JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The instant appeal has been preferred assailing the judgment dated 8th April 2021 passed by the Division Bench of the High Court of Kerala at Ernakulam setting aside the judgment of the learned Single Judge dated 1st March, 2021 and directing the Cochin University of Science and Technology to nominate respondent no. 1 as Head of the Department (in short “HOD”)/Director of School of Management Studies of Cochin University.

3. The relevant facts in brief culled out from the record are that both the appellant and respondent no. 1 are members of the teaching faculty and the appellant is senior to respondent no. 1 as the appellant became Professor in April 2009, whereas respondent no. 1 on 1st October, 2013. Even otherwise, the seniority of the appellant qua respondent no. 1 is not in dispute.

4. In terms of Section 39(1) of the University Act, the Government of Kerala framed its Statute. That Statute 18 envisages the appointment of a Director/HOD. For appointment of the Director/HOD, the Syndicate shall nominate a teacher not below the rank of an Associate Professor with Ph.D or an equivalent post, as prescribed by UGC Regulations or Regulations b