IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE31T DAY OF JANUARY201411TH MAGHA, 1935 WP(C).No. 30595 of 2012 (Y) ---------------------------- PETITIONER : ---------- ANUSREE C., AGED24YEARS, D/O. SASIKUMAR.P.T., DEVI NIVAS, POST PUTHEN PALLI, GURUVAYOOR, CHAVAKKAD THALUK THRISSUR DISTRICT-680103. BY ADV. SRI.RAJIT RESPONDENTS : ----------- 1. THE UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY, NEW DELHI-110001.
2. THE CO-ORDINATOR, UGC (UNIVERSITY GRANTS COMMISSION) NATIONAL ELIGIBILITY TEST FOR JUNIOR FELLOWSHIP AND ELIGIBILITYFOR LECTURER SHIP-JUNE2012 OFFICE OF THE UNIVERSITY OF GRANTS COMMISSION, NEW DELHI-110001.
3. NATIONAL EDUCATIONAL TESTING/(NET) BUREAU, UNIVERSITY GRNATS COMMISSION, NEW DELHI-110001. BY SRI.S.KRISHNAMOORTHY, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON3101-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP WP(C).No. 30595 of 2012 (Y) APPENDIX PETITIONER'S EXHIBITS : P1: COPY OF THE NOTIFICATION ISSUED BY THE R3 DOWNLOADED FROM THE WEBSITE OF THE R1. P2: COPY OF THE DETAILED NOTIFICTION PUBLISHED BY THE R1 DOWNLOADED FROM ITS WEBSITE. P3: COPY OF THE HALL TICKET ISSUED TO THE PETITIONER FOR THE TEST HELD ON246/2012. P4: COPY OF THE CATEGORY-WISE QUALIFYING CRITERIA FOR LECTURESHIP ELIGIBILITY NOTIFIED BY THE R1. P5: COPY OF THE MARK LIST OBTAINED BY THE PETITIONER FROM THE WEBSITE. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE BP A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- W.P.(C) No.30595 of 2012 --------------------------------------------- Dated this the 31st day of January, 2014 JUDGMENT
Ext.P4 is under challenge in this writ petition.
2. The petitioner is a Post Graduate in the Management from the Kerala University. As per the Regulations framed by the respondent Commission, a pass in eligibility test held by the University Grants Commission is a must for being appointed as Lecturer in any of the Universities or affiliated colleges.
2. The petitioner alleges that she participated in the examination held on 24.6.2012 conducted by the respondents and obtained 58.86% of marks. As per Exts.P1 and P2, the petitioner has passed the test held on 24.6.2012, it is alleged.
3. The grievance of the petitioner is that due to the change of qualifying criteria in Ext.P4, the petitioner could not clear the test in spite of obtaining necessary marks as evidenced by Ext.P5. Thus, he has come up WPC No.30595 of 2012 2 before this Court.
4. This Court by interim order dated 19th December 2012 directed the respondents to issue certificates to the petitioner within a time frame on production of the copy of the order provided they had obtained the minimum marks as per the notification. The said order was passed on the strength of the submission made by the learned counsel for the petitioner that the legal issue raised in this writ petition was covered by a common judgment in WPC No.22187/2012 which is a connected case wherein similarly placed persons were granted the same reliefs.
5. Today when the matter came up for hearing, the learned counsel for the respondents submitted that the batch of writ petitions made mention of in the interim order were taken up in Writ Appeal No.44/2013 and connected cases before a Division Bench of this Court and those appeals were allowed reversing the judgment of the learned Single Judge relying on the decision of the Apex Court in University Grants Commission v Neha Anil Bobde (Gadekar) (2013(4) KLT302SC]) which arose out of a batch cases disposed WPC No.30595 of 2012 3 of by the Nagpur Bench of the Bombay High Court. In the aforesaid decision, the Apex Court considered the validity of classes 3.3.1, 4.0.0 and 4.4.1 of the University Grants Commission (minimum qualification required for the appointment and Career Advancement of Teachers in the Universities and Institutions Affiliated to it) Regulations 2000 as well as the provisions of the University Grants Commission Act, 1956 as also the University Grants Commission, Regulations, 2010 and University Grants Commission (Minimum Qualification for appointment of teachers and other academic staff in universities and colleges and other measures for the maintenance of standards in Higher Education Regulations, 2010). The Apex Court came to the conclusion that the University Grants Commission has power to fix the qualifying criteria for those who have obtained minimum marks for all papers before final declaration of results of NET for the year 2012. It was also specifically observed that in academic matters, unless there is a clear violation of statutory provisions, the Regulations or the Notification issued, the Courts shall keep their hands off since those issues WPC No.30595 of 2012 4 fall within the domain of the experts. Viewed in that profile, this writ petition is bound to fail. Therefore, this writ petition is dismissed. sd/- A.V.RAMAKRISHNA PILLAI JUDGE css/ TRUE COPY P.S.to Judge