WA/1775/2020 of SREE SANKARACHARYA UNIVERSITY OF SANSKRIT Vs PADMA C.SHAJI on 29 December 2020

JUDGMENT

Dated this the 29th day of December 2020

A. Muhamed Mustaque, J.

These appeals are filed against an interim order dated 22.12.2020 of the learned Single Judge. Both matters relate tothe appointment to the post of Assistant Professor in SreeSankaracharya University of Sanskrit, Kalady. The petitionersin the writ petitions are the applicants to the above post. Theywere not shortlisted for the reason that they have not securedthe minimum marks in accordance with UGC Regulations andthe cut off marks fixed by the Syndicate. The learned SingleJudge on 22.12.2020, passed an interim order directing theUniversity to permit the writ petitioners to take part in theinterview provisionally and adjourned the matter for furtherconsideration on 7.01.2021. Perhaps, for want of time on

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account of Christmas holidays, the learned Single Judge couldnot hear the matter in detail. The discretionary relief granted bythe learned Single Judge is called in question in these WritAppeals. The learned Standing Counsel for the Universitytried to impress by arguing the matter on merits. According tothe learned Standing Counsel, if the Court passes an interimorder permitting the unqualified persons to take part in theinterview, that will pave way for many to approach the Courtseeking such an interim order, rendering the entire interviewprocess in chaos.

2. It is to be noted that the learned Single Judge couldnot go into the merits of the matter. The matter is thus, listed on7.01.2021. We do not find any error in the discretionary reliefgranted by the learned Single Judge, protecting the rights of thewrit petitioners, pending consideration of the writ petition.

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With liberty to the appellants to urge all the contentionsbefore the learned Single Judge, we dismiss both the WritAppeals.

Sd/-A.MUHAMED MUSTAQUEJUDGESd/-M.R.ANITHAJUDGE

PR

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APPENDIX OF WA NO. 1773/2020

PETITIONER'S EXHIBITS:ANNEXURE 1

TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE SYNDICATE OF THE UNIVERSITY HELD ON 18/01/2020.

ANNEXURE 2

Conclusion

TRUE COPY OF THE EXTRACT OF UGC REGULATIONS ON MINIMUM QUALIFICATIONS FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND OTHER MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION, 2018.

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APPENDIX OF WA NO. 1775/2020

PETITIONERS EXHIBITS:

ANNEXURE 1TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE SYNDICATE OF THE UNIVERSITY HELD ON 18.01.2020.

ANNEXURE 2

TRUE COPY OF THE EXTRACT OF UGC REGULATIONS ON MINIMUM QUALIFICATIONS,FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND OTHER MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION 2018.