Point of Law: Central Administrative Tribunal and the High Court had gone wrong in holding that the first respondent was qualified merely because he had studied two subjects as part of his MBA degree programme, namely, Human Resource Management and Industrial Relations and Labour Legislation.

JUDGMENT :

C.S. SUDHA, J.

1. This appeal is against the judgment dated 28.03.2019 in W.P. (C) No. 39924/2017. The appellant is the petitioner and the respondents herein, the respondents in the writ petition. The parties in this appeal and the documents will be referred to as described in the writ petition.

2. The writ petition was filed challenging Ext.P3 rank list notified by the Cochin University of Science and Technology (CUSAT), the 1st respondent, by which the 4th respondent has been declared as the first rank holder and the petitioner, the second rank holder. The allegation of the petitioner is that the 4th respondent is not having the necessary qualifications prescribed under Ext.P2 notification. So, the 4th respondent is ineligible to be appointed to the post of Assistant Professor, Human Resources Management, School of Management Studies, CUSAT. Hence the writ petition, seeking a writ of certiorari for quashing Ext.P3 rank list ; for a direction prohibiting the first respondent University from appointing the 4th respondent to the post of Assistant Professor Human Resource Management (open) as notified in Ext.P2 notification ; to declare that the petitioner is an eligible candidate based upon her qualification to the aforesaid post and to issue a writ of mandamus directing the 1st respondent University to post the petitioner to the aforesaid post.

3. Respondents 1 to 3, namely, the CUSAT filed counter contending that the 4th respondent has a Master's Degree in Human Resource Development (MHRD) from the University of Madras and a Ph.D. She has qualified the National Eligibility Test for Lectureship in the subject of Psychology. The Master's Degree in Human Resource Development (MHRD) obtained by the 4th respondent from the University of Madras has been recognised by CUSAT for the purpose of employment/higher education as per Ext.R1(a) certificate dated 01/01/2016. As CUSAT does not give MHRM Degree, it cannot issue an equivalency certificate, but can only issue a certificate like Ext.R1(a) recognising the degree for higher education/employment. Till date, the nomenclature of the degrees issued by various Universities has not been standardised. Each University names its degree as decided by the Academic Council. Therefore, when a notification for employment is issued, it is not possible for the University to list out all relevant degrees, but can only give an indicative list on which the Selection Committee, consisting of experts in the relevant subjects, takes a decision on the acceptability of the degrees obtained by the candidates after perusing their certificates and the subjects they have studied for the relevant course. It is after considering all these aspects and verifying the certificates and marks obtained by the 4th respondent, that the duly constituted Selection Committee consisting of experts in the subjects had decided to rank the 4th respondent at rank no. 1 and consequentially she was given appointment to the post of Assistant Professor, Human Resource Management. The petitioner has not made out any valid grounds to sustain a challenge against Ext.P3 rank list. The petitioner does not have any allegation of mala-fides against the Selection Committee or against respondents 1 to 3. Without any allegation of mala-fides or arbitrariness against the Selection Committee or the selection process, the selection conducted by a duly constituted Selection Committee consisting of experts in the relevant subjects, is not liable to be interfered with, contends respondents 1 to 3.

4. The 4th respondent has filed a counter denying the allegations of the petitioner and asserting that she has the necessary qualifications to be selected. On the other hand, the petitioner, who has obtained her qualifications via distant education, is not qualified and so it is doubtful as to how she has managed to secure the 2nd rank in the