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A. K. JAYASANKARAN NAMBIAR, MOHAMMED NIAS C. P.
Priya Varghese, D/o. K. C Varghese – Appellant
Versus
Joseph Skariah – Respondent
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 app
Right to a fair trial has long been recognised as forming part of fundamental right of a citizen under Article 21 of Constitution.
While making appointments, Universities are bound by stipulations of UGC Regulations and cannot travel beyond it, even if respective State Legislations or Regulations are to speak to contrary.
Point of Law : Central government had no authority to disagree with the recommendation of UGC.
The court affirmed the validity of the selection process for Assistant Professors and clarified that guest lecturer experience can't always be excluded for direct recruitment under regulatory guideli....
Teaching experience claimed during Ph.D. studies is not valid unless it was active service without leave, impacting selection criteria for academic appointments.
The main legal point established in the judgment is the need to reconcile the application of the Office Memorandum dated 25.06.2012 with the UGC Regulations and determine the affiliation status of th....
Regulation 6.2 B (iv) of NCTE Regulations, 2014 clearly provides that candidates should either possess of experience as prescribed by UGC or by State Government.
Teaching experience marks for Assistant Professor shortlisting invalid if claimed prior to essential qualifications (NET/SET/M.Phil/Ph.D) or based on unverified/dubious certificates; erroneous shortl....
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