IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 8800 of 2009(T) ------------------------------ PETITIONER: -------------- E.K.RADHAKRISHNAN, EDAYILEVEETTIL PADEETTATHIL, WEST FORT, MAVELIKKARA. BY MR.K.HARILAL, ADVOCATE. MR.R.GOPAN, ADVOCATE. RESPONDENTS: ------------------ 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILL P.O., KOTTAYAM. 2. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILL P.O., KOTTAYAM. BY MR.T.A. SHAJI, SC, M.G.UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.8800 OF 2009 --------------------------------------- Dated this the 17th day of June, 2009. J U D G M E N T The petitioner herein was an applicant to the post of Lecturer in the School of Environmental Science in Mahatma Gandhi University. The essential qualification required for the post was good academic record with at least 55% marks or on equivalent grade of B in the 7 point scale with latter grades O,A,B,C,D,E and F at masters degree level in the Environmental Science or any branch of life sciences from an Indian University or an equivalent degree from a Foreign University. However, qualifications like NET etc. are also specified. 2. The qualifications acquired by the petitioner are detailed in paragraph 3 of the writ petition. It is stated that the petitioner was the First Rank Holder in M.Sc Microbiology in Mahatma Gandhi University in the year 2001. In the year 2002, he passed W.P.(C) No.8800/2009 2 GATE with 87.87% marks. In the year 2002, he passed CSIR, UGCJRF and NET. During the year 2003-2005, he got CSIR Junior Research Fellowship and he got CSIR Senior Research Fellowship in the year 2005. In the year 2008, he got post doctoral Fellowship of Tokyo Bio Chemical Research Foundation in Japan. This writ petition is filed mainly for a direction to prepare and publish rank list pursuant to the interview conducted. 3. The University has filed a counter affidavit. It is averred in the counter affidavit that the Selection Committee found that no candidates were suitable for appointment. In paragraph 6, it is stated that a Screening Committee consisting of three members was constituted for screening the application for the post in question. Thereafter, the Selection Committee conducted an interview for the four candidates including the petitioner and submitted its recommendations to the Syndicate. The Syndicate in its meeting held on 09.01.2009 resolved to accept the recommendation of the Selection Committee in not ranking anybody, for none was found suitable. W.P.(C) No.8800/2009 3 4. Learned counsel for the petitioner vehemently submitted that the superior qualifications of the petitioner were more than sufficient for his selection and they have been overlooked by the University. It is also submitted that none of the other candidates were having the same qualifications like the petitioner and the University deliberately denied the appointment to him. 5. Since it is a decision of the Selection Committee unless malafides are alleged regarding the conduct of the interview, this Court will not be justified in sitting in appeal over the decision of the Selection Committee. Being a decision of the Academic Body, this Court will be loathe to interfere with such decision unless it is vitiated by patent illegalities, violations of rules and regulations and malafides. Herein the decision by the Selection Committee has been approved by the Syndicate also. 6. Learned counsel for the University submitted that going by the results of the interview, the petitioner stood second from among the four candidates. Whatever that be, since the decision is by the Selection Committee, this Court will not be justified in interfering in the matter. W.P.(C) No.8800/2009 4 In that view of the matter and as no other candidates were also selected, the writ petition fails and the same is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp