syndicate held on 12.12.2023 (in
W.P.(C) No.792/2024) in so far as it approves the score sheet
of the Selection Committee, are set aside. The respondents
are directed to conduct selection afresh to the post of Assistant
Professor notified under Exts.P1 and P2 Notifications in W.P.
(C) No.43934/2023.
The writ petitions are disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/27.01.2025
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APPENDIX OF WP(C) 792/2024
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE NOTIFICATION NO. ACAD
B3/23389/2019 DATED 15.06.2022, FOR THE
REGULAR POST OF ASSISTANT PROFESSOR,
GEOGRAPHY, PRESCRIBING ELIGIBILITY AND
QUALIFICATION, ISSUED BY THE 1ST
RESPONDENT UNIVERSITY
Exhibit-P2 TRUE COPY OF THE APPLICATION FOR THE
POST OF ASSISTANT PROFESSOR, GEOGRAPHY
SUBMITTED BY THE PETITIONER ON
13.07.2022
Exhibit-P3 A COPY OF THE E-MAIL COMMUNICATION
DATED 28.11.2023, INVITING THE
PETITIONER FOR THE INTERVIEW ON
30.11.2023, SENT BY THE ASSISTANT
REGISTRAR, KANNUR UNIVERSITY
Exhibit-P4 A COPY OF THE RELEVANT PAGES OF THE
MINUTES OF THE MEETING OF THE SYNDICATE
HELD ON 12.12.2023
Exhibit-P5 TRUE COPY OF THE PROVISIONAL RANK LIST
BEARING NOTIFICATION NO. AD B/AD-
B1/24235/2023 DATED 19.12.2023 ISSUED
BY THE 1ST RESPONDENT UNIVERSITY.
Exhibit-P6 A COPY OF THE REPRESENTATION DATED
27.12.2023 SUBMITTED TO THE CHANCELLOR
OF THE 1ST RESPONDENT UNIVERSITY,
THROUGH E-MAIL,
Exhibit-P7 A COPY OF THE REPRESENTATION DATED
26.12.2023 SUBMITTED TO THE VICE-
CHANCELLOR OF THE 1ST RESPONDENT
UNIVERSITY, THROUGH E-MAIL
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Exhibit-P8 TRUE COPY OF THE INTERIM ORDER DATED
22.12.2023 PASSED BY THIS HON'BLE COURT
IN W.P(C) NO. 43934 OF 2023
RESPONDENT'S EXHIBITS
EXHIBIT R3(a) True Copy of the Application submitted
under Right to Information Act, 2005
EXHIBIT R3(b) True Copy of the Reply dated 30/03/2024
furnished under Right to Information
Act, 2005 along with documents
EXHIBIT R3(c) True Copy of the Appointment Letter
dated 15/02/2024 issued to the 3rd
respondent by 1st respondent University
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APPENDIX OF WP(C) 43934/2023
PETITIONER EXHIBITS
Exhibit-P1 A COPY OF THE NOTIFICATION NO.ACAD
B3/23389/2019 ISSUED ON 15.06.2022, FOR
THE REGULAR POST OF ASSISTANT
PROFESSOR, GEOGRAPHY, PRESCRIBING
ELIGIBILITY AND QUALIFICATION, ISSUED
BY THE 1ST RESPONDENT UNIVERSITY.
Exhibit-P2 A COPY OF THE NOTIFICATION NO.ACAD/ACAD
F3/7018/2023 DATED 29.07.2023 ISSUED BY
THE 1ST RESPONDENT UNIVERSITY.
Exhibit-P3 A COPY OF THE RELEVANT PAGES OF THE
MINUTES OF THE MEETING OF THE SYNDICATE
HELD ON 12.12.2023.
Exhibit-P4 A TRUE COPY OF THE RANKED LIST BEARING
NOTIFICATION NO.AD B/AD-B1/24235/2023
DATED 19.12.2023 ISSUED BY THE 1ST
RESPONDENT UNIVERSITY.
Exhibit-P5 TRUE COPY OF THE RANK LIST BEARING
NO.ACAD/ACAD F2/9812/ 2023 DATED
19.12.2023 ISSUED BY THE 1ST RESPONDENT
UNIVERSITY.
Exhibit-P6 TRUE COPY OF THE CERTIFICATE ISSUED
DATED NIL WHICH IS OBTAINED FROM THE
JAWAHARLAL NEHRU UNIVERSITY WEBSITE.
Exhibit-P7 A COPY OF THE REPRESENTATION DATED
21.12.2023 SUBMITTED BY THE PETITIONER
TO THE VICE CHANCELLOR OF THE
RESPONDENT UNIVERSITY THROUGH E-MAIL,
ALONG WITH ACKNOWLEDGEMENT RECEIPT,
