[Cites 1, Cited by 0]
Kerala High Court
Roshni C vs State Of Kerala on 26 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:16178
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
WP(C) NO. 5199 OF 2023
PETITIONER:
ROSHNI C
AGED 36 YEARS, W/O. SAMEER R
ANJANAM, CRA-177, PLAVILA LANE,
PONGUMOODU, MEDICAL COLLEGE POST,
THIRUVANANTHAPURAM, PIN - 695011.
BY ADVS.
SRI.VARUN C.VIJAY
SMT.DIVYA CHANDRAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN - 695001.
2 DIRECTOR OF COLLEGIATE EDUCATION
DIRECTORATE OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, VIKAS BHAVAN P.O
THIRUVANANTHAPURAM, PIN - 695033.
3 REGISTRAR
UNIVERSITY OF KERALA,
2026:KER:16178
W.P.(C) No.5199/2023
:2:
SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695034.
4 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
(SOUTH ZONE), ST.THOMAS SHOPPING COMPLEX,
NEAR ORTHODOX BISHOP CHURCH,
CROSS JUNCTION, KOLLAM, PIN - 691001.
5 MANAGER
BISHOP JESUDASAN CSI ARTS AND SCIENCE COLLEGE,
MULAYARA, VILAPPILSALA, THIRUVANANTHAPURAM,
PIN - 695543
6 PRINCIPAL
BISHOP JESUDASAN CSI ARTS AND SCIENCE COLLEGE,
MULAYARA, VILAPPILSALA THIRUVANATHAPURAM,
PIN - 695543.
7 SELECTION COMMITTEE FOR SELECTION TO THE POST
OF ASSISTANT PROFESSOR (ENGLISH)
REPRESENTED BY ITS CHAIRMAN AND CONVENER
MANAGER, BISHOP JESUDASAN CSI ARTS AND SCIENCE
COLLEGE, MULAYARA, VILAPPILSALA
THIRUVANANTHAPURAM,
PIN - 695543.
8 SREEJITHA P S
ASSISTANT PROFESSOR (ENGLISH),
BISHOP JESUDASAN CSI ARTS AND SCIENCE COLLEGE,
MULAYARA, VILAPPILSALA THIRUVANANTHAPURAM,
PIN - 695543.
9 UNIVERSITY GRANTS COMMISSION (UGC)
REPRESENTED BY ITS SECRETARY,
UNIVERSITY GRANTS COMMISSION,
BAHADUR SHAH ZAFAR MARG, NEW DELHI,
PIN - 110002.
BY ADVS.
SMT.K.B.SONY, GOVERNMENT PLEADER
SRI.THOMAS ABRAHAM, STANDING COUNSEL
SRI.ARUN.B.VARGHESE
2026:KER:16178
W.P.(C) No.5199/2023
:3:
SRI.S.KRISHNAMOORTHY, CGC
SRI.NAGARAJ NARAYANAN
SRI.SAIJO HASSAN
SRI.U.M.HASSAN
SMT.BINCY JOB
SRI.SALMAN FARIS
SRI.BENOJ C AUGUSTIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 14.01.2026, THE COURT ON 26.02.2026 DELIVERED
THE FOLLOWING:
2026:KER:16178
W.P.(C) No.5199/2023
:4:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.5199 of 2023
`````````````````````````````````````````````````````````````
Dated this the 26th day of February, 2026
JUDGMENT
~~~~~~~~~
The petitioner, who participated in the
selection proceeding for appointment to the post of
Assistant Professor (English) in the 5th respondent's
College, is aggrieved by the selection of the 8 th respondent
and rejection of the petitioner's candidature for appointment.
2. The petitioner states that four vacancies
of Assistant Professor (English) were notified. After
shortlisting, the candidates were interviewed. The cut off
marks was fixed at 52. Interview was held on 15.11.2021
and ranklist was prepared on 16.11.2021. In the select list,
2026:KER:16178
persons with more score at the time of shortlisting are
denied appropriate ranks in the final list. The 8th respondent
was included as rank No.2 whereas the petitioner was
included as rank No.5.
3. According to the petitioner, the 8th
respondent is less meritorious. As number of notified posts
was only 4, thrice or five times of that number need only be
called for interview. However, the respondents fixed cut off
marks as 52 with the sole intention to permit the 8 th
respondent to appear for the interview. This shows the
clear malice of the Selection Committee.
4. The Selection Committee granted 2.8
marks to the 8th respondent under the head "research
publication", increasing her total marks as 52.8 illegally.
The petitioner would urge that the publications made by the
8th respondent are in journals which were removed from
UGC list of journals in the year 2019. Therefore, she is not
2026:KER:16178
entitled to get 1.4 marks for publication. Another 1.4 marks
also was granted to the 8th respondent for publication
illegally.
5. The journal in which the work was
published is a predatory/dubious journal and cannot be
treated as authentic "peer reviewed journal". The petitioner
asserts that when the marks awarded to the 8 th respondent
under the head "research publication" is deducted, she falls
below the cut off fixed for shortlisting the candidates for
interview. Nevertheless, the 3rd respondent issued Ext.P11
order dated 12.07.2022 approving the appointment of the 8 th
respondent. Ext.P7 is therefore highly illegal and arbitrary,
contends the petitioner.
6. The counsel for the petitioner relied on the
Full Bench judgment of this Court in Ravidas M. and
another v. Kerala Public Service Commission and
others [2009 (2) KLT 295] wherein this Court has held that
2026:KER:16178
number of candidates to be called for interview in the order
of the marks obtained in the written examination, should not
exceed twice or at the highest thrice the number of
vacancies to be filled. The counsel for the petitioner relied
on the judgment of the Hon'ble Apex Court in Ashok
Kumar Yadav and others v. State of Haryana and others
[(1985) 4 SCC 417] wherein it was held that where there is
a composite test consisting of a written examination
followed by a viva voce test, the number of candidates to be
called for interview should not exceed twice or thrice the
number of vacancies to be filled.
7. Respondents 5 to 7 filed counter affidavit.
The respondents stated that altogether four persons were
selected after the interview. The grievance of the petitioner
is only with respect to the appointment of the 8 th
respondent. According to the petitioner, the 8 th respondent
was granted a total of 2.8 marks illegally under the head
2026:KER:16178
'Research Publications'. But, the said contention is
absolutely incorrect. The published works of the 8 th
respondent appeared in the peer reviewed journals which
are equivalent to UGC listed journals. The petitioner, on
relying Ext.P9, had contended that the publication of the
work titled "Seduction of Innocence : Sketching of Racist
Elements in Animated Cartoons" is a dubious one. But, the
same is not correct since Ext.P8 is published on 01.01.2021
and Ext.P9 is published only on 01.01.2023 which is on a
subsequent date.
8. Likewise, the allegation with respect to the
other work of the 8th respondent titled "Green Shades of
Feminity : An Echofeministic Study of Selected Poems of
Sugathakumari and Kamala Das" is also not correct.
Ext.P10 is seen to be published only on 01.01.2023,
whereas Ext.P6 work of the petitioner is published as early
as in January, 2021. Hence, the entire allegation against the
2026:KER:16178
selection of the 8th respondent is baseless.
9. The 8th respondent filed a counter affidavit.
The 8th respondent stated that UGC Regulations, 2018 do
not mandate that the research article to be assessed should
be published in UGC-CARE listed journals or in the old
UGC approved list of journals. So also, the 2018 UGC
regulations do not prohibit the assessment of a research
article, which is published in a peer reviewed journal, which
is excluded from or not included in the UGC approved list of
journals. The UGC Regulations, 2018 only mandate that the
research article be published in a peer reviewed journal
irrespective of whether it is included or not in the UGC
approved list of journals or UGC-CARE listed journals.
Hence, the arguments of the petitioner in paragraphs nos.5
to 8 of the writ petition have no legal legs to stand.
10. The 9th respondent-UGC also filed a
statement. The 9th respondent submitted that as far as the
2026:KER:16178
UGC cancelled list of Journals is concerned, the Journal
titled 'International Journal of English Language, Literature
in Humanities (IJELLH)' with Publisher's Name - Smart
Moves c/o Support Foundation, was in the "UGC Approved
List of Journals" in Serial No.43979. This Journal was
added on 15th May, 2017 and the same was removed on
26th July, 2017, as they failed to meet the checklist filtering
criteria developed by the UGC Standing Committee on
Journals used for inclusion of Journals in the UGC-
approved list of Journals.
11. The 9th respondent submitted that the
cancelled list of Journals ceased to exist and with effect
from 14th June, 2019 onwards, the UGC CARE list of
Journals came into effect. The Old UGC-approved list of
Journals was cancelled and the UGC CARE list was
effected from 14th June, 2019.
2026:KER:16178
12. I have heard the learned counsel for the
petitioner, learned Government Pleader representing
respondents 1 and 2, learned counsel appearing for
respondents 5 to 8 and the respective Standing Counsel
appearing for respondents 3, 4 and 9.
13. The petitioner is challenging the selection
and appointment of the 8th respondent as Assistant
Professor (English) in the College managed by the 5th
respondent. A selection was conducted which was
inclusive of written test and interview. The pleadings would
indicate that selection has been conducted in accordance
with the UGC Regulations 2018 as well as the relevant
University orders issued by the University of Kerala. The
Selection Committee consisted of Government nominee
and subject experts nominated by the University as per the
UGC Regulations.
2026:KER:16178
14. The argument of the petitioner is that
instead of inviting candidates three or five times number of
vacancies, the respondents have invited more number of
candidates so as to bring the 8 th respondent within the zone
of consideration for interview. Instead of fixing the cut off
mark in the written examination as 55 or 60, the cut off mark
was brought down to 52 with the sole intention to permit the
8th respondent to appear for interview.
15. I do not find any illegality or irregularity in
fixing of cut off marks as 52. The final selection was based
on the performance of the candidate in the interview. The
post to which appointment is made is "Assistant Professor".
If the appointing authority or selection committee desired to
have a wider zone of consideration, it cannot be said to be
illegal. It is to be noted that the selection was conducted by
a committee constituted as per UGC Regulations in which a
UGC nominee as well as University nominee were present.
2026:KER:16178
16. The Full Bench judgment relied on by the
petitioner in Ravidas M. and another (supra) will not be of
any assistance to the petitioner as the recruitment
concerned in the said case was by the Kerala Public
Service Commission. In the judgment in Ashok Kumar
Yadav and others (supra) also, the recruitment related to
one conducted by the Haryana Public Service Commission.
In the present case, the selection is for appointment to a
private college. If a private educational desires wider zone
of consideration for selection and considers more number of
candidates in interview, it cannot be termed as arbitrary as
long as there is no statutory prohibition.
17. The further argument of the petitioner is
that the 8th respondent was unnecessarily given 2.8 marks
for her publications and the works were not published in
UGC recognised journals. According to the petitioner, those
were published in predatory/dubious journals which cannot
2026:KER:16178
be treated as authentic "peer reviewed journal". In this
regard, it is to be noted that the UGC Regulations do not
insist that the research articles to be assessed should be
published in UGC listed journals. The UGC Regulations do
not prohibit assessment of research articles in a peer
reviewed journal which is not included in the UGC approved
list of journals.
18. Whether the journals in which the 8 th
respondent has published his papers has the status as a
peer reviewed journal is one for the experts to decide. A
duly constituted selection committee which included a
representative of the UGC and another representative of the
University have assessed the papers published by the
candidates and have come to their conclusion. I do not find
any material to come to a conclusion that the research
articles of the 8th respondent are copied or plagiarized.
2026:KER:16178
19. There is nothing on record to show that
any of the UGC Guidelines have been violated while
selecting the 8th respondent. The selection committee is
empowered to consider the published works. There is
nothing on record to doubt the action of the selection
committee in ranking the candidates. In academic matters,
unless there is a clear violation of statutory provisions, the
regulations or the notification issued, the courts shall keep
their hands off since those issues fall within the domain of
the experts.
For all the above facts, I do not find any
reason to interfere in the selection. The writ petition
therefore fails and it is dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/23.02.2026
2026:KER:16178
APPENDIX OF WP(C) NO. 5199 OF 2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FORM
DATED 22.07.2021 SUBMITTED BY THE
PETITIONER FOR SELECTION AND
APPOINTMENT TO THE POST OF
ASSISTANT PROFESSOR (ENGLISH) IN
THE 5TH RESPONDENT'S COLLEGE.
Exhibit P2 TRUE COPY OF THE LETTER
NO.BJCSIC(M) 1107/2022/MISC. DATED
14.09.2022 ISSUED BY THE 5TH
RESPONDENT TO SMT.ROSHINI C (THE
PETITIONER) ON HER RTI APPLICATION
DATED 29.08.2022.
Exhibit P3 TRUE COPY OF THE LETTER
NO.BJCSIC(M)1107/2022"ISC(2) DATED
09.01.2023 ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER ALONG
WITH THE TABLE ATTACHED TO IT.
Exhibit P4 TRUE COPY OF THE STATEMENT SHOWING
THE DETAILS OF MARKS GIVEN TO THE
CANDIDATES FOR SHORTLISTING THEM
FOR INTERVIEW.
Exhibit P5 TRUE COPY OF THE RANKED LIST DATED
16.11.2021 FOR SELECTION AND
APPOINTMENT TO THE POST OF
ASSISTANT PROFESSOR (ENGLISH) IN
THE 5TH RESPONDENT COLLEGE
Exhibit P6 TRUE COPY OF THE WORK TITLED "GREEN
SHADES OF FEMINITY: AN
ECOFEMINISTIC STUDY OF SELECTED
POEMS OF SUGATHAKUMARI AND KAMALA
DAS" IN THE JOURNAL SMART MOVES
JOURNAL IJELLH VOLUME 9 DATED
1.JAN.2021"
Exhibit P7 TRUE COPY OF THE RELEVANT PART OF
THE NOTIFICATION DATED 14.06.2019
SHOWING THE LIST OF JOURNALS
2026:KER:16178
REMOVED FROM THE UGC CARE LIST
Exhibit P8 TRUE COPY OF THE WORK TITLED
"SEDUCTION OF INNOCENCE SKETCHING
OF RACIST ELEMENTS IN ANIMATED
CARTOONS" PUBLISHED IN THE JOURNAL
"INTENATIONAL JOURNAL OF CREATIVE
RESEARCH THOUGHTS (IJCRT) VOLUME 9.
DATED 1 JAN.2021" BY THE 8TH
RESPONDENT.
Exhibit P9 TRUE COPY OF THE WORK TITLED
"MANIPULATION OF IGNORANCE:
SKETCHING OF RACIST ELEMENTS IN
ANIMATED FILMS" IN THE NAME OF
JOVANA FRODE, RESEARCH SCHOLAR,
MAHATMA GANDHI UNIVERSITY BY THE
PETITIONER.
Exhibit P10 TINE COPY OF THE WORK TITLED "GREEN
SHADES OF FEMINITY: AN
ECOFEMINISTIC STUDY OF SELECTED
POEMS OF SUGATHAKUMARI AND KAMALA
DAS", BY JOVANA FRODE RESEARCH
SCHOLAR, MAHATMA GANDHI UNIVERSITY
PUBLISHED IN THE "INTEMATIONAL
JOURNAL OF CREATIVE RESEARCH
THOUGHTS (IJCRT)" VOLUME 11, DATED
2ND FEBRUARY 2023.
Exhibit P11 A TRUE COPY OF THE ORDER
NO.5207/2022/UOK DATED 12.07.2022
ISSUED BY THE 3RD RESPONDENT
Exhibit P12 A TRUE COPY OF THE LETTER
NO.F.NO.1-165/2023(RIA) DATED
17.04.2023 ISSUED BY THE DEPUTY
SECRETARY CPIO, UGC, NEW DELHI
Exhibit P13 TRUE COPY OF THE GUIDELINES ISSUED
BY (COPE) COMMITTEE ON PUBLICATION
ETHICS : GUIDELINES ON GOOD
PUBLICATION PRACTICE AS DOWNLOADED
FROM THE LINK GIVEN IN EXT.P12
Exhibit P14 TRUE COPY OF THE STATUS OF THE
PUBLICATION WITH REGISTRATION ID :
IJCRT-230823 (EXT.P8) WHICH CLEARLY
SHOWS THAT PUBLICATION IS DONE
2026:KER:16178
WITHIN 1-2 DAYS
Exhibit P15 TRUE COPY OF THE SCREEN SHOT OF THE
RELEVANT WEB PAGE OF THE IJCRT
PUBLICATION
Exhibit P16 A TRUE COPY OF THE STATEMENT
PREPARED BY THE PETITIONER SHOWING
THE FACTORS NEEDED FOR A PEER
REVIEWED JOURNAL
Exhibit P17 A TRUE COPY OF THE WORK TITLED 'THE
ECOCRITICAL STUDY OF SELECTED POEMS
OF SUGATHAKUMARI AND KAMALA DAS:
EXPLORING THE SHADES OF FEMININITY'
PUBLISHED BY LILLIAN DORES IN THE
JOURNAL (IJCRT )
Exhibit P18 A TRUE COPY OF THE CERTIFICATE
ISSUED BY THE BOARD OF IJCRT TO
LILLIAN DORES FOR PUBLISHING
EXT.P17
Exhibit P19 A TRUE COPY OF THE WORK TITLED
'SOCIO-CULTURAL REFLECTIONS OF
DIASPORIC SENSIBILITY: A STUDY OF
KHALED HOSSEINI'S THE KITE RUNNER'
PUBLISHED IN IJCRT BY RITHIKA V R
Exhibit P20 A COPY OF THE CERTIFICATE ISSUED BY
IJCRT FOR THE WORK TITLED ' SOCIO-
CULTURAL REFLECTIONS OF DIASPORIC
SENSIBILITY: A STUDY OF KHALED
HOSSEINI'S THE KITE RUNNER'
PUBLISHED IN IJCRT BY RITHIKA V R
Exhibit P21 A TRUE COPY OF THE CERTIFICATE
ISSUED BY IJCRT FOR THE WORK TITLED
'MANIPULATION OF IGNORANCE:
SKETCHING OF RACIST ELEMENTS IN
ANIMATED FILMS' IN THE NAME OF
JOVANA FRODE
RESPONDENT'S ANNEXURES
ANNEXURE R3(a) THE TRUE COPY OF THE UNIVERSITY
ORDER NO. 5297/2022/UOK DATED
12.07.2022
2026:KER:16178
ANNEXURE R3(b) THE TRUE COPY OF THE UNIVERSITY
ORDER NO.ACFII/GENERAL/UGC-R-
2018/2019 DATED 09.09.2021
RESPONDENT'S EXHIBITS
Exhibit R9(a) TRUE COPY OF THE PUBLIC NOTICE
DATED 28.11.2018
Exhibit R9(b) TRUE COPY OF THE PUBLIC NOTICE
DATED 14.6.2019
Exhibit R9(c) TRUE COPY OF THE PUBLIC NOTICE
DATED 16.9.2019
Exhibit R8(a) TRUE COPY OF THE EMAIL DATED
03.03.2023 ISSUED BY THE 8TH
RESPONDENT TO THE EDITOR FOR THE
JOURNAL IJCRT
EXHIBIT R8(b) TRUE COPY OF THE REPLY EMAIL DATED
06.03.2023 FROM THE EDITOR IN CHIEF
OF THE JOURNAL IJCRT TO THE 8TH
RESPONDENT THE THE TRAILING MAIL
