Dr V. Madhu vs The Chancellor Of Cochin University Of Science And Technology & Ors.

Soumen Sen, C.J.

Heard Dr. V. Madhu, party-in-person, Mr. P. Sreekumar, learned Senior Advocate appearing for the 1^st respondent, Mr. George Poonthottam, learned Senior Advocate, instructed by Ms. Nisha George, learned counsel for the 5^th respondent, Ms. Kavya Varma, learned counsel for the 3^rd respondent, Mr. S. Krishnamoorthy, learned Standing Counsel for the 4^th respondent, and Ms. O.A. Nuriya, learned Senior Government Pleader.

A speculative litigation has been initiated by the petitioner alleging that the 5^th respondent was appointed on 29^th September 2006 as a Reader in Electronics under the reserved quota by misrepresentation. The petitioner is unable to establish that there has been any misrepresentation on the part of the 5^th respondent. Moreover, after 20 years, by which time the private respondent has served in various posts in the University, we cannot turn the clock back in the absence of any material to substantiate that he had manipulated the selection. The allegations are vague and clearly unsubstantiated. The basis of the writ petition is that, had the Selection Committee at that point of time taken into consideration that he was not qualified for the said post, he could not have been considered for the post of Vice Chancellor, as he would not have acquired the eligibility criteria to be considered for the post of Vice Chancellor.

We do not find any substance in the said argument, nor is it substantiated by any material on record. There is nothing on record to show that, during his tenure as a Reader in the University in question, there was any dereliction of duty or that he did not possess the required qualification for the post, which he held for over a period of 20 years.

The petitioner is also an Assistant Professor in the same University, and he claims to have been appointed at a point of time when the 5^th respondent was also considered for appointment in the University. It is unbelievable that, during the period of twenty years, the petitioner could not find any reason to doubt that the appointment of the 5^th respondent was irregular or illegal. Moreover, it cannot be said at this stage that there had been any illegality committed at the time of his appointment.

The petition appears to be a desperate attempt to prevent the 5^th respondent from continuing as the Vice Chancellor in-charge of the Cochin University of Science and Technology. Moreover, it appears that the 5^th respondent is only a Vice Chancellor-in-charge and has not been appointed as the full-time Vice Chancellor. In such circumstances, we do not find any reason to entertain this petition.

The petition is accordingly dismissed.

Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES CONTAINING THE EDUCATIONAL QUALIFICATIONS OF THE 5TH RESPONDENT, AS PUBLISHED IN THE CURRICULUM VITAE AVAILABLE ON THE CUSAT WEBSITE AND DOWNLOADED ON 25.05.2026,

Exhibit P2 THE TRUE COPY OF THE INVITATION LETTER DATED 08.01.2026 ISSUED BY THE HON’BLE CHANCELLOR OF THE UNIVERSITY OF CALICUT

Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE UGC REGULATIONS, 2000 PRESCRIBING THE MINIMUM QUALIFICATIONS FOR THE POST OF READER

Exhibit P4 THE TRUE COPY OF THE FACULTY RECRUITMENT (PROFESSORS, READERS AND LECTURES) NOTIFICATION DATED 05.10.2005 OF CUSAT

Exhibit P5 A TRUE COPY OF THE RTI REPLY DATED 22.04.2026 (REPLY TO QN.1 ABOUT EXPERIENCE OF R5), TOGETHER WITH THE DETAILS OF THE EXPERIENCE CERTIFICATE (DATED 14.11.2005) OF THE 5TH RESPONDENT AS TECHNICAL ASSISTANT FROM 12.07.1994 IN THE DEPARTMENT OF PHYSICS; UNIVERSITY OF KERALA

Exhibit P6 THE TRUE COPY OF THE RELIEVING ORDER DATED 30.08.2007 ISSUED BY THE PRINCIPAL, GOVERNMENT COLLEGE FOR WOMEN, THIRUVANANTHAPURAM, AND SUBMITTED BY DR. TITUS K. MATHEW BEFORE CUSAT, EVIDENCING THAT HE WAS SERVING IN THE CAPACITY OF SENIOR SCALE LECTURER,

Exhibit P7 THE TRUE COPY OF THE UNIVERSITY ORDER DATED 27.09.2007 EVIDENCING THE SAID APPOINTMENT OF DR. TITUS K. MATHEW AS READER IN THEORETICAL PHYSICS

Exhibit P8 THE TRUE COPY OF THE MINUTES OF THE SCRUTINY COMMITTEE HELD ON 05.07.2006 FOR THE READER SELECTION OBTAINED BY THE PETITIONER THROUGH RTI REPLY DATED 20.05.2026 FOR THE READER IN THEORETICAL PHYSICS (SL. NO 31) AND READER IN ELECTRONICS (SL.NO.32) ALONG WITH OTHER POSTS IN THE NOTIFICATION (EXHIBIT P4)

Exhibit P9 A TRUE COPY OF THE RELEVANT PAGES OF THE CURRICULUM VITAE OF MR. ABDULLA P EVIDENCING HIS EDUCATIONAL QUALIFICATIONS IN ELECTRONICS AND TEACHING EXPERIENCE IN ELECTRONICS AT THE TIME OF SELECTION, DOWNLOADED FROM THE CUSAT WEBSITE ON 25.05.2026,

Exhibit P10 A TRUE COPY OF THE RELIEVING ORDER ISSUED BY THE DEPUTY REGISTRAR (ADMINISTRATION III), UNIVERSITY OF KERALA, DATED 28.09.2006, WHICH WAS PRODUCED BY THE 5TH RESPONDENT AT THE TIME OF JOINING DUTY AS READER IN ELECTRONICS AT CUSAT

Exhibit P11 THE TRUE COPY OF THE ORDER DATED 29.10.2006 APPOINTING 5TH RESPONDENT AS READER IN ELECTRONIC (SL. NO 32 OF EXHIBIT 4) WITHOUT UGC/AICTE MINIMUM QUALIFICATION FOR THE POST ALONG WITH TYPED CLEAR COPY

Exhibit P12 THE TRUE COPY OF THE PROMOTION DETAILS OF THE 5TH RESPONDENT AND FRONT PAGES OF FOUR PUBLICATIONS ALONG WITH OTHER READERS/ASSOCIATE PROFESSORS WHO WERE PROMOTED ALONG WITH 5TH RESPONDENT, OBTAINED BY THE PETITIONER THROUGH THE RTI REPLY DATED 01.09.2023

Exhibit P13 THE TRUE COPY OF THE ORDER DATED 02.12.2014 PROMOTING THE 5TH RESPONDENT AS PROFESSOR IN ELECTRONICS WITH EFFECT FROM 24.10.2013

Exhibit P14 THE TRUE COPY OF THE RELEVANT PAGES OF CHAPTER V, SECTION 31 (SELECTION COMMITTEE) OF THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY ACT, 1986 FORCED ON 30.11.1986

Exhibit P 15 A TRUE COPY OF THE SAID UNIVERSITY ORDER DATED 13.09.2021IMPOSING DISCIPLINARY ACTION AND MINOR PENALTY 'CENSURE' ON 5TH RESPONDENT

Exhibit P16 A TRUE COPY OF THE LIST OF STATE UNIVERSITIES IN KERALA, DOWNLOADED FROM THE OFFICIAL WEBSITE ON 25.04.2026,

Exhibit P17 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 29.09.2019 IMPLEMENTING THE UGC REGULATIONS, 2018 IN THE STATE UNIVERSITIES OF KERALA

Exhibit P18 THE TRUE COPY OF THE NOTIFICATION DATED 20.09.2024 BY THE 1ST RESPONDENTS APPOINTING THE 5TH RESPONDENT AS VICE-CHANCELLOR (I/C) OF COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY WITH EFFECT FROM 21.09.2024 BASED ON THE PROMOTION OF PROFESSOR IN ELECTRONICS (EXHIBIT P13)

Exhibit P19 THE TRUE COPY OF THE RELEVANT PAGES OF THE CUSAT ACT, 1986, DESCRIBING THE STATUTORY AUTHORITIES AND OFFICERS OF THE UNIVERSITY, INCLUDING THE CHANCELLOR (SECTION 8) , PRO-CHANCELLOR (SECTION 9) , VICE-CHANCELLOR (SECTION 11) , PRO-VICE-CHANCELLOR, REGISTRAR (SECTION 13) AND OTHERS

Exhibit P20 THE TRUE COPY OF THE RELEVANT PAGES OF SECTION 7.3: VICE CHANCELLOR, UGC REGULATION2018

Exhibit P21 A TRUE COPY OF THE RELEVANT PAGES OF THE THREE BENCH JUDGMENT INCLUDING THE CHIEF JUSTICE IN THE CASE OF DR. PREMACHANDRAN KEEZHOTH & ANR. V. THE CHANCELLOR, KANNUR UNIVERSITY & ORS., CIVIL APPEAL NO. 7700 OF 2023, DATED 30.11.2023, CONTAINING PARAGRAPHS 27 TO 39 UNDER SECTION J ABOUT ISSUANCE OF QUO WARRANTO

Exhibit P22 THE TRUE COPY OF THE JUDGEMENT DATED 18.06.2026 IN THE W.P (PIL) NO.121/2026 WITH SAME MATTER AND SAME EXHIBITS

Exhibit P23 THE TRUE COPY OF THE LATEST E-MAIL REPRESENTATION DATED 22-06-2026 AGAINST 5TH RESPONDENT AND HIS LACK OF ELIGIBILITY FOR THE APPOINTMENT OF 'READER IN ELECTRONICS' BASED ON THE T.V. NEWS REPRESENTED BY THE PETITIONER TO THE HIGHER AUTHORITIES (CHANCELLOR OF CUSAT & HIGHER EDUCATION SECRETARY)