Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH DAY OF DECEMBER 2012 28TH AGRAHAYANA 193 WP(C).No. 26704 of 2012 (K) --------------------------------------- PETITIONER(S): ---------------------- 1. SOUMYA SOMAN, AGED 2 YEARS THOPPIL HOUSE, KANNAMPILLY ROAD, PACHALAM, KOCHI-682012.
2. AJITH S.BHARATHAN, NANDANAM HOUSE, APPLE GARDEN, PUTHENKADU VETTUKAD P.O., THRISSUR-680014. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): ------------------------- 1. THE UNIVERSITY GRANTS COMMISSION, UNIVERSITY GRANTS COMMISSION, NEW DELHI-110 001 REPRESENTED BY THE SECRETARY.
2. THE CO-ORDINATOR, UGC NATIONAL ELIGIBILITY TEST FOR JUNIOR FELLOWSHIP AND ELIGIBILITY FOR LECTURESHIP JUNE,2012, OFFICE OF THE UNIVERSITY GRANTS COMMISSION, NEW DELHI-110 001.
3. NATIONAL EDUCATIONAL TESTING (NET) BUREAU, UNIVERSITY GRANTS COMMISSION, NEW DELHI-110 001. BY SRI.S.KRISHNAMOORTHY, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MJL WP(C).No. 26704 of 2012 (K) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE NOTIFICATION PUBLISHED IN DATED 21 4/2012. EXT.P2 TRUE COPY OF THE HALL TICKET OF IST PETITIONER EXT.P3 TRUE COPY OF THE HALL TICKET OF 2ND PETITIONER EXT.P4 TRUE COPY OF THE MARK SHEET OF IST PETITIONER EXT.P5 TRUE COPY OF THE MARK SHEET OF 2ND PETITIONER RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P A TO JUDGE MJL T.R.RAMACHANDRAN NAIR, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 26704 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 19th DAY OF DECEMBER, 2012 JUDGMENT This writ petition is filed by the petitioners who appeared for the National Eligibility Test conducted by the University Grants Commission, praying for a declaration that the fixation of aggregate marks after the issuance of Ext.P1 is arbitrary and unreasonable.
2. The legal issue is covered in favour of the petitioners in the light of the common judgment of this Court in W.P.(C) No.22187/2012 and connected cases, dated 17.12.2012, wherein this Court has declared that the proceedings fixing the category-wise qualifying criteria for Lectureship eligibility, cannot be sustained. Paragraphs 53 and 54 of the said judgment are extracted below: "53. Therefore, the fixing of the higher aggregate marks as 65%, 60% and 55% for three categories, that too just before the announcement of the result, cannot be justified as the same is not supportable in law in the light of the principles already discussed. What was absent in the regulation cannot be introduced at the fag end of the examination, just before the announcement of the result, whatever may be the justification for the same.
54. In the light of the above, the writ petitions are allowed. W.P.(C).No.26704/12 -2- The proceedings fixing the category-wise qualifying criteria for Lectureship eligibility impugned in the writ petitions, is quashed. It is declared that all the petitioners who have obtained the separate minimum prescribed in the notification for Papers I, II and III, have cleared the NET and appropriate follow up actions will be taken to issue certificates to them within one month from the date of receipt of a certified copy of this judgment." 3. In the light of the above, this writ petition is allowed. It is declared that the petitioners who have obtained the separate minimum prescribed in the notification for Papers I, II and III, have cleared the NET and appropriate follow up actions will be taken to issue certificates to them within one month from the date of receipt of a certified copy of this judgment. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) kav/