Post-appointment compliance with regulatory frameworks is necessary to validate appointments as legal and legitimate under UGC guidelines.

JUDGMENT

Dated this the 28^th day of November, 2025

[W.P.(C) Nos.15072 of 2024, 13360 and 30152 of 2025 and Con.Case (C) No.230 of 2025]

W.P.(C) Nos.15072 of 2024 and 30152 of 2025 have been filed by Sanatana Dharma College, Alappuzha challenging the directions given by the University of Kerala and the Government of Kerala directing the petitioner-College to constitute a Selection Committee in the matter of regular appointment of Sri.Anand R., who is the petitioner in W.P.(C) No.13360 of 2025.

2. The petitioner in W.P.(C) No.13360 of 2025 has filed the said writ petition seeking to direct the respondents to disburse the remuneration to the petitioner from 01.06.2023 for the duties discharged by him as Assistant Professor with the 3^rd respondent.

3. The petitioner-College in W.P.(C) No.15072 of 2024 published a notification for recruitment to the post of Assistant Professor in various languages. Four vacancies were notified for appointment as Assistant Professor in English.

4. The petitioner-College would submit that 233 applications were received which were shortlisted on the basis of Academic Performance. The 5^th respondent did not satisfy the cut off mark fixed by the College. Therefore, the 5^th respondent was not considered. A fifth vacancy of Assistant Professor in English was marked for appointment of candidates belonging to Persons with Disability category.

5. At that point of time, the petitioner in W.P.(C) No.13360 of 2025 approached this Court filing W.P.(C) No.25589 of 2022. This Court, after hearing parties on either side, disposed of the writ petition with the following directions:

“ Taking note of the afore consensus at the Bar and between the parties, I order this writ petition with the following directions:

a) The competent Authority of the College will immediately draw out the proposal for the appointment of the petitioner to the available vacancy and place it before the University for approval. This shall be done within a period of two months from the date of receipt of a copy of this judgment.

b) On the afore proposal being received by the University, they will verify if all relevant criteria, including under the “UGC Regulations” are satisfied: and then approve the appointment of the petitioner, within a period of one month thereafter.

c) I leave full liberty to the petitioner to seek any clarification from this Court as he may deem necessary, during the afore process.

d) In view of the above, the appointments of all other persons made, can be approved by the University in terms of law.

Axiomatically, WP(C)No.25454 of 2021 will stand ordered in terms of the afore directions and WP(C)No.25589/2022 will stand closed; however, making it clear that none of the contentions therein have been touched upon and that they are left open to be impelled and pursued in future, if so warranted.”

In deference to the judgment of this Court, the petitioner in that writ petition was granted appointment by the College and a proposal was forwarded to the University for approval.

6. The University thereupon issued a Communication dated 25.07.2023 requiring the Manager of the College to resubmit the proposal for approval of the initial appointment of Sri.Anand R., Assistant Professor in English after undergoing a valid Selection Committee as per the UGC Regulations, 2018.

7. The Government of Kerala also issued a Communication dated 13.06.2025 permitting the University to approve the appointment of the 5^th respondent if a competent Selection Committee is satisfied about the qualifications of the 5^th respondent. The University was permitte