Karnataka High Court
Sri B A Anand vs University Of Agricultural on 12 June, 2013
Author: Dilip B.Bhosale
Bench: Dilip B Bhosale
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 12TH DAY OF JUNE 2013
BEFORE
THE HON'BLE MR. JUSTICE DILIP B BHOSALE
W.P.NO.24148/2012(S-RES)
BETWEEN
SRI B A ANAND
S/O ASWATHNARAYANA
AGED ABOUT 26 YEARS
RESIDING AT NO. 1
13TH "B" CROSS
AGRAHARA DASARAHALLI
BANGALORE - 560079 ... PETITIONER
(BY SMT SNEHA M BHAGWAT, ADV., FOR M S BHAGWAT & D
PAVANESH, ADV.,)
AND
1. UNIVERSITY OF AGRICULTURAL SCIENCES
REPRESENTED BY ITS VICE-CHANCELLOR
G.K.V.K.
BANGALORE - 560065
2. UNIVERSITY OF AGRICULTURAL SCIENCES
REPRESENTED BY ITS REGISTRAR
G.K.V.K.
BANGALORE - 560065
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3. UNIVERSITY OF AGRICULTURAL SCIENCES
REPRESENTED BY ITS ADMINISTRATIVE OFFICER
G.K.V.K.
BANGALORE - 560065
* 4. INDIAN COUNCIL OF AGRICULTURAL RESEARCH
REPRESENTED BY ITS SECRETARY
KRISHI BHAVAN, ANUSANDHAN BHAVAN-II,
PUSA, NEW DELHI-12 ... RESPONDENTS
* (AMENDED VIDE COURT ORDER DATED 11.10.12) (BY SRI R SRIDHAR HIREMATH FOR R1-3, BY SRI S V SHASTRI, ADV., FOR R4) THIS W.P. FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENT PERTAINING TO THE ENDORSEMETN DT.10.7.12 ETC., THIS W.P. COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
PC:
Heard learned counsel for the parties.
2. The petitioner, in the present writ petition, seeks the following reliefs:
a) call for records from the respondent pertaining to the endorsement dated 10/07/2012 in the interest of justice and equity.
* Inserted vide chamber order dated 04.07.2013 3
b) issue writ or order quashing the impugned endorsement dated 10/07/2012 bearing No.AO/RT/11/45/2012-13 (Annexure- A) passed by the respondents, to the writ petition in the interest of justice and equity.
c) issue a writ of mandamus directing the respondents to consider the case of the petitioner for the post of Assistant Professor in Electrical Engineering and appoint him to the said post without insisting upon any qualifying examination and extend all consequential benefit to the petitioner in the interest of justice and equity."
3. The impugned endorsement made by the Administrative Officer of the University of Agricultural Science dated 10-7-2013 reads thus :
"In the circumstances stated under the facts of the case, Mr.B.A.Anand is hereby informed that his candidature for the post of Assistant Professor of Electrical Engineering is not considered for the reason that he does not 4 have the prescribed NET Qualification for the said post."
4. From perusal of the endorsement, it is clear that a candidature of the petitioner for the post of Assistant Professor in Electrical Engineering was not considered only on the ground that he does not possess the prescribed NET qualification. Learned counsel for the petition submitted that respondent NO.4-ICAR vide their letter dated 26th December 2011 had clarified that NET conducted by ICAR, CSIR, UGC are mutually recognized and hence NET examination in "related field" cleared by a candidates from any of the three examinations mentioned above should be considered for appointment as Assistant Professor in the related faculty. He submitted that though such clarification was made by ICAR they failed to specify the NET examination in "related field".
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5. I have also perused Annexure-P1 placed on record by the petitioner with the rejoinder. This letter dated 16th January 2013 issued by CSIR in reply to an online query made by the petitioner states that if the petitioner had applied before the notification of CSIR-UGC NET Examination 2012, the condition of NET certificate in Engineering Sciences for Lectureship would not apply in his case. Similarly I have also perused the list of NET subjects along with their respective courses placed on record by the petitioner as Annexures to UGC Regulation(annexure F). The subject-Electrical engineering does not find place in the list of 94 subjects. It is thus clear that NET examination was not available in the subject of Electrical engineering at the relevant time.
6. Learned counsel for respondent No.4 on instructions and on the basis of the letter dated 14th August 2012 of the Agricultural Scientists Recruitment Board submits that the Board does not conduct NET in 6 Basic Engineering disciplines including electrical engineering. He therefore submitted that NET qualification is not necessary for an appointment as Assistant Professor in Electrical engineering.
7. It is in this backdrop and having regard to the fact that the petitioner's application was rejected solely on the ground that he did not possess NET qualification, the impugned endorsement deserves to be set-aside. Order accordingly. The respondents shall consider the petitioner's candidature for the post of Assistant Professor of Electrical engineering on merits without insisting for NET qualification. I hope and trust that the respondent- University shall complete the process of selection as expeditiously as possible and preferably within a period of four months from today. This order shall not be construed as direction to the University to appoint the petitioner. His candidature may be considered on merits in accordance with law. Learned counsel for the University is directed to 7 communicate this order to the respondents within a period of two weeks from today.
Writ petition is disposed of accordingly.
Sd/-
JUDGE Ia