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2007 Supreme(Ker) 395

THOTTATHIL B.RADHAKRISHNAN
G. Muraleedhara Kurup – Appellant
Versus
Mahatma Gandhi University, Kottayam – Respondent


Judgment :-

The petitioner is a teacher in Bio-chemistry in the School of Bio-sciences in the Mahatma Gandhi University. The third respondent is a teacher in the School of Chemical Sciences in that University. The petitioner challenges Ext.P10 decision of the University, promoting the third respondent as Professor with effect from 20.11.1995 under the career advancement scheme of UGC and Ext.P13, which apparently evidences that the Vice Chancellor had decided not to interfere with Ext.P10 decision, on the ground that the promotion given to the third respondent is on the basis of recommendations of a duly constituted selection committee as per the UGC guidelines.

2. Before coming to the rival contentions touching the merits of the claim, it needs to be considered whether the claim of the petitioner could be treated as a competing claim to that of the third respondent and whether the petitioner has a right to challenge the promotion of the third respondent. The third respondent has challenged the locus standi of the petitioner to challenge the promotion given to him as per Ext.P10. The locus of the petitioner is projected by stating that the date of entry into the post of Professor wo




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