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2021 Supreme(Online)(KER) 44029
HIGH COURT OF KERALA
AMIT RAWAL, J
DR.ROJITH G., – Appellant
Versus
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, – Respondent
WP(C)/33211/2019
M.P.SREEKRISHNAN, A.MUHAMMED MUSTHAFA, S.P.ARAVINDAKSHAN PILLAI, S.KRISHNAMOORTHY
The Vice Chancellor's qualifications for faculty positions, once ratified by the Academic Council, conform to statutory requirements and do not violate earlier decisions.
Headnote:
Qualification - Post of Assistant Professor - Cochin University of Science and Technology Act, 1986 - Section 24(g), Section 11(11) - The court upheld the Academic Council's authority in prescribing teacher qualifications per UGC recommendations, dismissing claims of deviation in the notification by the Vice Chancellor as ratified.
Fact of the Case:
The petition challenged a notification regarding qualifications for Assistant Professor positions, claiming it contradicted earlier decisions by the Academic Council and the UGC’s regulations.
Finding of the Court:
The court found that the qualifications were ratified by the Academic Council, thus validating the Vice Chancellor's notification, and ruled that the petition lacked grounds for interference.
Issues: Whether the qualifications prescribed in the notification deviated from the decisions of the Academic Council and UGC regulations.
Ratio Decidendi: The Vice Chancellor's action was within the statutory framework, as it was ratified by the Academic Council, which has the authority to prescribe qualifications per Section 24(g) of the University Act.
Final Decision: The writ petition was dismissed.
JUDGMENT
Through the instant petition notification dated 22.10.2019 (Ext.P3) prescribing the qualification to the post of Assistant Professor in Environmental Studies and Environmental Biology has been challenged, being illegal, arbitrary and violative of decision of Academic council dated 12.08.2016 (Ext.P1).
2. Learned counsel appearing on behalf of the petitioners submits that qualification prescribed as Master’s Degree in Atmospheric Science/ Meteorology/ Environmental Science/ Environmental Technology with desirability of Ph.D degree specialization in Environmental Physics/ Atmospheric Science/ Environmental Geophysics with Research Experience and contributions in the field of Environmental Studies and Atmospheric Science were not in tandem with the decision of the Academic Council dated 13.12.2011 (Ext.P2) whereby the Academic Council in the meeting held on 29.11.2011 considered the recommendations of additional meeting of Board of Studies and resolved to approve the essential qualifications for appointment to the post of Assistant Professor in Environmental sciences as MSc. in Environmental Sciences and Management, Environmental Technology/ Environmental Sciences and Disaster Management with 55% marks at Master’s Degree level with the relaxation as per the UGC regulations, 2010 and other qualifications were NET conducted by the UGC, CSIR or similar tests accredited by UGC or Ph.D in Environmental Sciences. Vice Chancellor does not have any power to change the qualifications as, as per the Section 24 (g) of Cochin University of Science and Technology University Act, 1986 (hereinafter called ‘1986 Act’), it is in the domain of the Academic Council to prescribe the qualification in comformity with the recommendation of the University Grants Commission. Vide Ext.P4 a detailed representation was submitted but of no avail.
3. Though the faculty of Environmental Science was established in the University as early as 1987 subject is taught by the teachers having a post graduate degree in other branches of science as subject Environmental Studies is multi disciplinary in nature. Candidates like petitioner who specialized in the subject of Environmental Studies, came out successful in the NET examination conducted by the UGC in the subject of Environmental Studies are deprived of job opportunities due to inclusion of other subjects than that of Environmental Studies in the requisite qualification. In other words, the zone of consideration would be enlarged.
4. Sri.S.P.Arvindakshan Pillai learned counsel appeared on behalf of respondents opposed the aforementioned submissions by submitting that notification Ext.P3 prescribed the qualification and eligibility criteria, but the petitioners cannot have any grievance with regard to the bifurcation of the posts at serial Nos.15 and 16 of Ext.P3 as such decision had been taken in academic interest after several rounds of discussions and deliberations. School of Environmental Studies, a centre of higher learning dedicated to environmental protection and sustainable development was conceptualized in 1980. Department Council of School of Environmental Studies in the meeting held on
19.06.2019 Ext.R1(a) decided to request the University to fill the vacancies arisen due to retirement of two faculty members by specifying the qualification for the post.
5. While issuing notification, certain deviations from the decisions of Academic Council was made by the Vice Chancellor in view of the provisions of Section 11 (11) of the 1986 Act. The decision of the Vice Chancellor for ratification was placed before the Academic Council as evident from the note Ext.R1(c). In the meeting dated 21.12.2019 Academic Council ratified the said decision. University already replied to the representation vide Ext.R1(f).
6. By way of additional counter, decision of the Academic council dated 21.12.2019 has been annexed as Ext.R1(g). Thus the petitioners would have no cause of action to allege any deviation from the prov
