Petitioner challenged rank list for Assistant Professor appointment, alleging arbitrary lower marks against her. Court directed University to verify selection compliance and communicate outcomes. Leave for other pending issues retained.
Writ petition allowed with direction to verify selection process compliance and communicate results to petitioner.
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 DEVAN RAMACHANDRAN
WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA,
1944
WP(C) NO. 6815 OF 2021
PETITIONER:
G.SHIRMILA JOSE AGED 46 YEARS, W/O.JOSE PRAKASH, T.C.65/1521, J S VILLA, KALLUPARAMBATHU, PUNCHAKKARI, THIRUVALLOM P.O., TRIVANDRUM - 695 027, (GUEST LECTURER, ALL SAINTS COLLEGE, THIRUVANANTHAPURAM). BY ADVS. SMT.SINDHU SANTHALINGAM SRI.ABRAHAM K GEORGE
RESPONDENTS:
1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM - 695 001. 2 UNIVERSITY OF KERALA O/O. THE UNIVERSITY OF KERALA, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY THE REGISTRAR. 3 SELECT COMMITTEE CONSTITUTED FOR SELECTION TO THE POST OF ASSISTANT PROFESSOR (BOTANY) REP. BY THE CONVENER, ALL SAINTS' COLLEGE, THIRUVANANTHAPURAM - 695 007. 4 DR.PRESSY P.PRAKASIA ASSISTANT PROFESSOR, ALL SAINT'S COLLEGE, THIRUVANANTHAPURAM - 695 007. 5 DR.STEPHIN S. POST DOCTORAL FELLOW, DEPARTMENT OF BOTANY, UNIVERSITY OF KERALA, KARIYAVATTOM, TRIVANDRUM - 695 581. 6 ALL SAINT'S COLLEGE BEACH P.O., THIRUVANANTHAPURAM - 695 007, REPRESENTED BY THE PRINCIPAL.
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BY ADVS. SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI.N.KRISHNA PRASAD SRI.N.ANAND SRI.P.SHANES METHAR SRI.DEEPAK VARUGHESE MATHEW SMT.RESMI THOMAS - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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DEVAN RAMACHANDRAN, J.
=========================
W.P.(C).No. 6815 of 2021
========================== Dated this the 23rd November, 2022
JUDGMENT
The petitioner, who applied for the post of Assistant Professor in Botany, pursuant to a notification issued by the 6th respondent – “All Saint's College” (“College” for short), alleges that she has been placed No.3 in the rank list, below respondents 4 and 5, for confutative and questionable reasons, particularly when she is the most qualified and most experienced out of all the candidates. She asserts that she ought to have been placed rank No.1 in the list and to have been granted the appointment, which is now unfairly given to the first rank holder, namely the 3rd respondent. She thus prays that it be declared that grant of higher marks to respondents 4 and 5 in the interview is arbitrary and illegal.
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candidates, it was verified that all relevant statutory and legal parameters have been complied with. He submitted that, to the information that he has now, the proposal for approval of the appointment of the 3rd respondent had been considered by the University and it has been granted provisionally, subject to the result of this writ petition. He added that if this Court is so inclined, the competent Authority of the University is willing to again verify if
the selection processes had complied with all mandatory requirements when the approval is finalised.
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Resultantly, I allow this writ petition to the limited extent as afore; with a consequential direction to the competent Authority of the University to act in terms of my above observations and to communicate the resultant proceedings to the petitioner in due course.
At this time Smt.Sindhu Santhalingam – learned counsel for the petitioner intervened to say that her client also has a case that the seat in question was notified for a particular community and that party respondents do not belong to it. I am afraid that this is also not an issue that this Court can consider at the first instance; and therefore, leave it to the University to decide appositely, while the afore exercise is completed.
Sd/-
DEVAN RAMACHANDRAN JUDGE
anm
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APPENDIX OF WP(C) 6815/2021
PETITIONER EXHIBITS
| EXHIBIT P1 | A TRUE COPY OF THE EXPERIENCE CERTIFICATE |
|---|---|
| DTD. 29/6/2018 ISSUED BY ALL SAINT'S COLLEGE, THIRUVANANTHAPURAM TO THE PETITIONER DURING THE PERIOD 2018. |
|
| EXHIBIT P1(a) | A TRUE COPY OF THE EXPERIENCE CERTIFICATE DTD.1/4/2019 ISSUED BY ALL SAINT'S COLLEGE, THIRUVANANTHAPURAM TO THE PETITIONER DURING THE PERIOD 2019. |
| EXHIBIT P1(b) | A TRUE COPY OF THE EXPERIENCE CERTIFICATE DTD. 15/6/2020 ISSUED BY ALL SAINT'S COLLEGE, THIRUVANANTHAPURAM TO THE PETITIONER DURING THE PERIOD 2020. |
| EXHIBIT P1(c) | A TRUE COPY OF THE EXPERIENCE CERTIFICATE DTD. 6/3/2021 ISSUED BY ALL SAINT'S COLLEGE, THIRUVANANTHAPURAM TO THE PETITIONER DURING THE PERIOD 2021. |
| EXHIBIT P1(d) | A TRUE COPY OF THE EXTRACT OF RESUME OF THE PETITIONER. |
| EXHIBIT P2 | A TRUE COPY OF THE ORDER DTD. 17/11/1997 ISSUED BY THE PRINCIPAL INVESTIGATOR, CENTRAL PLANTATION CROPS RESEARCH INSTITUTE, PALODE (ICAR) TO THE PETITIONER. |
| EXHIBIT P3 | A TRUE COPY OF THE ORDER DTD. 26/5/2006 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY TO THE PETITIONER. |
| EXHIBIT P4 | A TRUE COPY OF THE EXPERIENCE CERTIFICATE DTD. 31/12/2009 ISSUED BY THE KERALA AGRICULTURAL UNIVERSITY TO THE PETITIONER. |
| EXHIBIT P5 | A TRUE COPY OF THE NOTIFICATION APPEARED IN MALAYALA MANORAMA DAILY IN DECEMBER, 2020 INVITING APPLICATIONS FOR REGULAR APPOINTMENT TO THE POST OF ASSISTANT PROFESSOR, BOTANY IN ALL SAINTS' COLLEGE, THIRUVANANTHAPURAM. |
| EXHIBIT P6 | A TRUE COPY OF THE INTIMATION REGARDING INTERVIEW DTD. 8/2/2021 ISSUED BY THE MANAGER, ALL SAINT'S COLLEGE, THIRUVANANTHAPURAM TO THE PETITIONER. |
| EXHIBIT P7 | A TRUE COPY OF THE ORDER GO(MS) NO.18/2011/H.EDN. DTD. 14/2/2011 OF GOVERNMENT OF KERALA. |
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EXHIBIT P8 A TRUE COPY OF THE SELECT LIST OF CANDIDATES FOR THE POST OF ASSISTANT PROFESSORS OF BOTANY, HINDI, AND ECONOMICS BASED ON THE INTERVIEWS CONDUCTED ON 8/3/2021 & 9/3/2021 BY THE MANAGER, ALL SAINT'S COLLEGE, THIRUVANANTHAPURAM.
2 issues framed by the court
Whether the University should verify the selection process for the post of Assistant Professor conducted by the College as per law.
Whether the petitioner's grievance regarding lower marks in the interview should be addressed at this stage.
G.SHIRMILA JOSE
STATE OF KERALA
UNIVERSITY OF KERALA
SELECT COMMITTEE CONSTITUTED FOR SELECTION TO THE POST OF ASSISTANT PROFESSOR (BOTANY)
DR.PRESSY P.PRAKASIA
DR.STEPHIN S
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
