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2022 Supreme(Online)(KER) 32951

HIGH COURT OF KERALA
P. B. Suresh Kumar, C.S. Sudha, JJ
NISHA VELLAPAN NAIR – Appellant
Versus
THE MAHATMA GANDHI UNIVERSITY – Respondent
Writ Appeal Nos. 957 & 1071 of 2022



Advocates:
For the Appellants/Petitioners: S.M. Prashanth
For the Respondents: Surin George Ipe, S.S. Sreekumar

Selection Committee decisions must adhere to fairness and transparency, ensuring equal treatment based on qualifications and avoiding arbitrary actions.

Headnote:(A) UGC Regulations, 2010 - Selection Committee evaluation criteria - Writ Appeal - The petitioner contended that she was unfairly denied marks for her PhD and Post Doctoral Fellowship in the selection process for Assistant Professor. The Court found the Committee's decision arbitrary, directing her appointment instead of the second respondent. (Paras 15, 16, 19-21)

(B) Administrative Law - Fairness in selection process - The court emphasized the need for equal treatment in selection and evaluation procedures. The failure to award marks for proper qualifications when due constituted unfairness requiring corrective action. (Paras 14, 20)

Facts of the case:
Both appeals concerned the selection for Assistant Professor roles at a university, with competing claims regarding academic qualifications evaluated under UGC regulations.

Findings of Court:
Marks were improperly awarded, and equal treatment was mandated based on qualifications.

Issues: The legitimacy of the marks allocation for qualifications and research publications by the Selection Committee.

Ratio Decidendi: The court held that refusal of marks for valid qualifications is arbitrary, mandating such marks be included in evaluation.

Result: Appeals allowed; petitioner appointed as Assistant Professor.

Table of Content
1. selection process overview. (Para 2 , 3)
2. claims of unfair evaluation. (Para 4 , 5 , 8 , 10)
3. court's comments on evaluation fairness. (Para 9 , 11 , 17)
4. conclusion on marks allocation and decision. (Para 14 , 20 , 21)

JUDGMENT

P.B.Suresh Kumar, J.

Both the above appeals arise from the judgment in W.P. (C) No.1861 of 2020 and they are, therefore, disposed of by this common judgment. Among the appeals, W.A.No.957 of 2022 is by the petitioner in the writ petition and W.A.No.1071 of 2022 is by the second respondent in the writ petition. Parties and documents are referred to in this judgment for convenience, as they appear in the writ petition.

2. The matter relates to selection for appointment to the post of Assistant Professor in the School of Gandhian Thought and Development Studies (the School) under the Mahatma Gandhi University (the University).

3. Ext.P1 is the notification issued by the University for the selection. In terms of the notification, out of the three vacancies, two were reserved for candidates belonging to Other Backward Classes and one for candidates belonging to General Category. The petitioner as also the second respondent applied for selection pursuant to Ext.P1 notification against the vacancy earmarked for General Category candidates. It is stated that the University evolved a scheme for evaluation of the merits of the candidates in which 20 marks were set apart for the interview and 80 marks for different other criteria. The petitioner who secured second rank in the selection was awarded 46.61 marks out of 100 and the second respondent who secured first rank in the selection was awarded 49.40 marks out of 100. The second respondent was consequently selected and appointed. The selection and appointment of the second respondent were impugned in the writ petition.

4. In terms of the scheme evolved for evaluation of the merits of the candidates, candidates holding PhD are entitled to six marks. Similarly, in terms of the said scheme, candidates who have secured awards from academic bodies are entitled to two marks. Even though the petitioner is a Post Graduate in Economics with M.Phil. in Development Studies (Economics) and PhD in Economics, it was alleged by the petitioner that she was not awarded any marks for her PhD. Similarly, it was alleged by the petitioner that although she was awarded Dr.S.Radhakrishanan Post Doctoral Fellowship in Economics by the University Grants Commission (the UGC), which is a prestigious award in the academic circles, she was not awarded any marks for having secured the said award. It was further alleged by the petitioner in the writ petition that the second respondent, on the other hand, was awarded marks under different heads which she is not entitled to. It was specifically pleaded by the petitioner in the writ petition that the second respondent was awarded six marks for her PhD which should not have been taken into account under the scheme of evaluation of merits since it is not a PhD in any of the subjects indicated in the notification. The petitioner has stated that even though the second respondent claimed to have made four research publications, one international, two national and one local, none of those are publications made in UGC approved journals, which is a mandatory prerequisite for awarding marks. Nevertheless, it was alleged that the second respondent has been awarded eight marks for research publications. The case set out by the petitioner in the writ petition, therefore, was that the petitioner should have been awarded 54.61 marks, the second respondent should have been awarded only 35.40 marks and the second respondent ought not have, therefore, been appointed. The petitioner, therefore, prayed for a direction to the University to appoint her as Assistant Professor pursuant to Ext.P1 notification against the vacancy notified for General Category candidates, after setting aside the selection and appointment of the second respondent.

5. A cou

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