High Court Kerala High Court

Dr.C.V.Thomas vs The Mahatma Gandhi University on 30 March, 2009

Kerala High Court
Dr.C.V.Thomas vs The Mahatma Gandhi University on 30 March, 2009
       

  

  

 
 
  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.
                          ==================
                         W.P.(C) No.7033 of 2009
                       =====================

                 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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