IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 3^RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946 WP(C) NO. 36283 OF 2024 PETITIONER:

P.S.GOPAKUMAR AGED 52 YEARS S/O BALAKRISHNA PILLAI, MEMBER, SYNDICATE, S.P.M.U.P SCHOOL, AYIKKUNNAM, SASTHAMCOTTA P.O.

KOLLAM, RESIDING AT PALAVILAPUTHEN VEEDU, AYIKKUNNAM, SASTHAMCOTTA P.O.

KOLLAM, PIN - 690521 BY ADVS.

P.ANIRUDHAN SANTHEEP ANKARATH RESPONDENTS:

1 THE CHANCELLOR, UNIVERSITY OF KERALA KERALA RAJ BHAVAN, KERALA GOVERNOR’S CAMP P.O, THIRUVANANTHAPURAM, PIN - 695009

2 THE VICE CHANCELLOR UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PIN - 695034

3 THE REGISTRAR, UNIVERSITY OF KERALA,SENATE HOUSE CAMPUS, PALAYAM,THIRUVANANTHAPURAM, KERALA, PIN-695 034 (THE NAME OF THE 3RD RESPONDENT IS SUBSTITUTED AS 'UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR' INSTEAD OF 'THE REGISTRAR, UNIVERSITY OF KERALA' AS PER THE ORDER DATED

16.10.2024 IN IA NO.1/2024 IN WP(C) 36283/2024)

4 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695031 BY ADVS.

S.PRASANTH THOMAS ABRAHAM-R2 AND R3 P.SREEKUMAR (SR.)-R1 SRI. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 3^rd day of February, 2025 The petitioner, who is a member of the Syndicate of the University of Kerala, has approached this Court seeking to quash Ext.P1 Minutes of the meeting of the Standing Committee of the Syndicate held on 07.06.2024 to the extent of formation of the Selection Committee constituted for appointment of Assistant Professors on contract basis. 2. Ext.P1 Minutes of the meeting of the Standing Committee of the Syndicate would indicate that the University has decided to constitute a Selection Committee for the selection of Assistant Professors on contract basis in each Department consisting of the following members: 1. Convenor, Standing Committee of the Syndicate on Staff, Equipment and Buildings

2. Registrar

3. Head of the Department concerned

4. Subject expert

3. The petitioner would submit that the University Grants Commission has framed the UGC (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. As per Regulation 5.1, a Selection Committee for appointment to the post Assistant Professor should be chaired by the Vice Chancellor or his nominee. The constitution of the Selection Committee is also different. Respondents 1 to 3 are bound to follow the UGC Regulations in the matter of selection. That is not being done. Ext.P1 and all consequential action thereon are liable to be set aside, contends the petitioner.

4. Standing Counsel entered appearance on behalf of respondents 2 and 3 and resisted the writ petition. On behalf of respondents 2 and 3, it is submitted that the meeting of the Standing Committee of the Syndicate on Staff, Equipment and Buildings, held on 07.06.2024, considered the proposals for selection of Assistant Professors and decided to engage 16 Assistant Professors on contract basis in various Departments for handling courses under Four Year Undergraduate Programs in 15 subjects (excluding Hindi).

5. The Committee also decided to constitute a Selection Committee for the selection of Assistant Professors on contract basis in each Department consisting of Convenor, Standing Committee of the Syndicate on Staff, Equipment and Buildings, Registrar, Head of the Department concerned and Subject Expert. The Committee also recommended to seek concurrence from the Government for engaging faculties in project mode for handling Four Year UG Program offered in the corresponding Departments. There is nothing illegal in the constitution of the Committee.

6. The Standing Counsel further pointed out that the petitioner