CENTRAL UNIVERSITY OF KERALA Vs. JOSHILA J.U

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 29/6/2021 in W.P.(C) No.3274 of 2020. The appellants were the respondents in the writ petition. Parties are referred to in this judgment for convenience, as they appear in the writ petition.

(2.) The matter relates to the selection for appointment to the post of Pharmacist in the Central University of Kerala (the University). In terms of Ext.P1 notification, applications were invited from eligible candidates for selection for appointment against the sole vacancy. The essential qualifications prescribed in terms of the notification were (i) 10 + 2 plus 2 years Diploma in Pharmacy and (ii) Registration with State Pharmacy Council. The petitioner who holds a Degree in Pharmacy (B.Pharm) as also a Post Graduation in Pharmacy (M.Pharm) applied for selection pursuant to Ext.P1 notification. The selection process was a 3-tier one, a preliminary examination, a final examination and a skill test. Though several candidates qualified in the preliminary examination, the petitioner alone qualified in the final examination. Even though the petitioner was called upon to participate in the skill test scheduled on 28/12/2019, she was not permitted to take part in the test after perusing her certificates, on the ground that she does not hold two years Diploma in Pharmacy, one of the qualifications prescribed in Ext.P1 notification. Insofar as the petitioner was found not holding the said qualification, the University issued Ext.P8 notice thereafter stating, "none found qualified ". The writ petition was instituted challenging Ext.P8 notice. The case set out by the petitioner in the writ petition is that insofar as Ext.P1 notification does not preclude persons like the petitioner who hold higher qualifications from participating in the selection process, Ext.P8 notice is bad.

(3.) A statement was filed on behalf of the University stating that the petitioner has made a false claim in the online application preferred by her for selection that she holds a Diploma in Pharmacy and but for the said false claim, she would not have been permitted to participate in the selection process.