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2011 Supreme(Ker) 103

High Court of Kerala
S. SIRI JAGAN
Purushothaman V.M.
Versus
Mahatma Gandhi University & Another
WP(C).No. 5357 of 2007(K)
Decided on : 27-01-2011

Advocates Appeared:
For the Petitioner:Kaleeswaram Raj, Advocate.
For the Respondent:V.A. Muhammed, Sc, M.G. University, T.A. Shaji, Sunil Cyriac, P. Srekumar, K.S. Manu, Advocates.

Headnote:

Kerala University Regulations Relating to Qualifications of Teachers, 1972 - Part II Regulation 7 - Writ Petition - The petitioner applied pursuant to the said notification for a post of Lecturer (Finance) reserved for scheduled castes as also the 2nd respondent and others - The petitioner has filed this writ petition challenging the whole proceedings on the ground that there is no post of Lecturer (Finance) sanctioned by the Government - After publication of rank list, the petition was amended - Held, As rightly pointed out, the selection committee may have to decide the question as to whether a particular person belongs to a scheduled caste at all - Subject matter of this writ petition, is set aside including the rank list - Writ petition is allowed.

JUDGMENT :-

1. By Ext. P1 notification, the Mahatma Gandhi University invited applications for selection to the post of lecturer in School of Management and Business Studies. The notified post was Lecturer (Finance) reserved for scheduled castes. The petitioner applied pursuant to the said notification, as also the 2nd respondent and others. An interview was held on 3.11.2006. All of them were interviewed. Before the publication of rank list, the petitioner has filed this writ petition challenging the whole proceedings on the ground that there is no post of Lecturer (Finance) sanctioned by the Government and the qualifications prescribed are also not in accordance with the regulations applicable. According to the petitioner, the notified qualifications were Post-graduate degree in Commerce and Management with a pass in National Eligibility Test, whereas as per the University Regulations applicable the candidate should have a Post-graduate degree in Management in the concerned subject. Subsequent to the filing of the writ petition, a rank list was published, in which the 2nd respondent, whose qualification was only M.Com, was ranked No. 1. The petitioner has subsequently got the writ petition amended including a challenge against the selection also. The petitioner seeks the following reliefs:

"i) to issue a writ of certiorari quashing Ext. P1 notification as far as the post of Lecturer (Finance) is concerned;

ii) to declare that the entire selection process to the post of Lecturer (Finance) pursuant to Ext. P1 notification is bad, illegal and unsustainable;

iii) to issue a writ of mandamus directing the 1st respondent to re-notify the post as Lecturer (Management-Finance) and to conduct a fresh selection process to the said post;

iv) to declare that the selection of 2nd respondent as Lecturer in Mahatma Gandhi University is illegal and therefore she is not entitled to be appointed."

2. The petitioner contends that the Mahatma Gandhi University is yet to frame regulations relating to qualifications of teachers under the University and by an order dated 25.5.1992, the University has decided to adopt the regulations of University of Kerala with effect from 2.10.1983, till they are replaced by the regulations to be made under the Mahatma Gandhi University Act, 1985. Even after 24 years, the University has not chosen to frame regulations of its own and still follows the Kerala University regulations. According to the petitioner, as per the Kerala University regulations relating to qualifications of Lecturers in Management Studies, they should necessarily have Ph.D or Master's Degree in Business Management or must be Fellows of IIMS, ICA or ICWA. The petitioner alleges that the Government has sanctioned only a post of Lecturer in Finance Management as is evident from Government Order dated 25.10.2007. The petitioner therefore submits that the selection to the post of Lecturer (Finance) in the School of Management and Business Studies of the University, that too, with a qualification contrary to the regulations applicable, is clearly vitiated. Apart from the same, the petitioner also challenges the selection process on the ground that there was no scheduled caste member in the selection committee, which is a mandatory requirement as is evident from Ext. P5 UGC notification laying down the norms for appointment of teachers in universities and colleges. According to the petitioner, by Ext. P14, the Mahatma Gandhi University has adopted the UGC scheme and therefore Ext. P5 is also applicable to selections made by the University. The petitioner has a further contention that persons from outside the State have also been interviewed, which is also not in accordance with the norms insofar as persons recognized as members of the scheduled castes in other States cannot seek reservation benefits as scheduled castes in Kerala. The petitioner would take a further contention that the whole objective or exercise was to unduly favour the 2nd resp


























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