IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 35555 of 2005(G) -------------------------- PETITIONERS: ------------------- 1. DR.T.PAVITHRAN,READER,DEPARTMENT OF MALAYALAM,PAYYANNUR COLLEGE, PAYYANNUR,KANNUR. 2. DR.P.G.PADMINI,READER, DEPARTMENT OF MALAYALAM, S.N.COLLEGE,KANNUR. BY ADV. SRI.N.SUGATHAN SRI.E.S.ASHRAF SMT.VARSHA BHASKAR RESPONDENTS: --------------------- 1. THE UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR,CALICUT UNIVERSITY POST, THENHIPPALAM,MALAPPURAM. 2. THE VICE CHANCELLOR,UNIVERSITY OF CALICUT,CALICUT UNIVERSITY POST, THENHIPPALAM,MALAPPURAM. 3. THE SELECTION COMMITTEE,CONSTITUTED FOR SELECTION TO THE POST OF PROFESSOR,DEPARTMENT OF MALAYALAM,UNIVERSITY OF CALICUT,REP.BY ITS CHAIRMAN,(VICE CHANCELLOR,UNIVERSITY OF CALICUT, CALICUT UNIVERSITY POST,THENHIPALAM,MALAPPURAM. BY ASOK M.CHERIAN, SC, CALICUT UNIERSITY FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXTS: EXT.P1 TRUE COPY OF THE NOTIFICALTION ISSUE3D BY THE UNIVERSITY OF CALICUT DTD.M 18/4/2005. EXTP.P2 TRUE COPY OF TE INTERVIEW MEMO ISSUED TO THE IST PETITIONER BY THE UNIVERSITY. EXT.P3 TRUE COPY OF THE INTERVIEW MEMO ISSUED TO THE 2ND PETITIONER BY THE UNIVERSITY. EXT.P4 TRUE COPY OF TH GUIDELINES ISSUD BY THE UNIVERSITY DATED 11/11/97. EXT.P5 TRUE COPY OF THE BIO-DATA SUBMITTED BY THE IST PETITIONER. EXT.P6 TRUE COPY OF CERTIFICATE DATED 18/5/2005 ISSUED BY THE REGISTRAR, KANNUR UNIVERSITY. EXT.P7 TRUE COPY OF THE APPLICATION DATED 23/5/2005 SUBMITTED BY THE 2ND PETITIONER. EXT.P8 TRUE COPY OF REPORT OF THE SUB COMMITTEE OF SYNIDCATE MEMBERS OF THE UNIVERSITY. EXT.P9 TRUE COPY OF THE JUDGMENT DATED 28/10/2008 IN W.P.(C) NO.31379/2005. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.35555 OF 2005 ---------------------------- DATED THIS THE 9TH DAY OF JANUARY,2009 JUDGMENT Similar cases were disposed of by this Court by judgment dated 4/12/2008 in W.P.(C).No.35486/205 and other connected cases. The matter relates to the irregularities pointed out by several applicants against the selection to the post of Reader, Professor etc. in various departments of the Calicut University. The Syndicate of the University had appointed a Sub Committee which reported several irregularities in the process of selection. In the connected cases this Court issued directions to the University to take further action based on the report submitted by the Sub Committee with notice to the selected candidates and after affording them a reasonable opportunity to make their representations against the findings in the report and also against the proposed action that the University intends to take. It is further directed that in the event the final decision taken is against the -2- W.P.(C.No.35555/2005 appointees, such order will be kept in abeyance for seven days, so that they can pursue their remedies in the meanwhile. 2. Ext.P8 is the Sub Committee report. The prayer made in this writ petition is also more or less same as in the connected cases. Pursuant to Ext.P1 notification, three applicants attended the interview. The Selection Committee did not select any candidate on the ground that the candidates are not qualified. The Sub Committee made an enquiry and it is reported that at least two candidates are fully qualified to be selected. The Sub Committee also found that the selection committee failed to follow the rule of reservation for selection among the eligible and qualified candidates. The Sub Committee further found that the reasons stated for disqualification of the candidates are unjustified. In the light of the enquiry report, the Selection Committee is bound to make selection in accordance with law. It is found by the Sub Committee that out of the 3 candidates the petitioners in this writ petition are fully qualified to be selected. -3- W.P.(C.No.35555/2005 3. In the light of the recommendation of the Sub Committee, there is no necessity to re-notify the vacancy of Professor in the Department of Malayalam. The respondents are directed to finalise the selection to the post of Professor in the Department of Malayalam of the University of Calicut, pursuant to Ext.P1 notification, within a period of two months from today. The candidates applied for shall be subjected to a fresh selection for the purpose of selecting the suitable candidate. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.