IMPORTANT POINTS:
Petitioner is mainly aggrieved by the provisions contained in Sub clause (b) of clause (iv) of Statute 140 which insists the basic degree in Dairy Science/Technology or related Engineering. Exemption is granted only in disciplines like Biochemistry, Biotechnology, Biostatistics, Dairy Husbandry and Computer Application in the event of nonavailability of persons with basic Degree in Dairy Science and Technology or related Engineering- It further provides that requirement of basic Degree in Dairy Science and Technology shall not be insisted for the teachers who are serving in various departments of the Faculty of Dairy Sciences as on 31st March, 2011.
Apparently petitioner is not having basic Degree in diary Science and Technology and she was not on the rolls of the University as on 31.03.2011.
Article 226 have to keep away from such academic matters, in the light of judgment of the apex court in Basavaiah (Dr.) v. Dr.H.L.Ramesh and others : (2010) 8 SCC 372, Madras Institute of Development Studies & another v. K. Subramanian & another: (2016)1 SCC 454.
A writ of certiorari can never be issued to call for the record or papers and proceedings of an Act or Ordinance and for quashing such Act or Ordinance- The writ of certiorari and the writs of habeas corpus, mandamus, prohibition and quo warranto were known in English common law as “prerogative writs”-“Prerogative writs” are to be distinguished from “writs of right” also known as “writs of course”.
In Dwarkanath case under Article 226 the High Courts have the power to issue directions, orders and writs, including prerogative writs. This power includes the giving of declarations as also consequential reliefs including relief by way of injunction. The proper relief for the petitioners in the Sangh’s petition to have asked was a declaration that U.P. Ordinance 22 of 1978 was unconstitutional and void and, if a consequential relief was thought necessary, a writ of mandamus or writ in the nature of mandamus or a direction, order or injunction restraining the State and its officers from enforcing or giving effect to the provisions of that Ordinance.

P.V. Asha, J.

1. The petitioner who had been working on contract basis is challenging the first Statute relating to the qualification for the post of Assistant Professors in the faculty of Dairy Sciences and Technology, in the Kerala Veterinary and Animal Sciences University (`University' for short).

2. Petitioner had been working as Asst. Professor in the faculty of Dairy Sciences and Technology in the College of Dairy Sciences and Technology at Mannuthy, Her qualifications are B.Sc in Computer Science, Master's Degree in Business Administration, pass in National Eligibility Test etc. The University had as per notification dated 18.04.2013 invited applications for appointment to the post of Asst. Professors in Veterinary Science/Dairy Science and Technology on contract basis for a period of one academic year. Pursuant to the notification Ext.P1 the petitioner submitted application and after conducting an interview, she was appointed as per Ext.P3 order dated 17.01.2014 in the post of Asst. Professor in Dairy Business Management in the faculty of Dairy Sciences and Technology. While so the University first Statutes came into force on 20.05.2014 and thereafter the University issued Ext.P4 notification dated 12.6.2014 inviting applications for appointment to various disciplines. Petitioner submitted application for appointment as Asst. Professor in Dairy Business Management and she submitted a representation requesting to allow her to participate in the selection. The petitioner filed this writ petition thereafter complaining that she was not called for interview. The 4th respondent was appointed on regular basis pursuant to Ext.P4 notification.

3. The contention of the petitioner is that qualification prescribed for appointment as Asst. Professor in the faculty of Dairy Sciences and Technology is vague and unspecific and it was made with a malafide intention to give appointment to certain persons and to exclude qualified hands. Petitioner points out that in the faculty of Dairy Science and Technology there are various disciplines like Dairy Technology, Dairy Engineering, Dairy chemistry, Dairy Microbiology, Dairy Business Management, Dairy Husbandry and Dairy Extension. The qualification fixed in Statute 140(iv)(b) is basic degree in Dairy Science/Technology or related Engineering as essential qualification. It further provides that in disciplines like Biochemistry, Biotechnology, Bio-Statistics, Dairy Husbandry and Computer Application persons without basic Degree in Dairy Science and Technology or related Engineering can be considered only in the absence of B.Tech., Dairy Science Degree holders and that basic Degree in Dairy Science and Technology shall not be insisted for the teachers who are serving in various Departments of the faculty of Dairy Science as on 31.03.2011. The petitioner points out that there are no disciplines for Biochemistry, Biotechnology or Biostatistics and therefore the Statute is ambiguous and therefore it is liable to be struck off as violative of UGC Regulations. According to the petitioner the discipline of Dairy Business Management is a management subject and there is no basis for prescribing a basic degree in Dairy Science and Technology. Petitioner has pointed out the syllabus to be taught for the discipline Dairy Business Management asserting that the basic degree required in the statute is totally irrelevant. Petitioner has also pointed out the hardship that would be faced by her in the event of her replacement by a candidate appointed pursuant to Ext.P4 notification.

4. Respondents 1 and 2 have filed a counter affidavit. It is stated that petitioner's appointment was purely on contract basis made on the basis of notification issued before framing of the First Statute. 335 posts in various faculties were transferred from Kerala Agricultural University on the formation of the respondent University. Notification was issued for selection and appointment to the posts of Asst.Professors in va