IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 13238 of 2005(A) -------------------------------- PETITIONER: -------------- MRS. ANITHA JACOB, W/O. SUNIL MATHEW K., KALARICKAL, UDAYAMCHIRAYIL, MANEED P.O., PIRAVAM, ERNAKULAM - 686 726, BY MR.V.RAJENDRAN, ADVOCATE. RESPONDENTS: ------------------ 1. THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY CAMPUS, THENHIPALAM, MALAPPURAM. 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALIUCT. BY MR.ASOK M.CHERIAN,SC,CALICUT UNIERSITY FOR R1 & R2 MR.E.S.ASHRAF, SC, CALICUT UNIVERSITY FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13238/2005 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE NOTIFICATION DTD. 12.8.04 APPEARED IN THE MATHRUBHUMI DAILY. EXT. P2 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER. EXT. P3 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 01.03.2005. EXT. P4 : COPY OF the COMMUNICATION ISSUED BY THE 1ST RESPONDENT DTD. 21.3.2005. EXT. P5 : COPY OF THE EXTRACT OF THE OFFICIAL PUBLICATION OF THE UNIVERSITY WHEREIN DEPARTMENT OF LIFE SCIENCE IS MENTIONED. EXT. P6 : COPY OF THE INFORMATION BULLETIN PUBLISHED BY THE UNIVERSITY GRANTS COMMISSION. RESPONDENT'S EXHIBITS: EXT. R1(a) : COPY OF THE LIST OF CANDIDATES WITH DETAILS, DRAWN ALPHABETICALLY BY THE SELECTION COMMITTEE. EXT. R1(b) : COPY OF THE MINUTES OF THE MEETING OF THE SELECTION COMMITTEE HELD ON 9.11.2004. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.13238 OF 2005 --------------------------------------- Dated this the 26th day of May, 2009. J U D G M E N T This writ petition is filed by the petitioner challenging Exhibit P4 by which the University informed that only candidates with M.Sc Degree in Life Sciences need be called for further proceedings for selection to the post of Technical Assistant in the Department of Life Sciences. 2. The petitioner is having M.Sc Degree in Applied Microbiology. Exhibit P1 is the notification issued by the University wherein the post notified for appointment is Technical Assistant in the Department of Life Sciences. The educational qualification shown is; first or second class M.Sc Degree in Life Sciences with not less than 55% marks in the subject concerned of an Indian University. Ph.D is shown as a desirable qualification. W.P.(C) No.13238/05 2 3. According to the petitioner, none of the Universities in Kerala are offering M.Sc Degree in Life Science and the subject like Applied Microbiology is generally known as Life Science. The petitioner, therefore, has produced materials to show that the disciplines like Bio-Chemistry, Microbiology and Physiology are generally known as Life Science and hence the petitioner's application should have been considered. 4. By Exhibit P4 it was informed to the petitioner that the Selection Committee convened for screening the applications had resolved that only candidates with M.Sc Degree in Life Sciences need be called for further proceedings. The question is whether the said stand taken by the University is correct or not. 5. Going by the notification, the qualification prescribed is M.Sc Degree in Life Sciences. Admittedly, the petitioner's qualification is M.Sc Degree in Applied Microbiology. Since the resolution taken by the Screening Committee is to the effect that only persons having M.Sc Degree in Life Sciences alone should be considered for selection, the candidates like the petitioner cannot be considered by them. W.P.(C) No.13238/05 3 6. In the counter affidavit, the University has stated that there are candidates who have produced Certificates having M.Sc Degree in Life Science issued by different Universities including Calicut University. Therefore, it is not a case where there is total absence of candidates who possess M.Sc Degree in Life Science itself. 7. Learned counsel for the petitioner vehemently contended that the question whether M.Sc Degree in Applied Microbiology will also be a Degree in Life Science has to be examined. But, the said argument cannot be accepted in the light of the clear decision of the Screening Committee that only candidates with M.Sc Degree in Life Sciences need be called for further proceedings. Since it is a decision of the Academic Body, this Court will not be justified in sitting in appeal over their decision. Apart from that, it has also come out from the pleadings that there are candidates having M.Sc Degree in Life Science as applicants for the post. In the light of the above, the stand taken by the University cannot be said to be faulty. The writ petition fails and the same W.P.(C) No.13238/05 4 is dismissed. It is pointed out by the learned standing counsel that so far the selection has not been finalized. The University is free to take a decision in the matter. T.R. RAMACHANDRAN NAIR JUDGE smp