Petitioner, ranked 14th in an Assistant Professor examination, challenged denial of appointment citing qualification equivalence. Previous writ petition was dismissed as covered by a Division Bench decision holding AICTE competent to prescribe qualifications. This petition was dismissed on the same ground.
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 K.HARILAL
WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937
WP(C).No. 7433 of 2012 (D)
PETITIONER(S):
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SURESH, AGED 41 YEARS, S/O.R.VASUDEVAN PILLAI, KOIKKALAM PARAMBIL, EDASSERIMALA, ARNMULA P.O., PALAPPUZHA DISTRICT.
BY ADV. SRI.JESWIN P.VARGHESE
RESPONDENT(S):
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CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION, CO-OPERATIVE BANK TOWERS, IST FLOOR, VIKAS BHAVAN P.O., TRIVANDRUM PIN-695033, REP.BY ITS DIRECTOR
BY ADV. SRI.C.UNNIKRISHNAN,SC,CO-OP ACADEMY OF ADV. SRI.E.K.MADHAVAN ADV. SRI.V.KRISHNA MENON ADV. SMT.P.VIJAYAMMA ADV. SRI.P.J.ANILKUMAR ADV. SMT.J.SURYA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7433 of 2012 (D)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 - TRUE COPY OF NOTIFICVATION ISSUED BY THE RESPONDENT.
EXT.P2 - TRUE COPY OF THR APPLICATION SUBMITTED BY THE PETITIONER DATED 1/9/2011.
EXT.P3 - TRUE COPY OF THE NOTIFICATION ISSUED BY THE CENTRAL GOVERNMENT DATED 16/1/2006.
EXT.P4 -TRUE COPY OF THE LETTER ISSUED BY AICTE DATED 8/1/2001.
EXT.P5 - TRUE COPY OF THE REPRESENTATION SUBMITTED THE RESPONDENT DATED 26/11/2011.
EXT.P6 - TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT DATED 6/1/2012.
EXT.P7 - TRUE COPY OF THE NOTIFICATION OF THE RESPONDENT PUBLISHED IN THE MATHRUBHUMI NEWSPAPER DATED 21/8/2011.
EXT.P8 - TRUE COPY OF THE RELEVANT PAGES OF THE REGULATIONS PUBLISHED BY THE UGC DATED 30/6/2010.
EXT.P9 - TRUE COPY OF MASTER'S DEGREE CERTIFICATE ISSUED BY ANNA UNIVERSITY UNDER THE FACULTY OF CIVIL ENGINEERING.
EXT.P10 - TRUE COPY OF CERTIFICATE FOR PASSING AMIE SECTION A & B ISSUED BY INSTITUTION OF ENGINEERS (INDIA) DATED 26/10/2002.
EXT.P11 - TRUE COPY OF ASSOCIATE MEMBERSHIP CERTIFICATE ISSUED BY THE INSTITUTION OF ENGINEERS (INDIA) DATED 25/9/2002.
EXT.P12 - TRUE COPY OF THE EQUIVALENCY CERTIFICATE ISSUED BY MAHATMA GANDHI UNIVERSITY, KOTTAYAM DATED 30/4/2012.
EXCT.P13 - TRUE COPY OF THE NOTIFICATION ISSUED BY THE UGC.
EXT.P14- TRUE COPY OF THE NOTIFICATION ISSUED BY THE RESPONDENT DATED 30/3/2013.
EXT.P15 - TRUE COPY OF NOTIFICATION NO.F.18-4/78-T7 ISSUED BY THE GOVERNMENT OF INDIA DATED 16/8/1978.
EXT.P16 - TRUE COPY OF EXPERIENCE CERTIFICATE ISSUED BY INDIAN INSTITUTE OF SCIENCE, BANGALORE DATED 24/7/2014.
EXT.P17 - TRUE COPY OF THE LIST OF YFRA AWARDEES - 2003 PUBLISHED BY IIT, MADRAS.
RESPONDENT'S EXHIBITS:
EXT.R1 - TRUE COPY OF THE LETTER DATED 15/7/2014 OF THE DIRECTION OF TECHNICAL EDUCATION.
EXT.R2 - TRUE COPY OF THE LETTER DATED 19/7/2011 OF AICTE.
//true copy//
P.S. to Judge
K. HARILAL, J.
W.P. (C) No.7433 of 2012-D
-----------------------------------------------------Dated this the 4th day of November, 2015
JUDGMENT
The petitioner is graduate in Section A & B (Civil Engineering) of the Associate Member in Institution of Engineers (AMIE) in the year 2001 with 50.02% marks and Post Graduate in Civil Engineering in the year 2011 with 83.68% marks from Anna University, Chennai. The respondent invited application to different posts in their Engineering College. As per Ext.P1 notification, the candidates possessing BE/B.Tech or equivalent are entitled to apply to the post of Assistant Professor (Civil Engineering). According to the petitioner, he is qualified to apply and he applied for the said post. His qualification is equivalent to BE/B.Tech., as per Ext.P3 notification
W.P. (C) No.7433 of 2012 -: 2 :-
issued by the Central Government; but the respondent has not issued registration number to the petitioner to participate in the examination. Being aggrieved by the denial of right to appear in the examination, the petitioner filed this writ petition seeking to issue a writ of mandamus or order or direction to the respondent to permit the petitioner to participate in the examination to the post of Assistant Professor (Civil Engineering) scheduled to 24/3/2012 and to declare his result. A declaration was also sought for to the effect that he is qualified to apply to the post of Assistant Professor (Civil Engineering) in the Engineering College under the respondent.
W.P. (C) No.7433 of 2012 -: 3 :-
order, the petitioner appeared in the examination and he is included in the rank list at rank No.14. Thereafter, the candidates ranked as '15, 21, 23 and 25' were given appointment to the post. Aggrieved by the denial of appointment, the petitioner again approached this Court and fled W.P.(c) No.16315/2013 with a prayer to quash the order appointing his juniors ranked as '15, 21, 23 and 25' and also to declare that he is qualified to be appointed to the said post.
W.P. (C) No.7433 of 2012
-: 4 :-
petition was heard on 15/6/2015 and this Court dismissed the same on a finding that the judgment is covered by the decision of the Division Bench in W.A. No.1276/2014 wherein it was stated that AICTE is competent to prescribe the qualification.
W.P. (C) No.7433 of 2012
-: 5 :-
With the above observations, this writ petition will stand dismissed.
Sd/-
(K. HARILAL, JUDGE)
Nan/
//true copy//
P.S. to Judge
W.P. (C) No.7433 of 2012 -: 6 :-
3 issues framed by the court
Whether a writ petition challenging denial of appointment after a previous similar petition was dismissed is maintainable given the prior judgment.
Whether the petitioner's qualification (AMIE) is equivalent to BE/B.Tech for the post of Assistant Professor.
Whether the respondent is justified in refusing appointment to the petitioner despite his rank in the examination.
SURESH
CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION
K.HARILAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
