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Dr. Reethumol Joy vs State Of Kerala, Represented By Its ...
2025 Latest Caselaw 5269 Ker

Citation : 2025 Latest Caselaw 5269 Ker
Judgement Date : 18 March, 2025

Kerala High Court

Dr. Reethumol Joy vs State Of Kerala, Represented By Its ... on 18 March, 2025

Author: N.Nagaresh
Bench: N.Nagaresh
                                            2025:KER:22917




        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946

                WP(C) NO. 26405 OF 2024

PETITIONER:

         DR. MINI.B,
         D/O BABU .T
         AGED 33 YEARS
         RAJESH BHAVAN, UMAYANALLOOR P.O,
         KOLLAM, PIN - 691589


         BY ADVS.
         DIPU.R
         K.S.BAIJU
         DEVI KRIPA R.
         P.V.SARITHA VENUGOPAL
         DHANYA BABU
         NEETHU SASI
         ANSU SARA MATHEW



RESPONDENTS:

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

    2    DIRECTOR OF COLLEGIATE EDUCATION
         DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR,
         VIKAS BHAVAN P.O, THIRUVANANTHAPURAM - 695033
                                             2025:KER:22917
WP(C) Nos.26405, 27655 &
28376 of 2024

                           2




    3    DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
         DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION
         [SOUTH ZONE], ASP TOWER, CHAMAKKADA, KOLLAM,
         PIN - 691001

    4    UNIVERSITY OF KERALA,
         REPRESENTED BY ITS REGISTRAR
         UNIVERSITY BUILDING, PALAYAM,
         THIRUVANANTHAPURAM, PIN - 695034

    5    UNIVERSITY GRANTS COMMISSION [UGC],
         REPRESENTED BY ITS CHAIRMAN
         BAHADUR SHAH ZAFAR MARG,
         NEW DELHI, PIN - 110002

    6    MANAGER
         FATIMA MATA NATIONAL COLLEGE [AUTONOMOUS],
         KARBALA JUNCTION, KOLLAM, PIN - 691001

    7    PRINCIPAL
         FATIMA MATA NATIONAL COLLEGE [AUTONOMOUS],
         KARBALA JUNCTION, KOLLAM, PIN - 691001

    8    DR. JISHA.P
         PRAKASHANILAYAM, PALAYAMKUNNU P.O, VARKKALA,
         THIRUVANANTHAPURAM, PIN - 695146

    9    REMYA RAJ. R
         PALIKKAL HOUSE, VATANAPPALLY BEACH P.O,
         THRISSUR, PIN - 680614

   10    FATHIMA BEEVI.R
         SHAMNAD MANZIL, ANCHAL, KOLLAM, PIN - 691306


         BY ADVS.
         THOMAS ABRAHAM, STANDING COUNSEL
         S. KRISHNAMOORTHY, STANDING COUNSEL
         ISAAC KURUVILLA ILLIKAL
                                            2025:KER:22917
WP(C) Nos.26405, 27655 &
28376 of 2024

                           3


         T.U.SUJITH KUMAR
         BABY ISSAC ILLICKAL(B-38)
         RAJESH. K.RAJU
         SRI. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.03.2025, ALONG WITH WP(C).27655/2024, 28376/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                             2025:KER:22917
WP(C) Nos.26405, 27655 &
28376 of 2024

                             4



        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946

                 WP(C) NO. 27655 OF 2024

PETITIONER:

         DR. REETHUMOL JOY
         AGED 36 YEARS
         KUNNUVILA VEEDU, NEAR MOSQUE,
         KUNDRA P.O, KOLLAM, PIN - 691501

         BY ADVS.
         DIPU.R
         K.S.BAIJU
         DEVI KRIPA R.
         P.V.SARITHA VENUGOPAL
         DHANYA BABU
         NEETHU SASI
         ANSU SARA MATHEW



RESPONDENTS:

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

    2    DIRECTOR OF COLLEGIATE EDUCATION
         DIRECTORATE OF COLLEGIATE EDUCATION,
         6TH FLOOR, VIKAS BHAVAN P.O,
         THIRUVANANTHAPURAM, PIN - 695033
                                             2025:KER:22917
WP(C) Nos.26405, 27655 &
28376 of 2024

                           5




    3    DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
         DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION
         [SOUTH ZONE], ASP TOWER, CHAMAKKADA,
         KOLLAM, PIN - 691001

    4    UNIVERSITY OF KERALA,
         REPRESENTED BY ITS REGISTRAR
         UNIVERSITY BUILDING, PALAYAM,
         THIRUVANANTHAPURAM, PIN - 695034

    5    UNIVERSITY GRANTS COMMISSION [UGC],
         REPRESENTED BY ITS CHAIRMAN
         BAHADUR SHAH ZAFAR MARG, NEW DELHI,
         PIN - 110002

    6    MANAGER
         FATIMA MATA NATIONAL COLLEGE [AUTONOMOUS],
         KARBALA JUNCTION, KOLLAM, PIN - 691001

    7    PRINCIPAL
         FATIMA MATA NATIONAL COLLEGE [AUTONOMOUS],
         KARBALA JUNCTION, KOLLAM, PIN - 691001

    8    GREESHMA JOHNSON
         LOURDALAYAM, PALLIKADAVU, KANJIRACODE,
         KUNDRA, KOLLAM, PIN - 691501

    9    ABIN BEN A
         ABIN COTTAGE, MANAKKARA,
         SASTHAMCOTTA P.O, KOLLAM, PIN - 690521

   10    ARYA S S
         PONGUVILA VEEDU, K.S.ROAD, KOVALAM,
         THIRUVANANTHAPURAM, PIN - 695527


         BY ADVS.
         THOMAS ABRAHAM, STANDING COUNSEL
         S. KRISHNAMOORTHY, STANDING COUNSEL
                                            2025:KER:22917
WP(C) Nos.26405, 27655 &
28376 of 2024

                           6


         ISAAC KURUVILLA ILLIKAL
         SREEDEV U
         BABY ISSAC ILLICKAL(B-38)
         ADITYA THEJUS KRISHNAN
         SRI. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.03.2025, ALONG WITH WP(C).26405/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                             2025:KER:22917
WP(C) Nos.26405, 27655 &
28376 of 2024

                             7



        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946

                 WP(C) NO. 28376 OF 2024

PETITIONER:

         DR. SHYNI THANKACHAN
         AGED 41 YEARS
         MONTWILLY, PERAYAM,
         KOLLAM, PIN - 691503

         BY ADVS.
         DIPU.R
         K.S.BAIJU
         DEVI KRIPA R.
         P.V.SARITHA VENUGOPAL
         DHANYA BABU
         NEETHU SASI
         ANSU SARA MATHEW



RESPONDENTS:

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

    2    DIRECTOR OF COLLEGIATE EDUCATION
         DIRECTORATE OF COLLEGIATE EDUCATION,
         6TH FLOOR, VIKAS BHAVAN P.O,
         THIRUVANANTHAPURAM, PIN - 695033
                                               2025:KER:22917
WP(C) Nos.26405, 27655 &
28376 of 2024

                           8




    3    DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
         DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION
         [SOUTH ZONE], ASP TOWER, CHAMAKKADA, KOLLAM,
         PIN - 691001

    4    UNIVERSITY OF KERALA,
         REPRESENTED BY ITS REGISTRAR
         UNIVERSITY BUILDING, PALAYAM,
         THIRUVANANTHAPURAM, PIN - 695034

    5    UNIVERSITY GRANTS COMMISSION [UGC],
         REPRESENTED BY ITS CHAIRMAN
         BAHADUR SHAH ZAFAR MARG,
         NEW DELHI, PIN - 110002

    6    MANAGER
         FATIMA MATA NATIONAL COLLEGE [AUTONOMOUS],
         KARBALA JUNCTION, KOLLAM, PIN - 691001

    7    PRINCIPAL
         FATIMA MATA NATIONAL COLLEGE [AUTONOMOUS],
         KARBALA JUNCTION, KOLLAM, PIN - 691001

    8    SANU F
         FRANCIS HAVEN, BISHOP PALACE NAGAR 56C,
         TANGASSERI, KOLLAM, PIN - 691007

    9    CARMEL THOMAS
         THIRUKUDUMBALAYAM, KUREEPUZHA,
         KOLLAM, PIN - 691601

   10    DR.REMYA N
         MAMAIPURAYIDAM, C S NAGAR 25,
         CUTCHERRY P.O, VADDY, KOLLAM, PIN - 691013


         BY ADVS.
         THOMAS ABRAHAM, STANDING COUNSEL
         KRISHNAMOORTHY S, STANDING COUNSEL
                                            2025:KER:22917
WP(C) Nos.26405, 27655 &
28376 of 2024

                           9


         ISAAC KURUVILLA ILLIKAL
         SREEDEV U
         BABY ISSAC ILLICKAL(B-38)
         SRI. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.03.2025, ALONG WITH WP(C).26405/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                   2025:KER:22917
WP(C) Nos.26405, 27655 &
28376 of 2024

                                  10


                           JUDGMENT

Dated this the 18th day of March, 2025 [W.P.(C) Nos.26405, 27655 and 28376 of 2024]

The petitioners are aspirants for appointment to the

post of Assistant Professor in the Fathima Mata National

College (Autonomous), Kollam. The petitioners state that after

publishing a notification for recruitment to the post of Assistant

Professors in Hindi, Political Science and Commerce,

respondents 6 and 7 conducted an interview and selection

and appointments were made overlooking the superior merit

and ability of the petitioners.

2. The petitioners state that all the petitioners

are PhD holders and in spite of their superior educational

qualification, they were not selected or appointed. The

interview conducted at the instance of respondents 6 and 7

was not proper. The interview was manipulated in order to 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

help the blue eyed boys of respondents 6 and 7.

3. The petitioners contended that the selection

process should be based on awarding scores / marks as

prescribed by the Rules. This was not done. Ext.P9 (in

W.P.(C) No.26405/2024) has been issued without duly

following the selection process. In the circumstances, Ext.P9

is liable to be quashed and directing respondents 1 to 5 to

issue strict directions to respondents 6 and 7 to follow Ext.P10

Guidelines (in W.P.(C) No.26405/2024) while effecting the

appointments.

4. Standing Counsel entered appearance on

behalf of respondents 6 and 7 and resisted the writ petitions.

The Standing Counsel submitted that the selection was

conducted in strict compliance of the UGC Regulations on

Minimum Qualification for Appointment of Teachers and

Other Academic Staff in Universities and Colleges and 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

Measures for the Maintenance of Standards in Higher

Education, 2018. As per the Regulations, 2018, the selection

should be made on the basis of performance of the

candidates in the interview only. This criteria has been

followed by the University of Kerala which has issued order

dated 09.09.2021, wherein also it has been stated that

ranking / selection shall purely be on the basis of the marks

obtained in the interview.

5. I have heard the learned counsel for the

petitioners, the learned Government Pleader representing

respondents 1 to 3, respective learned Standing Counsel

representing respondents 4 to 7 and the learned counsel

appearing for the contesting respondents.

6. The grievance of the petitioners is that a

selection has been conducted by the College Authorities,

ignoring the superior educational qualification and eligibility of 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

the petitioners. The petitioners would contend that they are all

PhD holders and merit has been given a go-bye in the matter

of selection.

7. Ext.P10 in W.P.(C) No.26405/2024 is the

UGC Regulations on Minimum Qualification for Appointment

of Teachers and Other Academic Staff in Universities and

Colleges and Measures for the Maintenance of Standards in

Higher Education, 2018. Clause 4 of the Regulations, 2018

provides for direct recruitment. Clause 4.1 is related to direct

recruitment for the Disciplines of Arts, Commerce,

Humanities, Education, Law, Social Science, Sciences,

Languages, Library Science, Physical Education and

Journalism and Mass Communication. Clause 4.1 reads as

follows:

"4.1 For the Disciplines of Arts, Commerce, Humanities, Education, Law, Social Science, Sciences, Languages, Library Science, Physical Education and Journalism and Mass Communication.

      I.    Assistant Professor:
      Eligibility (A or B):
                                                        2025:KER:22917
WP(C) Nos.26405, 27655 &
28376 of 2024




      A.
       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.

ii) Besides fulfilling the above qualifications, the candidates must have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET/SET or who are or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil/Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time as the case may be exempted from NET/SLET/SET:

Provided, the candidates registered for the Ph.D. programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances/Bye-laws/Regulations of the Institution awarding the degree and such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfillment of the following conditions:-

a) The Ph.D. degree of the candidate has been awarded in a regular mode;

b) The Ph.D. thesis has been evaluated by at least two external examiners;

c) An open Ph.D. viva voce of the candidate has been conducted:

d) The Candidate has published two research papers from his/her Ph.D. work, out of which at least one is in a refereed journal;

e) The candidate has presented at least two 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

papers based on his/her Ph.D work in conferences /seminars sponsored/funded/supported by the UGC/ICSSR/CSIR or any similar agency.

The fulfillment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned.

Note: NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted by the UGC, CSIR or similar test accredited by the UGC, like SLET/SET.

OR B. The Ph.D degree has been 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).

Note: The Academic score as specified in Appendix II (Table 3A) for Universities, and Appendix II (Table 3B) for Colleges, shall be considered for short-listing of the candidates for interview only, and the selections shall be based only on the performance in the interview."

The Note below Regulation 4 would indicate that the

Academic score as specified in Appendix II for Colleges shall

be considered for short-listing of the candidates for interview

only and the selections shall be based only on the 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

performance in the interview.

8. As UGC Regulations are binding on the

respondents, I do not find any fault with the respondents in

conducting the selection on the basis of performance in the

interview.

9. It is to be noted that the Selection Committee

is also statutorily regulated. As per Regulation 5.0, the

Selection Committee for Assistant Professor in Colleges

including Private and Constituent Colleges is as follows:

"V. Assistant Professor in Colleges, Including Private and Constituent Colleges:

(a) The Selection Committee for the post of Assistant Professor in Colleges, including Private and constituent Colleges shall consist of the following persons:

i) Chairperson of the Governing Body of the college or his/her nominee from amongst the members of the Governing body, who shall be the Chairperson of the Committee.

ii) The Principal of the College.

Iii) Head of the Department/Teacher-in-charge of the subject concerned in the College.

iv) Two nominees of the Vice-Chancellor of the affiliating university, of whom one should be a 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

subject-expert. In case of colleges notified/declared as a minority educational institution, two nominees of the Chairperson of the college from out of a panel of five names, preferably from the minority community, recommended by the Vice-Chancellor of the affiliating university, from the list of experts suggested by the relevant statutory body of the college, of whom one should be a subject-expert.

v) Two subject-experts not connected with the college who shall be nominated by the Chairperson of the College governing body out of a panel of five names recommended by the Vice-Chancellor from the list of subject experts approved by the relevant statutory body of the university concerned. In case of colleges notified/declared as minority educational Institutions, two subject experts not connected with the University nominated by the Chairperson of the Governing Body of the College out of the panel of five names, preferably from the minority communities, recommended by the Vice-

Chancellor from the list of subject experts approved by the relevant statutory body of the College.

vi) An academician representing SC/ST/OBC/ Minority/Women/Differently-abled categories, if any of candidates belonging to any of these categories is the applicant, to be nominated by the Vice-Chancellor, if any of the above members of the selection committee does not belong to that category.

Five members, including two outside subject experts, shall constitute the quorum."

The Selection Committee includes two nominees of the Vice

Chancellor of the affiliating University, two nominees of the 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

Chairperson of the College from out of a panel of five names,

two subject experts not connected with the College and

academician representing SC/ST/OBC/Minority/Women/

Differently abled categories. As there are independent

persons in the Selection Board, I do not find any scope for

manipulations in the interview.

10. It is to be noted that the University of Kerala

has also followed the UGC Regulations, 2018. As per

University Order dated 09.09.2021 also, ranking / selection

shall be purely based on the marks obtained in the interview.

11. Clause 9 of Ext.P11 University Order (in

W.P.(C) No.26405/2024) states that the academic score sheet

containing the scores obtained by all the applicants before

shortlisting for interview and the interview score sheet for

shortlisted candidates, duly signed by all the members of the

Selection Committee present shall be forwarded to the

University along with the proposal for the approval of initial 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

appointment of Assistant Professor. Ext.P11 has sufficient

provisions to make any selection impartial.

12. The counsel representing the College took

me to the academic score sheet of the candidates. Going

through the academic score sheet of the candidates, I find no

illegality in the matter of selection.

13. It is to be noted that the Hon'ble Apex Court

in the judgment in Tajvir Singh Sodhi v. State of Jammu and

Kashmir [2023 SCC Online SC 344] held as follows:

"12. Selection Process for Public Employment:

Interference by Courts:

Before proceeding further, it is necessary to preface our judgment with the view that Courts in India generally avoid interfering in the selection process of public employment, recognising the importance of maintaining the autonomy and integrity of the selection process. The Courts recognise that the process of selection involves a high degree of expertise and discretion and that it is not appropriate for Courts to substitute their judgment for that of a selection committee. It would be indeed, treading on thin ice for us if we were to venture into reviewing the decision of experts who form a part of a selection board. The law on the scope and extent of judicial review of a selection process and results thereof, may be understood on consideration of the following 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

case law:

i) In Dalpat Abasaheb Solunke v. Dr. B. S. Mahajan, AIR 1990 SC 434, this Court clarified the scope of judicial review of a selection process, in the following words:

"9.... It is needless to emphasise that it is not the function of the court to hear appeals over the decisions of the selection committees and to scrutinise the relative mirits of the candidates. Whether the candidate is fit for a particular post or not has to be decided by the duly constituted selection committee which has the expertise on the subject. The court has no such expertise. The decision of the selection committee can be interfered with only on limited grounds, such as illegality or patent material irregularity in the constitution of the committee or its procedure vitiating the selection, or proved mala fides affecting the selection etc"

ii) In a similar vein, in Secy. (Health) Deptt. Of Health & F.W. v. Dr. Anita Puri, 1996 (6) SCC 282, this Court observed as under as regards the sanctity of a selection process and the grounds on which the results thereof may be interfered with:

"9.... It is too well settled that when a selection is made by an expert body like the Public Service Commission which is also advised by experts having technical experience and high academic qualification in the field for which the selection is to be made, the courts should be slow to interfere with the opinion expressed by experts unless allegations of mala fide are made and established. It would be prudent and safe for the courts to leave the decisions on such matters to the experts who are more familiar with the problems they face than the courts. If the expert body considers suitability of a candidate for a specified post after giving due consideration to all the relevant factors, then the court should not ordinarily interfere with such selection and evaluation"

2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

iii) This position was reiterated by this Court in M. V. Thimmaiah v. Union Public Service Commission, 2008 (2) SCC 119, in the following words:

"21. Now, comes the question with regard to the selection of the candidates. Normally, the recommendations of the Selection Committee cannot be challenged except on the ground of mala fides or serious violation of the statutory rules. The courts cannot sit as an Appellate Authority to examine the recommendations of the Selection Committee like the court of 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...

30. We fail to understand how the Tribunal can sit as an Appellate Authority to call for the personal records and constitute Selection Committee to undertake this exercise. This power is not given to the Tribunal and it should be clearly understood that the assessment of the Selection Committee is not subject to appeal either before the Tribunal or by the courts. One has to give credit to the Selection Committee for making their assessment and it is not subject to appeal. Taking the overall view of ACRs of the candidates, one may be held to be very good and another may be held to be good. If this type of interference is permitted then it would virtually amount that the Tribunals and the High Courts have started sitting as Selection Committee or act as an Appellate Authority over the selection. It is not their domain, it should be clearly understood, as has been clearly held by this Court in a number of decisions"

iv) Om Prakash Poplai and Rajesh Kumar Maheshwari v. Delhi Stock Exchange Association Ltd., 1994 (2) SCC 117, was a case where an appeal was filed before this Court challenging the selection of members to the Delhi Stock Exchange on the 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

ground that the Selection Committee formed for the aforesaid purpose, arbitrarily favoured some candidates and was thus, against Art. 14. This Court rejected the allegation of favouritism and bias by holding as under:

"5...the selection of members by the Expert Committee had to be done on the basis of an objective criteria taking into consideration experience, professional qualifications and similar related factors. In the present cases, we find that certain percentage of marks were allocated for each of these factors, namely, educational qualifications, experience, financial background and knowledge of the relevant laws and procedures pertaining to public issues etc. Of the total marks allocated only 20 per cent were reserved for interviews. Therefore, the process of selection by the Expert Committee was not left entirely to the sweet will of the members of the Committee. The area of play was limited to 20 per cent and having regard to the fact that the members of the Expert Committee comprised of two members nominated by the Central Government it is difficult to accept the contention that they acted in an unreasonable or arbitrary fashion"

12.1. Thus, the inexorable conclusion that can be drawn is that it is not within the domain of the Courts, exercising the power of judicial review, to enter into the merits of a selection process, a task which is the prerogative of and is within the expert domain of a Selection Committee, subject of course to a caveat that if there are proven allegations of malfeasance or violations of statutory rules, only in such cases of inherent arbitrariness, can the Courts intervene. Thus, Courts while exercising the power of judicial review cannot step into the shoes of the Selection Committee or assume an appellate role to examine whether the marks awarded by the Selection Committee in the viva-voce are excessive and not 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

corresponding to their performance in such test. The assessment and evaluation of the performance of candidates appearing before the Selection Committee / Interview Board should be best left to the members of the committee."

For all the afore facts, I do not find any reason to

interfere with the selection process subjected to challenge in

these writ petitions. The writ petitions are therefore

dismissed.

Sd/-

N.NAGARESH JUDGE spk 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

APPENDIX OF WP(C) 26405/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF PETITIONER'S DEGREE CERTIFICATE DATED 14/12/2011 ISSUED BY UNIVERSITY OF KERALA

Exhibit P2 THE TRUE COPY OF STATEMENT OF MARKS OF PETITIONER IN MA [HINDI] LANGUAGE AND LITERATURE DATED 23/11/2013 ISSUED BY UNIVERSITY OF KERALA

Exhibit P3 THE TRUE COPY OF MA CERTIFICATE OF PETITIONER WITH REGISTER NO.52506406/ 11144005 DATED 28/11/2014 ISSUED BY UNIVERSITY OF KERALA

Exhibit P4 THE TRUE COPY OF PETITIONER'S PHD CERTIFICATE WITH REGISTER NO.7008 DATED 17-12-2022 ISSUED BY UNIVERSITY OF KERALA

Exhibit P5 THE TRUE COPY OF PETITIONER'S NET CERTIFICATE WITH ELECTRONIC CERTIFICATE NO.1610 11510, DATED 27- 02-2017 ISSUED BY THE 5TH RESPONDENT

Exhibit P6 THE TRUE COPY OF NEWSPAPER ADVERTISEMENT PUBLISHED IN MALAYALAM MANORAMA DATED 12/10/2023

Exhibit P7 THE TRUE COPY OF APPLICATION WITH APPLICATION NO SS2300061 SYSTEM GENERATED ON 22/10/2023 SUBMITTED BY THE PETITIONER

Exhibit P8 THE TRUE COPY OF INTERVIEW MEMO WITH NO. FC/E1/TS APPOINTMENTS/HINDI 1/2024, DATED 08/07/2024 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

Exhibit P9 THE TRUE COPY OF RANKED LIST FOR THE POST OF ASSISTANT PROFESSOR HINDI DATED 16/7/2024 PUBLISHED BY THE 6TH AND 7TH RESPONDENTS

Exhibit P10 THE TRUE COPY OF RELEVANT PARTS OF NOTIFICATION WITH NO.

F.1-2/2017[EC/PS], DATED 18/07/2018 ISSUED BY THE 5TH RESPONDENT

Exhibit P11 THE TRUE COPY OF ORDER WITH NO. AC.

FII/ GENERAL/UGC-R-2018/2019, DATED 09/09/2021 ISSUED BY THE 4TH RESPONDENT

RESPONDENT EXHIBITS

EXHIBIT R7(A) A PHOTOCOPY OF THE ACADEMIC SCORE SHEET FOR THE POST OF ASSISTANT PROFESSOR IN HINDI PREPARED BY THE SELECTION COMMITTEE DATED 16.07.2024

EXHIBIT R7(B) A PHOTOCOPY OF THE CONSOLIDATED INTERVIEW SCORES OF THE CANDIDATES PREPARED BY THE SELECTION COMMITTEE DATED 16.07.2024

EXHIBIT R7(C) A PHOTOCOPY OF THE MINUTES OF THE SELECTION COMMITTEE DATED 16.07.2024

ANNEXURE R4(A) THE TRUE COPY OF THE RELEVANT PAGES OF THE UGC REGULATIONS,2018

ANNEXURE R4(B) THE TRUE COPY OF THE APPENDIX II (TABLE 3B)OF THE UGC REGULATIONS, 2018

EXHIBIT R5(A) A TRUE COPY OF RELEVANT EXTRACTS OF UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR MAINTENANCE OF STANDARDS IN HIGHER EDUCATION,2018 CONTAINING CLAUSE 4.1 AND TABLE B 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

APPENDIX OF WP(C) 27655/2024

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF PETITIONER'S DEGREE CERTIFICATE DATED 01/07/2010 ISSUED BY UNIVERSITY OF KERALA

EXHIBIT P2 THE TRUE COPY OF STATEMENT OF MARKS OF PETITIONER IN MA [POLITICS] DATED 16/11/2011 ISSUED BY UNIVERSITY OF KERALA

EXHIBIT P3 THE TRUE COPY OF MA CERTIFICATE OF THE PETITIONER WITH REGISTER NO.54506404/ 09132015 DATED 31/01/2013 ISSUED BY UNIVERSITY OF KERALA

EXHIBIT P4 THE TRUE COPY OF MPHIL CERTIFICATE OF THE PETITIONER WITH REGISTER NO.12082, DATED 26/02/2016 ISSUED BY ANNAMALAI UNIVERSITY

EXHIBIT P5 THE TRUE COPY OF PETITIONER'S PHD CERTIFICATE WITH NO.248734 DATED 17/02/2018 ISSUED BY ANNAMALAI UNIVERSITY

EXHIBIT P6 THE TRUE COPY OF ELIGIBILITY CERTIFICATE WITH BOOK NO 09 DATED 22/05/2019 ISSUED BY THE 4TH RESPONDENT UNIVERSITY

EXHIBIT P7 THE TRUE COPY OF NEWSPAPER ADVERTISEMENT PUBLISHED IN MALAYALAM MANORAMA DATED 12/10/2023

EXHIBIT P8 THE TRUE COPY OF APPLICATION WITH APPLICATION NO SS2300006 SYSTEM GENERATED ON 19/10/2023 SUBMITTED BY 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

THE PETITIONER

EXHIBIT P9 THE TRUE COPY OF INTERVIEW MEMO WITH NO. FC/E1/TS APPOINTMENTS/POL SCIE 1/2024, DATED 24/06/2024

EXHIBIT P10 THE TRUE COPY OF RANKED LIST FOR THE POST OF ASSISTANT PROFESSOR POLITICAL SCIENCE DATED NIL PUBLISHED BY THE 6TH AND 7TH RESPONDENTS

EXHIBIT P10A THE RETYPED COPY OF EXHIBIT P10

EXHIBIT P11 THE TRUE COPY OF RELEVANT PARTS OF NOTIFICATION WITH NO. F.1-2/2017 [EC/PS], DATED 18/07/2018 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P12 THE TRUE COPY OF ORDER WITH NO. AC.

FII/ GENERAL/UGC-R-2018/2019, DATED 09/09/2021 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P13 THE TRUE COPY OF INTERIM ORDER DATED 25/07/2024 IN WPC NO.26405/2024

RESPONDENT EXHIBITS

EXHIBIT R7(A) A PHOTOCOPY OF THE ACADEMIC SCORE SHEET FOR THE POST OF ASSISTANT PROFESSOR IN POLITICAL SCIENCE PREPARED BY THE SELECTION COMMITTEE DATED 03.07.2024

EXHIBIT R7(B) A PHOTOCOPY OF THE CONSOLIDATED INTERVIEW SCORES OF THE CANDIDATES PREPARED BY THE SELECTION COMMITTEE DATED 03.07.2024 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

EXHIBIT R7(C) A PHOTOCOPY OF THE MINUTES OF THE SELECTION COMMITTEE DATED 03.07.2024

EXHIBIT R4(A) THE TRUE COPY OF THE RELEVANT PAGES OF THE UGC REGULATION, 2018

EXHIBIT R4(B) A TRUE COPY OF THE APPENDIX II (TABLE 3B) OF THE UGC REGULATION, 2018

EXHIBIT R8(A) A PHOTOCOPY OF THE APPOINTMENT ORDER DATED 07.08.2024 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

APPENDIX OF WP(C) 28376/2024

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF PETITIONER'S DEGREE CERTIFICATE [FACULTY OF COMMERCE] DATED 10/07/2007 ISSUED BY UNIVERSITY OF KERALA

EXHIBIT P2 THE TRUE COPY OF STATEMENT OF MARKS OF PETITIONER IN MCOM[ANNUAL SCHEME] DATED 11/04/2013 ISSUED BY UNIVERSITY OF KERALA

EXHIBIT P3 THE TRUE COPY OF MCOM CERTIFICATE OF THE PETITIONER WITH REGISTER NO.

76174/2007, 202294/2012 DATED 23/11/2013 ISSUED BY UNIVERSITY OF KERALA

EXHIBIT P4 THE TRUE COPY OF MPHIL CERTIFICATE OF THE PETITIONER WITH REGISTER NO.61011594, DATED 31/07/2018 ISSUED BY MANONMANIAM SUNDARANAR UNIVERSITY, TIRUNELVELI

EXHIBIT P5 THE TRUE COPY OF PETITIONER'S PHD CERTIFICATE WITH REGISTER NO.7041 DATED 28/11/2022 ISSUED BY KERALA UNIVERSITY

EXHIBIT P6 THE TRUE COPY OF NET CERTIFICATE OF THE PETITIONER WITH ROLL NO.37000778 DATED 19-03-2018 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P7 THE TRUE COPY OF SET CERTIFICATE OF THE PETITIONER WITH ROLL NO. 12050226 DATED 30-09-2015 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

EXHIBIT P8 THE TRUE COPY OF TESTIMONIAL WITH NO A3/2017-18/CASKDRA DATED 09-01-2018 ISSUED BY THE COLLEGE OF APPLIED SCIENCE KUNDRA TO THE PETITIONER

EXHIBIT P9 THE TRUE COPY OF CERTIFICATE WITH NO.

FC/E2/92/25/2023 DATED 03-08-2023 ISSUED TO THE PETITIONER

EXHIBIT P10 THE TRUE COPY OF NEWSPAPER ADVERTISEMENT PUBLISHED IN MALAYALAM MANORAMA DATED 12/10/2023

EXHIBIT P11 THE TRUE COPY OF APPLICATION WITH APPLICATION NO SS2300056 SYSTEM GENERATED ON 04/07/2024 SUBMITTED BY THE PETITIONER

EXHIBIT P12 THE TRUE COPY OF INTERVIEW MEMO DATED 03/07/2024 RECEIVED BY THE PETITIONER THROUGH EMAI

EXHIBIT P13 THE TRUE COPY OF RANKED LIST FOR THE POST OF ASSISTANT PROFESSOR COMMERCE [CQ] DATED NIL PUBLISHED BY THE 6TH AND 7TH RESPONDENTS

EXHIBIT P14 THE TRUE COPY OF RELEVANT PARTS OF NOTIFICATION WITH NO.

F.1-2/2017[EC/PS], DATED 18/07/2018 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P15 THE TRUE COPY OF ORDER WITH NO. AC.

FII/ GENERAL/UGC-R-2018/2019, DATED 09/09/2021 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P16 THE TRUE COPY OF INTERIM ORDER DATED 25/07/2024 IN WPC NO.26405/2024 2025:KER:22917 WP(C) Nos.26405, 27655 & 28376 of 2024

EXHIBIT P17 THE TRUE COPY OF ORDER DATED

RESPONDENT EXHIBITS

EXHIBIT R6(A) A PHOTOCOPY OF THE ACADEMIC SCORE SHEET FOR THE POST OF ASSISTANT PROFESSOR IN COMMERCE PREPARED BY THE SELECTION COMMITTEE DATED 06.07.2024

EXHIBIT R6(B) A PHOTOCOPY OF THE CONSOLIDATED INTERVIEW SCORES OF THE CANDIDATES PREPARED BY THE SELECTION COMMITTEE DATED 06.07.2024

EXHIBIT R6(C) A PHOTOCOPY OF THE MINUTES OF THE SELECTION COMMITTEE DATED 06.07.2024

EXHIBIT R4(A) THE TRUE COPY OF THE RELEVANT PAGES OF UGC REGULATIONS, 2018

EXHIBIT R4(B) THE TRUE COPY OF THE APPENDIX II (TABLE 3B) OF THE UGC REGULATIONS,2018

EXHIBIT R5(A) A COPY OF CLAUSE 4.1(1) AND APPENDIX II (TABLE 3A AND 3B) OF THE UGC REGULATIONS ON 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 2018

 
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