High Court of KeralaWP(C)/11182/2015closed

Amruth G Kumar v. The Central University Of Kerala

2015-06-22Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 WP(C).No. 11182 of 2015 (W) ---------------------------- PETITIONER(S):

-------------------------- AMRUTH G KUMAR, AGED 38 YEARS S/O.R.GOPALAKRISHNAN NAIR, ASSISTANT PROFESSOR PONDICHERRY CENTRAL UNIVERSITY HAVING RESIDENCE AT DEVAMRUTH, ADITHYA NAGAR OTTAPPALAM, PALAKKAD.

BY ADV. SRI.NIRMAL V NAIR RESPONDENT(S):

----------------------------

1. THE CENTRAL UNIVERSITY OF KERALA REPRESENTED BY THE REGISTRAR, TEJASWINI HILLS PERIYE PO, KASARAGOD - 671 316.

2. THE VICE CHANCELLOR CENTRAL UNIVERSITY OF KERALA, TEJASWINI HILLS PERIYE PO, KASARAGOD - 671 316.

R1 & 2 BY ADV. SRI.V.SAJITH KUMAR, SC, CENTRAL UNIVERSITY OF KERALA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11182 of 2015 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: A TRUE COPY OF THE NOTIFICATION NO.CUK R/RE2/2015 DTED 06/02/2015 ISSUED BY THE 1ST RESPONDENT.

EXT.P2: A TRUE COPY OF THE RELEVANT PAGES OF THE UGC REGULATIONS 2010.

EXT.P3: A TRUE COPY OF THE NCTE NOTIFICATION NO.F.51-1/2014-NCTE (N&S) DATED 28/11/2014.

EXT.P4: A TRUE COPY OF THE MINUTES OF THE SUB COMMITTEE ACADEMIC COUNCIL.

EXT.P5: A TRUE COPY OF THE CALL LETTER FOR THE INTERVIEW TO BE HELD ON 08/04/2015 ISSUED BY THE 1ST RESPONDENT.

EXT.P6: A TRUE COPY OF THE RECOMMENDATION OF THE SUB-COMMITTEE OF THE EXECUTIVE COUNCIL.

RESPONDENT(S)' EXHIBITS:

NIL.

--------------------------------------- //TRUE COPY// P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.11182 OF 2015 (W) ----------------------------------- Dated this the 22nd day of June, 2015

J U D G M E N T

The petitioner had approached this Court through the present writ petition, aggrieved by an alleged alteration in the criteria for selection to the post of Associate Professor, to which selection, he was also a participant. By an interim order dated 6.4.2015, this Court had directed that the interview scheduled in connection with the selection process could go on, but no appointments could be effected to the post of Associate Professor without obtaining orders from this Court in respect of candidates to whom call letters were issued.

2. When the matter came up for orders today, it was submitted by counsel for the respondent University that pursuant to the direction of this Court, the selection process was conducted strictly in accordance with the Academic Council Regulations, and, hence, the anxiety of the petitioner, as averred in the writ petition, stood redressed by the said action of the respondent University in conducting the selection proceedings strictly in accordance with the

W.P.(C).No.11182/2015 Academic Council Regulations. It is submitted by counsel for the petitioner that, on account of the pendency of the writ petition, the selection proceedings, in respect of the petitioner, has been treated as provisional and subject to the result of the writ petition. It is the case of the petitioner that, inasmuch as the selection process is stated to have been done in strict compliance with the Academic Council Regulations, the writ petition may be closed by issuing a suitable direction to the respondent University to treat the petitioner at par with other candidates, who had appeared to the interview in the matter of publishing of the rank list and further proceedings.

3. I have heard the learned counsel for the petitioner as also the learned Standing counsel for the respondent University.

4. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and also taking note of the submission of counsel for the respondent University that the selection process was conducted strictly in accordance with the Academic Council Regulations, which fact is not disputed by counsel for the petitioner, I direct that the selection proceedings can continue

W.P.(C).No.11182/2015 from the stage at which they presently are, and the petitioner shall be treated at par with the other candidates in the matter of publication of the result and further proceedings.

The writ petition is accordingly closed.

A.K.JAYASANKARAN NAMBIAR JUDGE prp