Kerala High Court
Alia Teresa T.M vs Apj Abdul Kalam Technological ... on 27 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:5577
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
WP(C) NO. 43495 OF 2024
PETITIONER:
ALIA TERESA T.M
AGED 39 YEARS, W/O.ANOOB SEBASTIAN
H.NO.11/138 A, THUNDIPARAMBIL HOUSE,
SOUTH THAMARAPARAMBU, FORT KOCHI,
PIN - 682001
BY ADVS.
SRI.M.R.ANISON
SMT.P.A.RINUSA
SMT.ANNIE JACOB
SMT.DONA MARGRET P.R.
SMT.ANAGHA RENJITH V.R.
RESPONDENTS:
1 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
REPRESENTD BY ITS REGISTRAR
CET COMPLEX, MBA BLOCK,
THIRUVANANTHAPURAM, PIN - 695016
2025:KER:5577
W.P.(C) No.43495/2024
:2:
2 THE UNIVERSITY GRANTS COMMISSION,
REPRESENTED BY ITS SECRETARY
(MINISTRY OF EDUCATION)
BAHADUR SHAH ZAFAR MARG,
GOVERNMENT OF INDIA, NEW DELHI,
PIN - 110002
BY ADVS
SRI.K.R.GANESH,STANDING COUNSEL,R1
SRI.S. KRISHNAMOORTHY S,STANDING COUNSEL,R2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 22.01.2025 AND THE COURT ON 27.01.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.43495/2024
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N. NAGARESH, J.
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W.P.(C) No.43495 of 2024
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Dated this the 27th day of January, 2025
JUDGMENT
~~~~~~~~~ The petitioner completed M.Tech in Computer Science and Engineering and passed UGC National Eligibility Test for Assistant Professor in the year 2015. The petitioner seeks to direct the 1 st respondent to permit the petitioner to participate in the interview for admission to Ph.D Course for the academic year 2024-2025, based on the petitioner's score in UGC NET examination.
2. The 1st respondent-University published Ext.P2 Notification dated 27.05.2024 inviting applications from eligible candidates for admission to Ph.D Course under the Colleges affiliated to the University. As per Ext.P2 2025:KER:5577 W.P.(C) No.43495/2024 :4: Notification, the UGC NET qualified students are exempted from appearing for Ph.D entrance test of the University and they will be selected based on interview and NET score alone. The petitioner is fully qualified for admission to Ph.D Course and hence submitted Ext.P3 application.
3. Subsequently, the petitioner received Ext.P4 e-mail communication dated 20.07.2024 informing that Entrance Examination for Ph.D is scheduled to 04.08.2024. In Ext.P4, the 1st respondent further informed that those who have qualified NET examination are exempted from appearing in the Entrance Examination. In Ext.P5 e-mail communication dated 30.07.2024 also, it was stated that the candidates having valid NET score are exempted from appearing in the Ph.D Entrance Examination.
4. The 1st respondent conducted Entrance Examination on 06.10.2024. Since the petitioner is having valid UGC NET qualification, she did not appear for the Entrance Examination. Subsequently, Ext.P9 list of 2025:KER:5577 W.P.(C) No.43495/2024 :5: provisionally eligible candidates to attend the interview was published. The petitioner's name was not included in Ext.P9. The petitioner therefore submitted Ext.P10 representation dated 25.11.2024, to the 1 st respondent. The petitioner was informed that as per the public notice dated 27.03.2024 of the UGC, the marks obtained by a candidate in the NET will be valid for a period of one year only for admission to Ph.D Course.
5. The petitioner submits that Ext.P11 public notice issued by the 2nd respondent is highly illegal and arbitrary. Ext.P11 can be made applicable only for future admission to Ph.D Course. Non-consideration of the petitioner's application for admission to Ph.D Course alleging that she has failed to participate in the entrance test is against the petitioner's fundamental rights guaranteed under Article 14, 16 and 21.
6. The petitioner contended that the 2 nd respondent has no jurisdiction to issue Ext.P11 public notice to 2025:KER:5577 W.P.(C) No.43495/2024 :6: supplement or supplant a regulation framed under Section 26 of the UGC Act. Ext.P11 is therefore liable to be quashed.
7. The 1st respondent-University resisted the writ petition. The 1st respondent stated that on verification of the application of the petitioner, it was found that the petitioner was not eligible for exemption from appearing for the entrance examination and therefore the NET score card submitted by the petitioner was marked as invalid. This fact can be known by the petitioner directly from the portal on viewing the application status. Therefore, the Hall Ticket was generated digitally by the portal system after automatic verification of her academic credentials.
8. The generated Hall Ticket was available in the portal which the petitioner could download herself. It is the admitted position that the petitioner was aware of the generation of the Hall Ticket since the intimation and guidelines were forwarded to the petitioner through her 2025:KER:5577 W.P.(C) No.43495/2024 :7: personal e-mail. The petitioner being a person with high academic credentials could, in the normal course as a reasonable person, have enquired with the University officials as to whether she should attend the entrance examination in the light of the exemption claimed, which she did not do with the covert motive of obtaining admission illegally.
9. The petitioner did not attend the examination and the petitioner was well aware that in order to secure Ph.D admission, she has to come out successful in the Entrance Examination. Knowing fully well that she will not be successful, she is claiming an exemption from appearing for the entrance test which is illegal. Further, the petitioner admits that marks obtained in the NET by the candidates for Category 2 and 3 above will be valid for a period of one year for admission to Ph.D.
10. I have heard the learned counsel for the petitioner and the respective Standing Counsel appearing for 2025:KER:5577 W.P.(C) No.43495/2024 :8: respondents 1 and 2.
11. The question coming up for consideration is whether a NET qualified candidate need be subjected to the process of Entrance Examination for the purpose of admission to Ph.D Course under the 1 st respondent- University. Ext.P2 is the admission notification for Ph.D Course. Exemption No.3 under Clause 7 of Ext.P2 Notification reads as follows:
3. As per the public notice issued by the UGC dated 27.03.204, those students who have qualified for fellowship/scholarship in UGC-NET will be declared eligible in three categories:
• Category 1 : Eligible for admission to PhD with Junior Research Fellowship (JRF) and appointment as Assistant Professor. • Category 2 : Eligible for admission to PhD without JRF and appointment as Assistant Professor.
• Category 3 : Eligible for admission to PhD programs only, without qualification for JRF or appointment as Assistant Professor.
The UGC NET qualified students in all the above three categories are exempted from appearing for the PhD Entrance test of the University. The selection process will be based on the interview.
2025:KER:5577 W.P.(C) No.43495/2024 :9: It is evident from Ext.P2 that those students who have qualified in UGC-NET will be declared as eligible for admission to Ph.D Course, based on interview.
12. Pursuant to Ext.P2, the petitioner applied for admission to Ph.D. However, Ext.P9 list of candidates provisionally selected for Ph.D admission interviews 2024- 2025 does not contain the name of the petitioner. The reason advanced for not considering the petitioner for Ph.D admission is that the UGC has issued Ext.P11 public notice dated 27.03.2024 wherein it has been stated that the marks obtained in the NET by the candidates will be valid for a period of only one year for admission to Ph.D. The petitioner had passed UGC NET in the year 2015.
13. Ext.P12 is the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D Degree) Regulations, 2022. Clause 5(2) of the Regulations, 2022 reads as follows:
5(2) Admission to the Ph.D programme shall be made using the following methods:
2025:KER:5577 W.P.(C) No.43495/2024 : 10 : i. HEIs may admit students who qualify for fellowship/scholarship in UGC-NET / UGC-CSIR NET/GATE/CEED and similar national level tests based on an interview.
And/or ii. HEIs may admit students through an Entrance Test conducted at the level of the individual HEI. The Entrance Test syllabus shall consist of 50% of researcy methodology, and 50% shall be subject-specific.
iii. Students who have secured 50% marks in the entrance test are eligible to be called for the interview.
iv. A relaxation of 5% marks will be allowed in the entrance examination for the candidates belonging to SC/ST/OBC/differently- abled category, economically Weaker Section (EWS), and other categories of candidates as per the decision of the Commission from time to time.
v. HEIs may decide the number of eligible students to be called for an interview based on the number of Ph.D seats available.
vi. Provided that for the selection of candidates based on the entrance test conducted by the HEI, a weightage of 70% for the entrance test and 30% for the performance in the interview / viva-voce shall be given.
14. Clause 5(2) states that for admission to Ph.D program, higher educational institutions may admit students who qualified for fellowship/scholarship in UGC-NET / UGC- CSIR-NET / GATE / CEED and similar national level tests based on an interview. Therefore, it is evident that Ext.P2 2025:KER:5577 W.P.(C) No.43495/2024 : 11 : admission notification was issued by the 1 st respondent- University on 27.05.2024 based on Ext.P12 UGC (Minimum Standards and Procedure for Award of Ph.D Degree) Regulations, 2022.
15. The 2nd respondent, after publication of Ext.P2 Notification, cannot change the admission criteria by importing new condition that the marks obtained in the NET will be valid for a period of one year only for admission to Ph.D. The said condition in Ext.P11 public notice in effect amends Ext.P12 Regulations, 2022. Ext.P12 statutory Regulations cannot be amended or varied by a simple public notice. Denial of consideration of the petitioner's candidature for admission to Ph.D Course under the 1 st respondent- University is therefore illegal and unjustifiable. Assuming that Ext.P11 public notice is legal and valid, it cannot be permitted to operate retrospectively so as to unsettle Ext.P2 admission notification. This Court, by interim order dated 19.12.2024, had directed the 1st respondent to keep a seat of 2025:KER:5577 W.P.(C) No.43495/2024 : 12 : Ph.D vacant, provisionally and subject to further orders in this writ petition.
In the facts and circumstances of the case, the writ petition is allowed. The 1 St respondent is directed to admit the petitioner to Ph.D Course without insisting for minimum marks in the Entrance Examination, if necessary, after subjecting the petitioner to interview. This shall be done within a period of two weeks.
Sd/-
N. NAGARESH, JUDGE aks/22.01.2025 2025:KER:5577 W.P.(C) No.43495/2024 : 13 : APPENDIX OF WP(C) 43495/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY GRANTS COMMISSION NATIONAL EDUCATIONAL TESTING BUREAU DATED 27.04.2016.
Exhibit P2 TRUE COPY OF THE NOTIFICATION BEARING NO.KTU/SOI (RESEARCH)/1636/2024 DATED 27.05.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED NIL BEFORE THE 1ST RESPONDENT UNIVERSITY.
Exhibit P4 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 20.07.2024 RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT DATED 20.07.2024 Exhibit P5 TRUE COPY OF THE E-MAIL DATED 30.07.2024 AT 2.35 PM RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE E-MAILS DATED 30.07.2024 AT 3.48 PM RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE E-MAIL DATED 13.08.2024 RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE E-MAIL DATED 17.08.2024 RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT 2025:KER:5577 W.P.(C) No.43495/2024 : 14 : Exhibit P9 TRUE COPY OF THE RELEVANT PAGES OF THE LIST OF CANDIDATES PROVISIONALLY SELECTED FOR PH.D ADMISSION INTERVIEWS 2024-2025 PUBLISHED BY THE 1ST RESPONDENT DATED 14.11.2024 Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 25.11.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P11 TRUE COPY OF THE PUBLIC NOTICE BEARING NO.F.4-1[UGC-NET REVIEW COMMITTEE]/2024/(NET)/140648 DATED 27.03.2024 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE NOTE DATED 28.03.2024.
Exhibit P12 TRUE COPY OF THE UNIVERSITY GRANTS COMMISSION (MINIMUM STANDARDS AND PROCEDURES FOR AWARD OF PH.D DEGREE) REGULATIONS, 2022 PUBLISHED ON 07.11.2022 RESPONDENT'S EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE HALL TICKET ISSUED TO THE PETITIONER THROUGH THE PORTAL.
EXHIBIT R1(b) TRUE COPY OF THE LIST OF THE TEN UGC NET QUALIFIED CANDIDATES WITH INVALID NET SCORES WHO PARTICIPATED IN THE INTERVIEW AND THE SEVEN CANDIDATES WHO OBTAINED PH.D.ADMISSION.