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2014 Supreme(Ker) 568

ANTONY DOMINIC, K.RAMAKRISHNAN, ANIL K.NARENDRAN
A. Basheer – Appellant
Versus
A. Saiful Islam – Respondent


Advocates Appeared:
For the Appellant:K.R.B. Kaimal (Senior), B. Unnikrishna Kaimal, Advocates.
For the Respondents:R2 & R3, M. Rajagopalan Nair, Advocate, George Poonthottam, Bechu Kurian Thomas, SC, R1, V.P. Seemanthini (Senior), M.S. Unnikrishnan, M.R. Anison, K.P. Geetha Mani, S. Karthika, P.A. Rinusa, P.N. Appukuttan, R4, Gopakumar R. Thaliyal, N.P. Prajeesh, Advocates, Mohammed Shah, Senior Government Pleader.

JUDGMENT

ANTONY DOMINIC, J.

1. The first respondent in these appeals filed W.P. (C) No. 25694 of 2005 disputing the eligibility of the appellant in W.A. No. 737 of 2010 for appointment to the post of Reader in Political Science in the Kerala University.

2. In the judgment under appeal, following the principles laid down by the Division Bench of this Court in Vijayachandran Pillai vs. University of Calicut, 2009 (3) KLT 176 and Vasundhara vs. Sallas Benjamin, 2010 (1) KLT 533, it was held that the experience prescribed should be one acquired after obtaining basic educational qualifications for the post and that since the appellant in W.A. No. 737 of 2010 did not possess the prescribed experience, his selection and appointment to the post of Reader in Political Science was illegal. In W.A. No. 737 of 2010, this judgment is challenged by the 4th respondent in the writ petition, whose appointment was set aside. W.A. No. 987 of 2010 is filed by the University of Kerala and the Selection Committee for appointment of teachers.

3. When the appeals were heard by a Division Bench, order dated 6/8/2010 was passed doubting the correctness of the principles laid down in Vijayachandran Pillai's
























































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