Kerala High Court
Vinaya P.C vs National Testing Agency on 26 May, 2022
Author: Shaji P. Chaly
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WA NO. 490 OF 2022
AGAINST THE JUDGMENT IN WP(C) 29500/2021 OF HIGH COURT OF
KERALA DATED 5.4.2022
APPELLANT/PETITIONER:
VINAYA P.C.
AGED 25 YEARS, D/O.HARIDASAN,
RESIDING AT ANDRA HOUSE,
THRICHAMBARAM, P.O.THALIPARAMBA,
KANNUR DISTRICT-670 141.
BY ADVS.
P.M.PAREETH
AISWARYA VENUGOPAL
RESPONDENTS/S:
1 NATIONAL TESTING AGENCY
C-20, 1A/8, SECTOR 62, IITK,
OUTREACH CENTRE, NOIDA-201309,
REPRESENTED BY ITS SENIOR DIRECTOR.
2 SENIOR DIRECTOR,
NATIONAL TESTING AGENCY,
C-20, 1A/8, SECTOR 62, IITK,
OUTREACH CENTRE,NOIDA-201309.
BY ADV. SRI.NIRMAL S. (B/O)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.490/2022
2
JUDGMENT
Dated this the 26th day of May, 2022 Shaji P. Chaly, J.
The appeal is preferred by the petitioner in W.P(C). No.29500 of 2021 challenging the judgment of the learned Single Judge, dated 5.4.2022, whereby the direction sought for by the petitioner to the second respondent - Senior Director, National Testing Agency, Noida, to rectify an error in Exhibit P4 certificate of NET qualification issued to the appellant by correcting the date of declaration of results appearing in Exhibit P4 as "15.01.2020"
instead of "23.1.2020" and to reissue the corrected NET qualification certificate to the appellant within a time frame, was declined.
2. The basic material facts for the disposal of the writ appeal are as follows:
Appellant participated in the joint CSIR-UGC NET examination held in December, 2019 conducted by the National Testing Agency, Noida-1st respondent. Appellant was issued with Exhibit P2 score card dated 15.1.2020 containing all the details of the results of the W.A.490/2022 3 Joint CSIR-UGC NET examination, December, 2019. The case projected by the appellant is that the Exhibit P2 score card was issued after following the cut off percentage issued by CSIR as per Annexure R2(b) declaration of eligibility.
3. Be that as it may, appellant applied for the post of Assistant Professor in Mathematics with the Kerala Public Service Commission as per Exhibit P3 notification, wherein last date of receipt of applications was 15.1.2020. According to the appellant, since Exhibit P2 score card dated 15.1.2020 contained all details of examination, appellant applied for the post on the basis of Exhibit P3 notification, on 15.1.2020. However, when the Exhibit P4 certificate was issued by the National Testing Agency, the date of declaration of result was shown as "23.01.2020" instead of "15.01.2020". Therefore, it is contended that it has resulted in rejection of appellant's candidature by PSC as per Exhibit P5 email communication dated 30.11.2021 intimating that appellant qualified in the NET after the last date of Gazette notification ie., 15.1.2020. Thereupon, appellant has sent Exhibit P6 communication dated 14.12.2021 to the 2nd respondent seeking to change the date of eligibility from "23.1.2020" to "15.01.2020 in W.A.490/2022 4 Exhibit P4 certificate of the appellant. According to the appellant, there was no response from the respondents, which persuaded the appellant to file the writ petition to redress her grievances.
4. In fact, a statement was filed for and on behalf of the respondents, in the writ petition, wherein it is stated that the National Testing Agency has been entrusted with the responsibility of conducting CSIR-UGC NET in CBT by the Council of Scientific and Industrial Research (CSIR). CSIR-UGC NET is a test to determine the eligibility 'for Junior Research Fellowship (JRF) and for Lectureship (LS)/Assistant Professorship" in certain subject areas falling under the faculty of Science & Technology in Indian universities and colleges subject to fulfilling the eligibility criteria laid down by UGC.
5. It is also stated that the Online applications for JRF/NET are invited twice a year on an all India basis through Press Notification of CSIR-UGC NET for JRF and LS/AP; that Joint CSIR- UGC NET Examination was conducted all across India during December 2019; that the examination was conducted for 2,66,573 candidates, covering 05 subjects in two shifts in 581 centres in 207 cities; and that the exam was in a Computer Based Test (CBT) W.A.490/2022 5 mode, for the first time.
6. It is further stated that the scores of the Joint CSIR-UGC NET Examination-2019 was declared on 15 January 2020, through Exhibit R2 (a) Press Release dated 15.01.2020 and a copy of the same is produced as Annexure R2(a). Thereafter, the Minimum cut-off percentage for the award of Junior Research Fellowship/Lectureship/Assistant Professor in different disciplines in the Joint CSIR-UGC test for Junior Research Fellowship & Eligibility for Lectureship/Assistant Professor held on 15 th December, 2019 & 27th December, 2019 was declared on 23.01.2020. Therefore, the date of declaration of Joint CSIR-UGC NET Result for Junior Research Fellowship & Eligibility for Lectureship/Assistant Professor (NET) Exam December 2019 was only on 23.01.2020 and not 15.01.2020. According to the respondents, the bullet point no. (h) in Annex R2(a) also confirms the date of declaration of Result as 23.01 2020.
7. Accordingly, the Merit List was published on the Official Website of CSIR UGC NET: https://csirnet.nta.nic.in, wherein the roll numbers of the candidates, who have been declared successful in the specific category was declared. The Petitioner/Candidate W.A.490/2022 6 has been declared as eligible at serial No.101of the Merit List. (Incorrectly typed as 96 in the statement)
8. Therefore, It is submitted that only Scores were declared on 15.01.2020 and the Result as to whether the candidates are eligible for the JRF and/or LP/AP could only be computed/prepared after declaration of cut-off list decedent from Exhibit R2 (b). The averment in Para 4 of the writ petition that the date of declaration of results of joint CSIR-UGC NET examination is 15/01/2020 as evidenced by Exhibits P1 and P2, is denied being incorrect. It is also submitted that the JRF Award Letter rightly mentions the date of declaration of NET Result as 23.01.2020, as evident from Annexure R2(c); and that a bare perusal of Annexure R2(a) to Annexure R2(c) clearly shows that the date of declaration of result is 23/01/2020.
9. The learned Single Judge, after considering the rival submissions, has arrived at a conclusion that Exhibit P2 score card would clearly indicate that it was not a final declaration of result in relation to the eligibility certificate to qualified candidates; that it is clear that on 15.1.2020, only scores were declared and the eligibility for JRF/LP/AP can be assessed only after declaration of W.A.490/2022 7 the cut off list; that press release dated 15.1.2020 issued by respondents also states that instructions relating to issuance/obtaining eligibility certificate to qualified candidates will be notified separately later by CSIR, that it was after fixing the cut off percentage respondents have issued Annexure-R2(a) press release dated 15.1.2020; that Minimum cut off percentage for award of Junior Research Fellowship/Lectureship/Assistant Professor in different disciplines for the Joint CSIR-UGC Test for Junior Research Fellowship and eligibility for Lectureship/Assistant Professor was held on 15.1.2019 and 27.12.2019; however the date of declaration of Joint CSIR-UGC NET for Junior Research Fellowship and eligibility for Lectureship etc., is "23.1.2020". Therefore, it was held that Exhibit P2 being a score card, not amounting to declaration of final results, petitioner is not entitled to correct the date of declaration of results as 15.1.2020 instead of 23.1.2020. It is thus, challenging the legality and correctness of the judgment of writ court, the appeal is preferred.
10. The paramount contention advanced by the appellant is that the learned Single Judge has not properly considered the W.A.490/2022 8 facts and circumstances of the case, which led to the dismissal of the writ petition. It is further submitted that even though Exhibit P2 certificate is styled as a 'score card' all details of the results are included in Exhibit P2 and therefore, for all practical purposes, Exhibit P2 has to be treated as final result. It is also the contention of appellant that Exhibit P2 score card contains the marks obtained namely, 110.500 out of 200, from which the percentage of mark is 55%. That apart, it is submitted that Exhibit P2 also shows the result that the appellant has qualified for JRF (NET) UGC and submits that in order to get qualified, the appellant should be within the cut off percentage mentioned in Annexure R2(b) issued by the CSIR. Therefore, it is submitted that as per Exhibit P2, it is declared that the appellant is qualified for JRF (NET)-UGC as per Exhibit P2 and she was assigned rank No.101. That apart, it is contended that the cut off percentage for eligibility was done prior to the issuance of Exhibit P2 score card and therefore, it is to be seen that the date of results can only be on 15.1.2020.
11. The sum and substance of the contention advanced by the appellant is that the results were published after arriving at W.A.490/2022 9 the cut off marks and therefore the respondents had to treat 15.1.2020 as the date of declaration of results and issuance of certificate.
12. On the other hand, learned counsel for the respondents submitted that Exhibit P2 is only a score card, wherein details with respect to the marks obtained and rank secured by the appellant were announced by the respondents. Learned counsel also submitted that the NTA score indicates the percentage of candidates who have scored equal to or below candidates and in Exhibit P2 itself, it is clearly specified that instructions relating to issuance/obtaining eligibility certificate to qualified candidates will be notified separately, later by CSIR on their website. That apart, it is also submitted that Annexure R2(a) press release was issued by respondents on 15.1.2020, giving the facts and figures of the candidates participating in the examination and subject/gender/category wise number of candidates registered. However, it is clearly pointed out in paragraph 3 of Exhibit R2(a) that in order to make the examination system transparent, the question paper and recorded responses were displayed for verification by examinees and to ensure accuracy of scoret, the W.A.490/2022 10 keys of question papers were displayed in advance to invite challenges, if any. That apart, it is clearly specified that instructions relating to issuance/obtaining eligibility certificate to qualified candidates will be notified separately later by CSIR on their website:www.csirhrdg.res.in.
13. We have evaluated the rival submissions made across the Bar. What we could gather from Exhibit P2 is that it is a score card issued by the respondents in regard to the Joint CSIR-UGC NET December, 2019, wherein the marks of the Mathematical Sciences applied for by the appellant is indicated. In the column against NTA score, it is shown that the marks obtained by the appellant is 99.4807293; against the result column, it is shown that qualified for JRF(NET)-UGC; and against the rank column, it is shown as 101. However in the note (6) of Exhibit P2 Score Card, it is clearly specified that instructions relating to issuance of Eligibility Certificate to qualified candidates will be notified separately later by CSIR on their website. As we have pointed out above, Exhibit P2 is dated 15.1.2020 and Annexure R2(a) press release is also dated 15.1.2020, from where also, it is clear that instructions in relation to issuance of Eligibility Certificate to W.A.490/2022 11 qualified candidates will be notified separately later by CSIR on their website.
14. These being the facts, we are of the clear and considered opinion that learned Single Judge was right in holding that merely because the score card is issued on 15.1.2020, that will not enable the appellant to secure the final result of eligibility with the said date.
15. Apparently, it was only after Annexure R2(a) press release that eligibility criteria was fixed by respondents, evident from Annexure-R2(b), wherein it is clearly specified that the date of declaration of joint CSIR-UGC NET for Junior Research Fellowship and eligibility for Lectureship/Assistant Professor NET examination held on 15.12.2019 and 27.12.2019, is 23.01.2020.
16. So also, along with reply affidavit in the writ petition, appellant has produced Exhibit P8 result showing the Roll numbers and other details of the candidates participated in the NET exam and in part II therein, it is clearly and significantly indicated that the candidates whose roll numbers are listed in part II are qualified in the test for JRF-NET and these candidates are also eligible for Lectureship/Assistant Professor (NET) subject to W.A.490/2022 12 their fulfilling criteria for lectureship as laid down by UGC. Therefore, it can be seen that it is clearly specified in the rank list so prepared by respondents that the eligibility of the rank holders would be subject to their fulfilling criteria for lectureship as laid down by UGC, which can only be legally presumed to be a day subsequent to Exhibit P2 score card, in which the rank of the appellant is shown as 101, which is in pari materia with the rank of the appellant shown in Exhibit P8 rank list.
17. Taking into consideration the aforesaid legal and factual circumstances, we are of the considered opinion that there is a clear cut procedure formulated by the respondents in the matter of issuance of Exhibit P2 score card and Exhibit P4 final test result dated 15.1.2020 and 23.1.2020. Merely because the appellant has shown the over enthusiasm to make an application on the basis of Exhibit P3 notification issued by the Kerala Public Service Commission on the basis of the score card, that will not enable the appellant to get the date contained in Exhibit P4 certificate to be corrected as 15.1.2020, since the date of eligibility for Assistant Professor was declared by respondents only on 23.1.2020. To put it differently there are no illegalities or arbitrariness on the part of W.A.490/2022 13 the respondents in not entertaining the claim of the appellant for correction of the date in Exhibit P4 certificate .
18. Needless to say the appellant has not made out any case of jurisdictional error or other legal infirmities justifying us to interfere in the Judgment of the learned Single Judge in an intra court appeal filed under Section 5 of the Kerala High Court Act.
Writ appeal fails, accordingly, it is dismissed.
Sd/-
S. Manikumar, Chief Justice Sd/-
Shaji P. Chaly, Judge sou.