IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 7033 of 2009(Y) ------------------------------------ PETITIONER(S): ---------------------- DR.C.V.THOMAS, READER, DEPARTMENT OF ENGLISH, ST.STEPHEN'S COLLEGE, UZHAVOOR, KOTTAYAM, RESIDING AT CHERUKARA KUNNEL, KONDOOR VILLAGE, KALAKETTY P.O., KOTTAYAM. BY ADV. MR.B.MOHANLAL MR.VIJOY V. RESPONDENT(S): ------------------------- THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA, KOTTAYAM. BY ADV. MR.T.A. SHAJI, SC FOR M.G UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.Ravindran, J. ================== W.P.(C) No.7033 of 2009 ===================== Dated this the 30th day of March, 2009. JUDGMENT Heard Sri. B.Mohan Lal, the learned counsel appearing for the petitioner and Sri. T.A.Shaji, the learned standing counsel appearing for the Mahatma Gandhi University. 2. By Ext.P6 notification dated 23.1.2009, the Mahatma Gandhi University invited applications from eligible candidates for appointment to the post of Assistant Director in the Department of Adult Continuing and Extension Education. The qualifications prescribed in Ext.P6 for the post of Assistant Director in the Department of Adult Continuing and Extension Education are as follows: “Essential: 1. First or Second class Master's Degree with a minimum of 55% marks in Social Sciences/Social Work/ Education/ Adult Education. 2. Ph.D. or M.Phil in Social Sciences/Social Work/ Education/Adult Education. 3. About 5 years' experience of Field work/ Teaching/Research in the subject having bearing on Adult/ Continuing/ Extension/ Community/ Non-formal Education or Community Development. WP(C) 7033/09 -: 2 :- Desirable: Diploma in Adult and Continuing Education from a recognized Indian University or an equivalent diploma/ degree from a foreign University.” 3. The petitioner who claims that he possesses the qualifications prescribed by the Kerala University for the said post, challenges Ext.P6 on the ground that the Mahatma Gandhi University was bound to follow the qualifications prescribed by the Kerala University, which have been set out in Ext.P5 and therefore, Ext.P6 notification is liable to be quashed. The post of Assistant Director in the Department of Adult Continuing and Extension Education is not a post which is included in the schedule to the Kerala University First Ordinances 1978. It is an ex cadre post. By virtue of Section 99 (2) of the Mahatma Gandhi University Act, 1985 the Statutes and Ordinances in force in the Kerala University as on 2.10.1983 apply to Mahatma Gandhi University, till they are replaced by Statutes and Ordinances framed by the Mahatma Gandhi University. The Mahatma Gandhi University has admittedly not framed Ordinances though Statutes have been framed. Therefore, the Kerala University First Ordinances, 1978 continues to apply to the Mahatma Gandhi University. However, since the post of Assistant Director in the Department of Adult Continuing and Extension Education is not a post which is included in the Kerala University First Ordinances, 1978 it is open to the Mahatma Gandhi University to prescribe its own qualifications and method of WP(C) 7033/09 -: 3 :- recruitment for appointment to the post of Assistant Director in the Department of Adult Continuing and Extension Education, which was notified in Ext.P6. The Mahatma Gandhi University is not bound to follow the qualifications prescribed by the Kerala University in Ext.P5 for the post of Assistant Director in the Department of Adult Continuing and Extension Education, for the reason that the qualifications set out in Ext.P5 are not the qualifications prescribed by the Kerala University First Ordinances, 1978, but by a University order. I therefore find no merit in the challenge to Ext.P6. The Writ Petition fails and is accordingly dismissed. P.N.Ravindran, Judge. ess 1/4