The Tribunal violated natural justice by failing to hear both parties before passing its order, necessitating the High Court's intervention under Article 227.

JUDGMENT :

Anil K. Narendran, J.

Respondents 5 and 6 in O.A.(EKM)No.605 of 2024 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam, are before this Court in this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India, seeking an order to set aside Ext.P11 order dated 16.07.2025 of the Tribunal in that original application, which was one filed by respondents 1 to 13 herein-applicants, invoking the provisions under Section 19 of the Administrative Tribunals Act , 1985, seeking an order to set aside Annexure A6 Government order dated 06.07.2023, in view of the fact that, Annexure A7 order dated 03.03.2015 of the University of Calicut, based on which Annexure A6 order was issued, has already been quashed by this Court in Annexure A8 judgment dated 05.04.2024 in W.P.(C)No.21254 of 2023. The applicants have also sought for an order directing respondents 1 to 4 to take necessary steps to remove the name of respondents 5 to 10 and other similarly placed persons, who have not passed the UCG-NET in Sanskrit Traditional Subjects under Code No.73, from Annexure A9 ranked list published by the Kerala Public Service Commission vide notification dated 08.02.2024 and Annexure A10 appointment chart dated 11.03.2024 or any other proceedings/orders/communications issued in connection with the appointment pursuant to Annexure A1 notification dated 11.12.2019 issued by the Kerala Public Service Commission inviting applications for appointment to the post of Assistant Professor in Sanskrit (Sahitya) finding them ineligible for appointment to that post; direct respondents 1 to 4 to take necessary steps to ensure that only those persons who fulfil the qualifications and eligibility criteria stipulated in Annexure A1 notification are included in the ranked list for appointment to the post of Assistant Professor, Sanskrit (Sahitya); and direct respondents 1 to 4 not to grant the benefit of exemption from passing the prescribed NET qualification under Note (ii) of Annexure A1 without acquiring PhD Degree in the concerned subject, i.e., Sanskrit (Sahitya).

2. By Ext.P11 order dated 16.07.2025, the Tribunal allowed O.A.(EKM)No.605 of 2024. The Tribunal found that as per the stipulations in the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018 (UGC Regulations, 2018), the minimum qualification includes a Master’s Degree in the concerned/relevant/allied subjects, along with the clearing of National Eligibility Test (NET) conducted by the University Grants Commission (UGC). UGC Regulations, 2018 stipulate only the minimum qualifications. The post notified for selection and appointment is that of Assistant Professor in Sanskrit (Sahitya) in the Department of Collegiate Education. The Assistant Professor appointed is expected to teach students in the specialised discipline of ‘Sahitya’ in the language of Sanskrit. If the State Government, while formulating its policy and framing the Special Rules, thinks it fit that qualification in the specialised discipline is essential for teaching students studying in a specialised discipline within the language of Sanskrit, it cannot in any manner be termed as a qualification stipulated contrary to or repugnant to the minimum qualifications stipulated in UGC Regulations, 2018. It is well settled through a catena of decisions of the Apex Court and various High Courts that fixing of any