The High Court dismissed a writ petition challenging the selection of respondents as lecturers in Geology at the University of Kerala. The court held it could not act in appeal and found no merit in the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
WEDNESDAY, THE 17TH DAY OF JULY 2013/26TH ASHADHA, 1935
WP(C).No. 7279 of 2004 (N)
PETITIONER(S):
DR.N.R.NISHA, CHITHIRA,
MUNDAYIL, VARKALA P.O.
BY ADV. SRI.P.GOPALAKRISHNAN NAIR (VAIKOM)
RESPONDENT(S):
1. UNIVERSITY OF KERALA REPRESENTED BY THE REGISTRAR, UNIVERSITY OFFICE THIRUVANANTHAPURAM.
2. SYNDICATE OF THE KERALA UNIVERSITY, REPRESENTED BY THE ITS SECRETARY-REGISTRAR UNIVERSITY OF KERALA, UNIVERSITY OFFICE THIRUVANANTHAPURAM.
3. VICE CHANCELLOR, KERALA UNIVERSITY,
EX-OFFICIO CHAIRMAN REPRESENTING THE SELECTION COMMITTEE FOR SELECTION TO THE POST OF LECTURER IN GEOLOGY IN FEBRUARY, 2004 IN THE UNIVERSITY OF KERALA, KERALA UNIVERSITY, UNIVERSITY OFFICE THIRUVANANTHAPURAM.
4. R.B.BINOJ KUMAR, DEPARTMENT OF GEOLOGY UNIVERSITY OF KERALA, KARIAVATTOM, THIRUVANANTHAPURAM.
5. RAJEESH RAGHUNATH, DEPARTMENT OF
R1 TO 3 BY SRI.M.K.CHANDRAMOHAN DAS,SC,KERALA UNIVERSITY. R4,5 BY ADV. SRI.N.NANDAKUMARA MENON (SR.) R4,5 BY ADV. SRI.K.VINODKUMAR R4,5 BY ADV. SRI.P.K.MANOJKUMAR R4,R5 BY ADV. SMT.RESMI RAMACHANDRAN
R1 TO R3 BY SRI.S.GOPAKUMARAN NAIR, SC KERALA UNIVERSITY. R1 TO R3 BY ADV. SRI.M.RAJAGOPALAN NAIR R1-3 BY GEORGE POONTHOTTAM (BY ORDER)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7279 of 2004 (N)
APPENDIX
PETITIONER'(S) EXHIBITS:
EXT.P1 COPY OF THE NOTIFICATION AD.H.1.401/2003 DATED 3.2.2003. EXT.P2 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT DATED 3.4.2003. EXT.P3 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13.2.2004. EXT.P4 COPY OF THE PRESS RELEASE NO.P.R.389.2004 DATED 20.02.2004 BY THE 1ST RESPONDENT. EXT.P5 COPY OF THE UNIVERSITY ORDER NO.AD.H.1/3020/99 DATED 6.9.2000.
RESPONDENT'(S) EXHIBITS:
EXT.R1(a) COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE HELD ON 20.02.2004.
EXT.R4(a) COPY OF THE DEGREE CERTIFICATE DOCTOR OF PHILOSOPHY IN GEOLOGY DATED 3.4.1996 ISSUED BY THE ANNAMALI UNIVERSITY TO R4.
EXT.R4(b) COPY OF DEGREE MASTER OF SCIENCE IN GEOLOGY NO.3789 DATED 18.2.1991 ISSUED BY THE ANNAMALAI UNIVERSITY TO R4.
EXT.R4(c) COPY OF THE RANK CERTIFICATE M.SC GEOLOGY DEGREE NO.933 REG.NO.3789 DATED 31.7.1990 FOLIO NO.238 ISSUED BY ANNAMALAI UNIVERSITY TO R4.
EXT.R4(d) COPY OF THE STATEMENT OF MARKS FOR THE M.SC DEGREE REG.NO.3789 DATED 31.7.1990 FOLIO NO.238 ISSUED BY ANNAMALAI UNIVERSITY TO R4.
EXT.R4(e) COPY OF THE B.SC DEGREE CERTIFICATE REG.NO. 2ND YEAR 3163 A'87 3RD YEAR 3163 A'88 DATED 23.5.1989 ISSUED BY THE UNIVERSITY OF KERALA TO R4.
EXT.R4(f) COPY OF THE FINAL YEAR B.SC DEGREE MARKLIST NO.28 DATED APRIL, 1988 ISSUED BY THE UNIVERSITY OF KERALA TO R4.
EXT.R4(g) COPY OF THE ELIGIBILITY CERTIFICATE NO.14103 DATED 30.11.2001 FOLIO NO.AC.C.34275/2001 ISSUED BY THE UNIVERSITY OF KERALA TO R4.
EXT.R4(h) COPY OF THE TEACHING EXPERIENCE CERTIFICATE DATED 17.11.1994 TO ANNAMALAI UNIVERSITY ISSUED BY ANNAMALAI UNIVERSITY TO R4.
EXT.R4(i) COPY OF THE DEGREE CERTIFICATE DOCTOR OF PHILOSOPHY DATED 9.2.2002 ISSUED BY THE MANGALORE UNIVERSITY TO R5.
WP(C).No. 7279 of 2004 (N)
EXT.R4(j) COPY OF THE DEGREE CERTIFICATE MASTER OF PHILOSOPHY NO.0034172 DATED 19.2.1997 ISSUED BY THE MANGALORE UNIVERSITY TO R5.
EXT.R4(k) COPY OF THE M.SC DEGREE MASTER OF SCIENCE IN MARINE GEOLOGY SL.NO.007289/89 REG.NO.9126932 DATED 24.1.1994 ISSUED BY THE MANGALORE UNIVERSITY TO R5.
EXT.R4(l) COPY OF THE MARKLIST FOR M.SC DEGREE BOOK NO.7930 SL.A.NO.0792928 TO R5 DATED 5.7.93.
EXT.R4(m) COPY OF THE ELIGIBILITY CERTIFICATE NO.158 FOLIO NO.AC.C.13745/03 DATED 2.4.2003 ISSUED BY THE UNIVERSITY OF KERALA TO R5.
EXT.R4(n) COPY OF THE FINAL YEAR B.SC DEGREE MARKLIST SL.NO.27 NO.39 E.D.VIII DATED 7.5.1991 ISSUED BY THE UNIVERSITY OF KERALA TO R5.
EXT.R4(o) COPY OF THE RESEARCH EXPERIENCE CERTIFICATE NO.574 199 DATED 8.12.1999 ISSUED BY THE MANGALORE UNIVERISTY TO THE 5TH RESPONDENT.
EXT.R4(p) COPY OF THE EXPERIENCE CERTIFICATE NO.CESS/ADM/DST49/9152/2002 DATED 5.2.2004 ISSUED BY THE REGISTRAR CENTRE FOR EARTH SCIENCE STUDIES, TVM TO THE 5TH RESPONDENT.
EXT.R4(q) COPY OF THE EXPERIENCE CERTIFICATE NO.57419 DATED 31.3.1998 ISSUED BY DR.T.R.SREEDHARA MURTHY, PROFESSOR AND CHAIRMAN, DEPARTMENT OF MARINE GEOLOGY, MANGALORE UNIVERSITY TO THE 5TH RESPONDENT.
EXT.R4(r) COPY OF THE EXPERIENCE CERTIFICATE NO.UCM/EST/EX.CER/1060/99-2000/F2 DATED 8.12.1999 ISSUED BY THE PRINCIPAL, UNIVERSITY COLLEGE, MANGALORE TO THE 5TH RESPONDENT.
EXT.R4(s) COPY OF THE LIST SHOWING THE DETAILS OF THE PAPERS PUBLISHED BY THE 5TH RESPONDENT PAPERS PUBLISHED IN JOURNALS.
//TRUE COPY//
PA TO JUDGE
BKA
B.P.RAY, J.
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W.P.(C)No.7279 OF 2004
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Dated this the 17th day of July, 2013
JUDGMENT
Heard learned counsel for the parties and perused the materials available on record.
W.P.(C)No.7279 OF 2004
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A detailed counter affidavit has also been filed on behalf of respondents 4 and 5 wherein it is stated that the selection committee has evaluated the merit of the candidates strictly in accordance with law and in accordance with the norms laid down by the University. No legal grounds have been made by the petitioner to assail the selection of respondents 4 and 5.
W.P.(C)No.7279 OF 2004
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process done by the University at this distance of time. I do not find any
merit in the writ petition.
Writ petition is dismissed.
B.P.RAY, JUDGE
jes
3 issues framed by the court
Whether the court can entertain a writ petition challenging the selection process for a lecturer post after a significant lapse of time.
Whether an unsuccessful candidate who participated in the selection process is estopped from challenging the criteria applied to appointees.
Whether the selection committee's evaluation of candidates' qualifications was free from legal infirmity.
Colour shows how this judgement treated each authority
Dhananjay Malik v. State of UttaranchalReferred¶58
Dhananjay Malik v. State of Uttaranchal 2008 (2) KLT 969 (SC)
Dr. N.R. Nisha
University of Kerala represented by the Registrar
Syndicate of the Kerala University
Vice Chancellor, Kerala University
R.B. Binoj Kumar
Rajeesh Raghunath
B.P. Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
