IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 OP.No.13523 of 2002(I) ---------------------------- PETITIONER: -------------- DR.P.C. ALEX, ASSOCIATE PROFESSOR, DEPARTMENT OF CLINICAL MEDICINE, COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY, THRISSUR. BY ADVS. SRI.K.B.GANGESH SRI.ALEX JOSE PAIKADA RESPONDENTS: ------------------ 1. THE KERALA AGRICULTURAL UNIVERSITY REP. BY ITS REGISTRAR, MAIN CAMPUS, VELLANIKKARA, THRISSUR. 2. DEAN, COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY, THRISSUR. 3. DR. P.G. BABY, PROFESSOR, DEPARTMENT OF CLINICAL MEDICINE, COLLEGE OF VETERINARY & ANIMAL SCIENCES, MANNUTHY, THRISSUR. BY ADVS. SRI.N.D.PREMACHANDRAN, SC, AGRL.UNTY. SRI.N.SUGATHAN FOR R3 SMT.R.SEEMA SRI. N. N. SUGUNAPALAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.13523/2002 Order on C.M.P.No.22668/2002 in O.P.No.13523/2002 Dismissed. 21.06.2011 Sd/- T.R. RAMACHANDRAN NAIR, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF NOTIFICATION ALONG WITH THE QUALIFICATION FOR PROFESSOR DTD. 1311.89. EXT. P2 : COPY OF 25TH REPORT OF JUSTICE BHASKARAN NAMBIAR COMMISSION. EXT. P3 : COPY OF RECOMMENDATION OF REGISTRAR OF KERALA AGRICULTURAL UNIVERSITY TO ITS EXECUTIVE COMMITTEE DATED NIL. EXT. P4 : COPY OF MINUTES OF EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY. EXT. P5 : COPY OF ORDER No.GA/C1/2116/2002 DTD. 26.3.02. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P. No.13523 OF 2002 --------------------------------------- Dated this the 21st day of June, 2011. J U D G M E N T The petitioner who was working as Associate Professor in the 1st respondent University, aggrieved by the appointment of the 3rd respondent, has filed this original petition. The 3rd respondent was appointed as Professor as per Ext.P5 order under the Special Recruitment from Scheduled Caste and Scheduled Tribes. 2. The petitioner, at the time of filing of the original petition, was working as Associate Professor in the Department of Clinical Medicine, in the College of Veterinary and Animal Sciences under the 1st respondent University. The 3rd respondent was junior to the petitioner. 3. The notification for Special Recruitment was issued on 13.11.1989 and the last date for receipt of the application was O.P No.13523/2002 2 15.01.1990, and three posts of Professors were notified for appointment in faculty of Veterinary and Animal Sciences. The relevant qualifications mentioned in Ext.P1 are reproduced in paragraph 3 of the original petition. 4. What is contended is that the 3rd respondent was not qualified for the post of Professor as he was lacking the essential qualification mentioned in sub clauses (b) and (c) namely, Doctorate in the relevant subject and at least 10 years experience of teaching etc. 5. Learned counsel appearing for the 3rd respondent disputed the said pleas. It is pointed out by the learned counsel appearing for the 3rd respondent that in Ext.P2 report of the Justice Bhaskaran Nambiar Commission, permission was granted to continue the Special Recruitment as notified in Ext.P1. 6. My attention was taken to the averments in the counter affidavit with regard to the qualification and experience of the 3rd respondent. Evidently, clause (b) of the notification provides for alternate qualification also. Going by the averments in the counter affidavit, the 3rd respondent had the required experience O.P No.13523/2002 3 as well as the alternate qualification. 7. In paragraph 2 of the counter affidavit filed by the 3rd respondent, it is stated that the 3rd respondent had passed B.V.Sc and A.H. Degree in 1977 and M.V.Sc Degree in Clinical Medicine in 1989 from the Kerala Agricultural University. He was awarded Ph.D in Clinical Medicine and Therapeutics in 1994 by the Tamil Nadu Veterinary and Animal Sciences University. He was appointed was Junior Assistant Professor in the Kerala Agricultural University on 03.12.1977 and had continuous service as teacher from that date. He was promoted initially as Assistant Professor and further promoted as Associate Professor on 09.01.1990. Therefore, it is evident that he had 10 years of service as teacher in the University. The respondents 1 and 2 have filed a detailed counter affidavit stating that he was qualified. 8. The claim raised by the petitioner is for promotion if ultimately it is found that the 3rd respondent does not possess the required qualification. In the light of the fact that the 3rd respondent was qualified O.P No.13523/2002 4 and as the appointment was based on Special Recruitment, there is no infirmity in the recruitment process. It is also submitted by the learned counsel for the 3rd respondent that the petitioner was promoted as Professor in 2002. For all the above reasons, this original petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp