Point of Law: Right to a fair trial has long been recognised as forming part of fundamental right of a citizen under Article 21 of Constitution.

JUDGMENT :

(A.K. Jayasankaran Nambiar, J.)

The facts in Brief:

1. This appeal is preferred by the 5th respondent in W.P.(C).No.26918 of 2022 aggrieved by the judgment dated 17.11.2022 of the learned Single Judge in the writ petition. The brief facts necessary for disposal of the appeal are as follows:

The writ petitioner Dr.Joseph Skariah is an Assistant Professor in the Department of Malayalam in St. Berchman's College, Changanassery. In the writ petition, he impugned Ext.P4 notification of the Kannur University that published the provisional rank list of candidates for selection to the post of Associate Professor [open category] in the Department of Malayalam under the University. In the said rank list, he was ranked second after the appellant herein, the 5th respondent in the writ petition, who was ranked first. It is significant that, in the writ petition, the Kannur University that had issued the notification was not made a party and, instead, it was only the Registrar of the University, who was the signatory to Ext.P2 notification issued on behalf of the University, that was arrayed as the 6th respondent therein.

2. The case of the petitioner in the writ petition was that the appellant herein was not qualified to hold the post of Associate Professor that was notified for selection because;

a. She did not have the prescribed minimum experience of 8 years in teaching and/or research in an academic/research position equivalent to that of Assistant Professor in a University, College or Accredited Research Institution/Industry;

b. She was given disproportionate marks by the Selection Committee towards research score, research guidance, teaching experience and publications; and

c. She was given more marks than the petitioner in the interview that and the same was in violation of all procedures and with a view to favour her.

3. Counter affidavits were filed on behalf of the 5th respondent/appellant, as also the Registrar of the University, refuting the contentions in the writ petition. Reply affidavits were also filed by the writ petitioner to the aforesaid counter affidavits. Thereafter, the matter was heard by a learned Single Judge.

The impugned judgment:

4. The learned Single Judge considered only the issue of whether the experience possessed by the appellant could be treated as teaching/research experience for the purposes of deciding her eligibility to aspire for the post in question. The findings of the learned Single Judge in that regard are contained in paragraph Nos.46 to 110 of the impugned judgment, and they essentially hold that the experience gained by the appellant herein, while on deputation under the Faculty Development Programme at Kannur University, and as Director of Student Services at the Kannur University, cannot be treated as teaching/research experience for the purposes of Regulation 4.1.II of the UGC Regulations, 2018. As regards the objection raised by the appellant herein regarding the maintainability of the writ petition, inasmuch as the University had not been impleaded as a party in the writ petition, the learned Judge found that the objection had been raised only by the appellant herein and not by the Registrar of the University or any of the other respondents, and further that when the said Registrar who was on the party array had filed pleadings before this Court without raising such an objection, the absence of the University on the party array was not fatal to the cause of the writ petitioner. It is the above findings of the learned Single Judge that are impugned in this Writ Appeal.

5. We have heard Sri.Renjith Thampan, the learned senior counsel duly instructed by Adv.Sri.K.S.Arun Kumar appearing on behalf of the appellant, Sri.George Poonthottam, the learned senior counsel duly assisted by Adv.Sri.Santharam P. appearing on behalf of the 1st respondent/writ petitioner, Sri.P.Ravindran, the learned senior counsel duly assisted by Adv.I.V. Pramod appearing on behalf of the 6th respondent Registrar, Sri