A division bench of the High Court has upheld the appointment of 10 assistant professors at Thunchath Ezhuthachan Malayalam University. The division bench comprising Justice A.M. Shaffique and Justice V.G. Arun dismissed the challenges raised against the appointment of teachers made in 2016.
The bench overturned the impugned judgment of a High Court single bench, which had found faults in the appointment of teachers when K. Jayakumar was Vice Chancellor of the varsity.
Justices Shaffique and Arun found that there was nothing wrong in the procedures followed in the appointment of 10 teachers to the departments of environmental studies, local development studies, sociology, history, and film studies.
The appointment of assistant professors was challenged by candidates who had unsuccessfully applied for the posts. The division bench ruled that the petitioners who had taken part in the selection process without demur had no right to challenge the selection process on being unsuccessful.
“The legal position that a person who had consciously taken part in a selection process cannot turn around and question the method of selection is well settled,” the judges said.
Quoting several Supreme Court judgments, the bench dismissed the challenges raised against the appointment of experts in the selection committee. It also rejected challenges raised against ignoring the Academic Performance Indicator (API) scores. The court found that API scores had no significance for entry-level appointments.
The assistant professors whose appointment the court has upheld are Sreeja V., Manjusha Varma, Danya R., Sudheer Salam, K.S. Hakim, S.S. Swapna Rani, Sreeja N.G., Vidhya R., Sreeraj, and Jainy Varghese. They were challenged by a group led by P. Satheesh.
Former Malayalam University Vice Chancellor K. Jayakumar, who was the selection committee chairman, said he was happy at being exonerated.