IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 17891 of 2011(J) -------------------------- PETITIONER: --------------- DR.P.SIVAPRASAD,PROFESSOR & ASSOCIATE DIRECTOR OF RESEARCH,DEPARTMENT OF PLANT PATHOLOGY COLLEGE OF AGRICULTURE,VELLAYANI,TRIVANDRUM RESIDING AT VETTUVILAYIL,KARUNYA-197,KOCHULLUR, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM-11. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT(S): ------------------------ 1. THE CHANCELLOR OF UNIVERSITITES, RAJ BHAVAN,THIRUVANANTHAPURAM 695 003. 2. THE REGISTRAR ,KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA,THRISSUR 680 654. BY STANDING COUNSEL SHRI K.P.MUJEEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 17891/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE CURRICULUM VITAE OF THE PETITIONER DT.27.11.08. EXT.P2 : COPY OF THE SCORE SHEET. EXT.P3 : COPY OF THE REPRESENTATION DT.14.1.11. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17891 Of 2011-J -------------------------------------------------- DATED THIS THE 4TH DAY OF JULY, 2011 J U D G M E N T The petitioner seeks for a direction to the Chancellor of the University to consider and pass orders on Exhibit P3 representation filed by the petitioner. 2. The petitioner is working as Professor and Associate Director of Research in the Department of Plant Pathology, College of Agriculture, Vellayani, Thiruvananthapuram. By notification dated 2.7.2008, the University invited applications from eligible candidates for appointment to the post of Dean in the Faculty of Agriculture, Agriculture Engineering, Fisheries, Director of Research, Director of Extension, etc. Qualifications have also been prescribed therein. It is submitted by the petitioner that being a qualified candidate, he applied for the post of Dean and Director of Research. 3. The grievance raised by the petitioner is regarding the manner in which the selection was completed. From the ranked list now published, one Shri Dr.Swaroop John and Sri W.P.(C)No.17891/11 -2- Dr.T.R.Gopalakrishnan were selected and appointed as Dean (Agriculture) and Director of Research. According to the petitioner, they were not having any accomplishment in the field of education and teaching as mandatorily required under the Statute for selection to the post of Dean(Agriculture) and director of Research. 4. It is pointed out that the a reading of Exhibit P2 will show that there are glaring manipulations to favour Shri Swaroop John to pull down the petitioner from the selection process. The petitioner, therefore contends that Shri Dr.Swaroop John and Sri Dr.T.R.Gopalakrishnan have been selected and appointed for extraneous reasons. 5. The power of the Chancellor to adjudicate on the validity of the decision of the Executive Committee is conferred under the proviso to Section 12 of the Kerala Agricultural University Act, 1971. Going by the proviso, if any question arises as to whether Executive Committee or Academic Council has acted in accordance with such powers conferred under the Act, the question shall be decided by the Chancellor and his decision shall be final. The above provision is relied upon by the W.P.(C)No.17891/11 -3- learned counsel for petitioner. 6. This Court is not pronouncing anything on the merits of the matter now, since it is upto the Chancellor of the University to take a decision in the matter. Accordingly, a decision will be taken on Exhibit P3 within a period of five months from the date of receipt of a copy of this judgment after hearing the petitioners, the University and the appointees. The petitioners will forward a copy of the Writ Petition along with a certified copy of this judgment to the 1st respondent for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn