The court upheld the Selection Committee's decision insisting that qualifications for academic posts must be evaluated by experts, and judicial interference is warranted only under extreme circumstances.

JUDGMENT :

Muralee Krishna, J.

The petitioner in W.P.(C)No.25594 of 2018 filed this writ appeal under Section 5 (i) of the Kerala High Court Act, 1958, challenging the judgment dated 19.03.2021 passed by the learned Single Judge in that writ petition.

2. The dispute raised by the appellant/writ petitioner pertains to the qualification for the post of Associate Professor in the School of Social Sciences at the Mahatma Gandhi University (‘University’, in short), held as acquired by the 4^th respondent in the selection process. Per contra, the 4^th respondent, while claiming that he has the required qualification, disputed the qualification of the appellant.

2.1. As per Ext.P2 notification dated 16.12.2017, the University had advertised for the selection of the post of Associate Professor (one post in the open category) in the School of Social Sciences. The appellant, as well as the 4^th respondent, applied for the post, claiming that both of them have the required qualification. As per general condition No.1 stipulated in the notification, the appointments against the vacancies notified by Ext.P2 will be made as per UGC norms and reservation principles in accordance with the Mahatma Gandhi University Statutes, 1997, Kerala State and Subordinate Service Rules and Kerala Service Rules. As per condition No.6 in Ext.P2, degrees obtained from Universities/Institutions outside the State of Kerala shall be accompanied by the required equivalence certificate obtained from the University.

2.2. The appellant pleaded in the writ petition that as per notification issued on the basis of UGC Regulations (IV^th Amendment, 2016) the minimum qualification for the post of Associate Professor are:

(i) Post Graduate Degree in any of the subject under faculty of social sciences;

(ii) Ph.D. in the relevant subject;

(iii) minimum 8 years of regular teaching experience in University/College which comes under the purview of UGC; and,

(iv) Proven experience in guiding doctoral students (the candidate must be an approved research guide with experience in guiding doctoral students).

2.3. Pursuant to the interview conducted, Ext.P5 rank list dated 03.07.2018 was published by the University, for the appointment of Associate Professor in various departments, including the department of the School of Social Sciences, wherein the appellant and the 4^th respondent were listed. As per the rank list, the 4^th respondent was placed in the first position, and the appellant was placed in the second position. In furtherance of Ext.P5 rank list, Ext.P6 order of appointment dated 03.07.2018 has also been issued to the 4^th respondent. Contending that the 4^th respondent has no required qualification and the distribution of marks in the selection process as improper, the appellant filed the writ petition under Article 226 of the Constitution of India, seeking the following reliefs:

“(i) call for the entire records which led to Exts.P6 and quash the same by the issuance of a writ in the nature of certiorari or any other appropriate writ, direction or order;

(ii) call for the entire records which led to Exts.P5 and quash the same to the extent of placing the 4^th respondent as the 1^st rank holder in the general candidate quota to the post of Associate Professor in the school of Social Sciences by the issuance of a writ in the nature of certiorari or any other appropriate writ, direction or order;

(iii) declare that the 4^th respondent is unqualified for being selected to the post of Associate Professor and issue consequential direction to respo