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2022 Supreme(Ker) 806

DEVAN RAMACHANDRAN
SEBASTIAN JOSEPH S/O JOSEPH SEBASTIAN – Appellant
Versus
UNIVERSITY OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T. RAJASEKHARAN NAIR.
For the Respondent: THOMAS ABRAHAM, S. KRISHNAMOORTHY, PARVATHY K.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The petitioners impugn Ext.P1 notification of the University of Kerala, to the extent to which it imposes an upper age limit of 50 years for candidates to apply to the posts of Professor to teach in its various Departments.

2. Sri. T. Rajasekharan Nair - learned counsel for the petitioners, vehemently argued that the afore stipulation in Ext.P1 is illegal because the applicable Regulations of the University Grants Commission, namely the “UGC Regulations on Minimum Qualifications for appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education 2018” (for short ‘UGC Regulation 2018’) do not prescibe any such inhibition; and therefore, must be construed that any person who is otherwise qualified, will be eligible to apply until the age of superannuation. He argued that, however, the Kerala University appears to be banking upon its First Statutes of the year 1977, to hold otherwise; and that, going by the various judgments of the Hon'ble Supreme Court, including the recent one, namely Professor (Dr.) Sreejith P.S. vs. Dr. Rajasree M.S. and Others (Civil Appeal Nos. 7634-

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