IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WA.No. 2408 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN W.P(C).NO.25071/2004 DATED 05/09/2008 .................... APPELLANT: ------------------- K.SHEELAMMA, W/O. N.VASAVAN, AYILLYAM, KARIMPANA P.O., KOOTHATTUKULAM, ERNAKULAM DIST. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, ERNAKULAM DISTRICT, REPRESENTED BY ITS REGISTRAR. 2. SYNDICATE OF THE SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, ERNAKULAM DIST. 3. THE VICE CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, ERNAKULAM DIST. 4. SMT. A. ANITHA, LECTURER, DEPARTMENT OF SOCIAL WORK, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REGIONAL CENTRE, PAYYANNORE. 5. THE HIGHER EDUCATION SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 6. JOSE ANTONY , LECTURER IN SOCIAL WORKS DEPARTMENT, S.S.U.S. KALADY, KALADY P.O, ERNAKULAM DIST. W.A. NO. 2408/2008: 7. P.V. BABU, LECTURER IN SOCIAL WORKS DEPARTMENT, S.S.U.S. REGIONAL CENTRE, PAYYANNORE P.O., PAYYANNORE. 8. P.MADHU, KARTHIKA, KUTTIPURAM P.O., KUTTIPURAM, MALAPPURAM DIST. 9. SOPHY JACOB, LECTURER IN SOCIEAL WORKS DEPARTMENT, S.S.U.S. KALADY, KALADY P.O., ERNAKULAM DIST. 10. SEENA ABRAHAM, LECTURER IN SOCIAL WORKS DEPARTMENT, S.S.U.S. KALADY P.O., ERNAKULAM DIST. 11. SEEMA BHASKARAN E, CHITTILATH HOUSE, CHENGALOOR P.O., THRISSUR. 12. MATHEW P.M., DEPARTMENT OF SOCIAL WORKS, ST. JOSEPH'S COLLEGE, DEVAGRI, KOZHIKODE. 13. RESHMA BHARADURAJ, LECTURER IN SOCIAL WORKS DEPARTMENT, S.S.U.S., KALADY, KALADY P.O., ERNAKULAM DIST. 14. BEENA K, (KUTTIPARAMBIL), C/O. DR.RAJAGOPALAN, INDEEVARAM, T.C. 38/1411, POOTHOLE P.O.,THRISSUR. 15. SANTHOSH M.R., MULLUPARAMBIL HOUSE, VARAPUZHA P.O., ERNAKULAM. 16. RINCY SEBASTIAN, LECTURER IN SOCIAL WORKS DEPARTMENT, S.S.U.S. REGIONAL CENTRE, PAYYANNORE P.O., PAYYANNORE. 17. PRIYANKA MOHAN, KERALA WORKING WOMEN'S ASSOCIATION HOSTEL, NEAR CO-OPERATIVE BANK TOWERS, VIKAS BHAVAN, THIRUVANANTHAPURAM. 18. PREETHY WILSON, D/O. V.C. WILSON, VATTATHIL HOUSE,KUTHIRAPANTHI WARD, ALAPPUZHA. 19. ROSAMMA VARGHESE, ELUVATHINGAL HOUSE, VIDYA NAGAR, ANCHERY P.O.,THRISSUR. BY ADV. SRI. P.K. VIJAYA MOHAN, SC, S.S.U.S. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & P.R.RAMACHANDRA MENON, J. -------------------------------------- W.A.No.2408 of 2008 ------------------------------------- Dated 8th January, 2009 JUDGMENT Koshy, Ag.C.J . Appellant/petitioner challenges appointment of fourth respondent as Lecturer in the Department of Social Work at Sreee Sankaracharya University of Sanskrit, Kalady. It is the contention of the petitioner that selection committee was not constituted properly, that experts were chosen by the Vice Chancellor and not by the Syndicate and that head of the Department was not available as provided. It is submitted by the respondents that the Syndicate was not in session and it was also submitted that for want of quarum, Syndicate was not able to hold meeting on three occasions and the option to the Vice Chancellor is only to exercise the discretion under Section 26(7) of the Sree Sankaracharya University of Sanskrit Act, 1994. In such circumstances, Vice Chancellor has to appoint experts. There are no allegations of malafides or incompetence against the experts appointed. There was no head of the department in the University for social work at that time. Teacher in charge was not taken because the petitioner was working as Guest Lecturer in the same Department. The learned Judge W.A.2408/2008 2 noticed that the petitioner participated in the interview, but, she was ranked 13 in the list, whereas the fourth respondent was ranked 8. After participating in the interview, when the petitioner was not selected, she cannot challenge the selection. Learned Judge also noticed that apart from the better marks of the petitioner, she was only a Second Class MSW, whereas the fourth respondent is First Class with 66.7% marks in MSW. Both were scheduled caste candidates and had required qualifications. Petitioner was already appointed and joined service as Lecturer four years back and she is continuing as a permanent Lecturer. In the absence of any malafides on the committee members, the writ petition was dismissed. We agree with the views of the learned single Judge. In any event, we are of the opinion that this is not a fit case where extraordinary jurisdiction of this court need be exercised on the facts of this case in an intra court appeal. The appeal is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON JUDGE tks