'Reconstitution Of Committee In The Middle Of Interview Arbitrary': Kerala High Court Cancels Appointment Of Asst Professors In Kannur University

The Kerala High Court cancelled the selection of Assistant Professors in Kannur University made by the Selection Committee partly chaired by the former Vice Chancellor Gopinath Ravindran. In-midst of the selection process, on November 30, 2023 the Supreme Court had set aside the appointment of Dr. Gopinath Ravindran as the VC of the University.On the second day of the interview, Dr. Gopinath Ravindran had substituted himself in the Committee with another Professor of the University thereby reconstituting the committee which the court said was highly illegal and arbitrary. The court while setting aside the selection of the assistant professors directed the University authorities to conduct a fresh selection for the post.Justice N. Nagaresh said that the VC could not have substituted himself in the Selection process in the midway. The Court held that if the Chairman could not preside over the Selection Committee due to some reason, the appropriate step would have been to cancel the interview process already held and subject all the candidates to a fresh interview process by a reconstituted Committee.“When Notification is for recruitment to a limited number of posts of Assistant Professor, reconstitution of the Selection Committee in the midway of the interview proceedings would cause injustice to the candidates appearing in the interview. It would also raise concerns of motive behind reconstitution of the Committee. If the Vice Chancellor had any personal or other difficulty in presiding over the Selection Committee proceedings on 30.11.2023, it would have been appropriate to cancel the interview proceedings held in part and subject all the candidates to appear in a fresh interview proceedings by the reconstituted Committee.The reconstitution of the Selection Committee during the middle of the interview proceedings is highly illegal and arbitrary. Any selection made pursuant thereto cannot stand the scrutiny of law."The Selection Committee was constituted to conduct joint interview for the posts of Assistant Professor (Geography) on tenure basis as well as for the Assistant Professor (Geography) on regular basis. The interview was scheduled on November 29 and 30, 2023. The Committee initially constituted was chaired by Dr. Gopinath. However, on November 30, 2023 – the day of the Supreme Court order–another professor of the University chaired the Committee. The University and the Selection Committee claimed before the Court that the substitution was made on November 29 by Dr. Gopinath due to health reasons, while he was still the Vice Chancellor. Subsequent to the selection process, assistant professors were appointed. This selection was challenged by 2 other candidates who were called for interview. They questioned the re-constitution of the Selection Committee in the midst of the interview and argued that the entire process should be done afresh. This argument was accepted by the High Court.No illegality in Conducting Common Interview For Regular and Tenure PostsThe Court held that there is no illegality in conducting common interviews to the posts of Assistant Professor (Geography) on regular basis and tenure basis. The petitioner had argued that a common interview cannot be conducted as the yardstick and method of recruitment for a regular post and tenure post is different. The Court noted that the education qualification prescribed for both the posts is same, nature of work is more or less the same. The Court held that there was no illegality in conducting a common interview.Member of Selection Committee is a former Guide of A Candidate will not vitiate SelectionOne of the petitioners had alleged bias saying that one of the members of the Committee was the supervisor of one of the selected candidates while he did his research in Jawaharlal Nehru University. The petitioner argued that to make the process bias-free, the member should have recused from the Committee. The member submitted before the Court that he did not know who all were attending the interview and therefore he could not recuse beforehand. He also submitted that he could not have influence the decision of a 7-member committee. The Court held that the mere fact that one of the members was the Supervisor of the dissertation of a candidate would not vitiate the selection proceedings."For the afore reasons, I find that the selection proceedings impugned in these writ petitions are liable to be set aside. Ext.P4 provisional ranklist dated 19.12.2023 in W.P.(C) No.43934/2023 (Ext.P5 in W.P.(C) No.792/2024) and Ext.P4 Minutes of the meeting of the Syndicate held on 12.12.2023 (in W.P.(C) No.792/2024) in so far as it approves the score sheet of the Selection Committee, are set aside. The respondents are directed to conduct selection afresh to the post of Assistant Professor notified under Exts.P1 and P2 Notifications in W.P. (C) No.43934/2023," the court said while disposing of the pleas. Case Title: Dr. K. B. Bindu v The Kannur University...

'Reconstitution Of Committee In The Middle Of Interview Arbitrary': Kerala High Court Cancels Appointment Of Asst Professors In Kannur University

Manju Elsa Isac

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