Title:- Time period of PhD is count as experience for the candidate who applies for any rank.

Case Briefing:- Priya Varghese V Dr. Joseph Skariah .

Appellant:- Priya Varghese

Resplendent :- Dr. Joseph Skariah

Date:- 22nd june 2023

CaseNo. :- W.A.N. 27 OF 2023

Coram:-Hon’ble Mr. Justice A K Jayasankaran Nambiar and Hon’ble Mr. Justice Mohammed Nias C P.

Facts of the case:-

Priya Varghese is the wife of KK Ragesh a  prominent leader of the Communist Party of India and Chief Minister Pinarayi Vijayan's private secretary.

1.      The writ petition is challengedby Mr. Joseph Skariah. He is an Assistant Professor at St. Berchman's College, Changanassery. He  challenges the validity of the Kannur University's notification (Ext.P4) that published the provisional rank list for the selection of Associate Professor in the Department of Malayalam.

2.      It is said that the 5th respondent got the 1st rank but the petitioner was ranked second.

3.      The writ petitioner stated that the appellant is not qualified for the post of assistant professor because of some reasons :-

4.      She lacks of minimum prescribed experience. And She was given disproportionate marks by the Selection committee.

5.      Earlier the single bench of judges focused if her experience was enough as required according to the post of assistant professor.

6.      The single bench of judges concluded that appellant’s experience could not be considered according to UGC guidelines.

7.      After that Priya Varghese challenged the decision through writ petition in high court and argued to reevaluate her credits.

Appellant’s contention:-

1.      The appellant’s Counselargued that the writ petition was defective due to non inclusive nature of Kanpur University.

2.      The counsel asserts that appellant’s experience as the director of student services ought to recognize as teaching/ research experience.

Petitioner contention:-

1.      Petitioner contended that the top rank candidates like appellant who lacks the experience but after that selection was in her favour.

2.      Such type behaviour of university may down the motivation of the genuine candidates who are really eligible for the post of assistant professor.

Refrence cases :-

Case :- Basheer A. (Dr) V. Dr. Saiful islam A and others (2014)

Case :- k.s. puttaswamy and Another V. Union of india and others (2017).

Issue :-

The main issue is here that is 8 years experience is necessary for the post of assistant professor in mentioned university?

Court observation:-

The High court overturned the single bench’s decision and upheld her appointment. Also, criticise the media for giving unjustified remarks and comments to the respondents and petitioners. The court also acknowledged that the media ought to follow caution during reporting on court proceedings.

Held:-

After giving time to both of parties and think with the dual perspective it was held that the writ petition is allowed.