IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7033 of 2009(Y)
1. DR.C.V.THOMAS,
... Petitioner
Vs
1. THE MAHATMA GANDHI UNIVERSITY,
... Respondent
For Petitioner :SRI.B.MOHANLAL
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :30/03/2009
O R D E R
P.N.Ravindran, J.
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W.P.(C) No.7033 of 2009
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Dated this the 30th day of March, 2009.
JUDGMENT
Heard Sri. B.Mohan Lal, the learned counsel appearing for the
petitioner and Sri. T.A.Shaji, the learned standing counsel appearing for
the Mahatma Gandhi University.
2. By Ext.P6 notification dated 23.1.2009, the Mahatma Gandhi
University invited applications from eligible candidates for appointment
to the post of Assistant Director in the Department of Adult Continuing
and Extension Education. The qualifications prescribed in Ext.P6 for the
post of Assistant Director in the Department of Adult Continuing and
Extension Education are as follows:
“Essential:
1. First or Second class Master’s Degree with a
minimum of 55% marks in Social Sciences/Social Work/
Education/ Adult Education.
2. Ph.D. or M.Phil in Social Sciences/Social Work/
Education/Adult Education.
3. About 5 years’ experience of Field work/
Teaching/Research in the subject having bearing on Adult/
Continuing/ Extension/ Community/ Non-formal Education
or Community Development.
WP(C) 7033/09 -: 2 :-
Desirable:
Diploma in Adult and Continuing Education from a
recognized Indian University or an equivalent diploma/
degree from a foreign University.”
3. The petitioner who claims that he possesses the qualifications
prescribed by the Kerala University for the said post, challenges Ext.P6
on the ground that the Mahatma Gandhi University was bound to follow
the qualifications prescribed by the Kerala University, which have been
set out in Ext.P5 and therefore, Ext.P6 notification is liable to be
quashed. The post of Assistant Director in the Department of Adult
Continuing and Extension Education is not a post which is included in the
schedule to the Kerala University First Ordinances 1978. It is an ex cadre
post. By virtue of Section 99 (2) of the Mahatma Gandhi University Act,
1985 the Statutes and Ordinances in force in the Kerala University as on
2.10.1983 apply to Mahatma Gandhi University, till they are replaced by
Statutes and Ordinances framed by the Mahatma Gandhi University. The
Mahatma Gandhi University has admittedly not framed Ordinances
though Statutes have been framed. Therefore, the Kerala University First
Ordinances, 1978 continues to apply to the Mahatma Gandhi University.
However, since the post of Assistant Director in the Department of Adult
Continuing and Extension Education is not a post which is included in the
Kerala University First Ordinances, 1978 it is open to the Mahatma
Gandhi University to prescribe its own qualifications and method of
WP(C) 7033/09 -: 3 :-
recruitment for appointment to the post of Assistant Director in the
Department of Adult Continuing and Extension Education, which was
notified in Ext.P6. The Mahatma Gandhi University is not bound to follow
the qualifications prescribed by the Kerala University in Ext.P5 for the
post of Assistant Director in the Department of Adult Continuing and
Extension Education, for the reason that the qualifications set out in
Ext.P5 are not the qualifications prescribed by the Kerala University First
Ordinances, 1978, but by a University order.
I therefore find no merit in the challenge to Ext.P6. The Writ
Petition fails and is accordingly dismissed.
P.N.Ravindran,
Judge.
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