Kochi: A division bench of Kerala High Court on Thursday cancelled the order of the single bench in the case pertaining to the appointment of Priya Varghese at Kannur University.
The order directing to quash the rank list of the Malayalam associate professor in the university was cancelled by the division bench while considering an appeal moved by Priya.
On November 17, 2022, Justice Devan Ramachandran's single bench ruled that work experience possessed by Priya is not valid to be considered for the appointment as an associate professor at Kannur University and ordered to review the rank list.
Criticising this verdict, Priya moved an appeal contending that the single bench issued the order based on a wrong appreciation of facts.
While considering the appeal, the division bench accepted Priya's arguments and ordered to cancel the single bench's order. Priya welcomed the division bench's order and said that justice is served now.
The judges observed: "...To examine the legality of the said findings, we deem it opposite to first examine the extent to which research and community outreach programmes are recognised as integral aspects of pedagogy under the Indian model of Higher Education that is regulated by the UGC..."
The judges also invoked the Humboldtian model of higher education that emphasises close integration of teaching and research.
"Under the said model, professors are not only responsible for imparting knowledge to students but also engage in original research contributing to the advancement of knowlegde...," the bench stated.
The bench further observed: "We are therefore of the view that the period spent by the appellant on pursuing her PhD degree under the Faculty Development Programme cannot be excluded while reckoning her teaching/research experience in the post of Assistant Professor for appointment as an Associate Professor pursuant..."
"...As regards the period spent by the appellant while on deputation to the Kannur university as Director of Students Services/Project Coordinator of the National Service Scheme (NSS), we find that the learned Single Judge has essentially relied on the averments in the counter affidavit filed by the appellant in the writ petition, where she had averred that her job did not involve any teaching in the strict sense, to hold that the period spent on the said deputation cannot count towards teaching experience. In our view, the answer to the question as to whether or not the experience gained by a teacher, while on deputation to a non-teaching post, qualifies as teaching experience must depend on the nature of the activities undertaken by the teacher in the post to which she is deputed and not merely by the classifiation - as teaching or non-teaching..."
Priya is the wife of K K Ragesh, the private secretary to Chief Minister Pinarayi Vijayan. Dr Joseph Scariah, assistant professor of Malayalam at St Berchmans College, Changanassery, who came second in the rank list moved a petition against Priya's appointment at Kannur University.
When the appointment triggered a political controversy, Governor Arif Mohammad Khan who is the chancellor of the universities in the state cancelled Priya's appointment citing controversy.
The single bench headed by Justice Ramachandran had observed that a candidate must have taught a minimum of eight years before applying for the post of associate professor and Priya's tenure as an assistant professor is not enough for her to be considered for the appointment.
“Priya herself agreed to the fact that she did not teach any class during the entirety of her PhD research period. Working with the NSS or serving as a student services coordinator are all non-teaching positions. Her tenure as the assistant director at the language institute cannot be considered as teaching experience either. The scrutiny committee made an error while evaluating all these qualifications," the single bench had pointed out.