IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 OP.No. 7153 of 1997(B) ---------------------- PETITIONER: ------------ PARVATHY.S., W/O.K.P.VASUDEVAN, 43/1996-H, PEARL HAVENS, HAMSA KUNJU LANE, S.R.M. ROAD, KOCHI. BY ADV. SRI.M.R.RAJENDRAN NAIR SRI.M.R.SUDHEENDRAN RESPONDENTS: ------------- 1. KERALA AGRL. UNIVERSITY, REP. BY ITS REGISTRAR, TRICHUR. 2. THE RECRUITING OFFICER, KERALA AGRL. UTY., VELLANIKARA, TRICHUR. 3. THE VICE CHANCELLOR, -DO- ADDITIONAL 4TH RESPONDENT: 4. SHYLA JOSEPH, W/O.BABY JOHN, POYKAYIL HOUSE, KOZHUVANAL P.O., KOTTAYAM - 23. (ADDL.R4 IMPLEADED AS PER ORDER ON CMP.NO. 21983/98 DTD.9.7.98) BY ADV. SMT.P.JAYA, SC, AGRL. UNIVERSITY SRI.K.P.DANDAPANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.7153/97. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE NOTIFICATION DTD.31.7.96 BY R1. P2. COPY OF THE REPRESENTATION DTD.16.8.96 TO R1. P3. COPY OF THE MEMO DTD.25.3.97 BY R1. P4. COPY OF THE MEMO DTD.25.3.97 BY R1. P5. COPY OF THE REPRESENTATION DTD.10.4.97 TO R1. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.7153 of 1997 ================== Dated this the 18th day of February, 2008 J U D G M E N T The petitioner was an applicant for the post of Assistant Professor in Soil and Water Conservation Engineering in the faculty of Agricultural Engineering, pursuant to Ext.P1 notification invited for the purpose, by the Kerala Agricultural University. Petitioner's application was originally rejected on the ground that Bachelor's degree in Agricultural Engineering is essential, which the petitioner did not possess. However, the petitioner pointed out that as per the Amended Statute of 1995 of the Kerala Agricultural University, degree in Agricultural Engineering cannot be insisted on, for those who have taken make up course for at least 12 credits in the Trimester system or 18 credit hours in trimester system for P.G. Course in Agricultural Engineering from the Kerala Agricultural University, which the petitioner possesses. After repeated representations filed by the petitioner, by telegram, the petitioner was also called for interview. Although the petitioner did not have time to prepare for the o.p.7153/97 2 interview, she participated in the interview, but was not selected. Instead the additional 4th respondent was selected. The petitioner now challenges the selection of the additional 4th respondent. 2. The primary contention now raised by the petitioner is that because of the attitude of the University in first rejecting her application and calling her for interview at the last minute by telegram, amounts to arbitrary exercise of powers and therefore, the selection is liable to be interfered with and fresh selection is to be conducted. 3. The University has filed a counter affidavit, in which it is stated that the mistake was that of the petitioner in not intimating the University in time about her alternate qualification and as soon as the same was made known to them, they had taken action fast and issued memo to the petitioner directing her to appear for the interview, in which she participated. 4. I have considered the rival contentions in detail. 5. The selection was in the year 1997. We are in 2008. Admittedly the petitioner has participated in the interview. However, the petitioner is now challenging the interview itself on o.p.7153/97 3 the ground that she did not have sufficient time to prepare for the interview. The petitioner challenged the selection only after participating in the interview and finding her not included in the select list. In the above circumstances, I do not think that any purpose would be served in interfering with the selection at this point of time. Accordingly, the original petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.7153/97 4 S.SIRI JAGAN, J. ================ O.P.No.7153 of 1997-B ================ J U D G M E N T 18th February, 2008