Karnataka High Court
Gurunath Jadhav S/O Khemu vs The Commissioner Collegiate Education ... on 21 February, 2024
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NC: 2024:KHC-K:1721
WP No. 206064 of 2015
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 206064 OF 2015 (S-RES)
BETWEEN:
GURUNATH JADHAV S/O KHEMU
AGED : 35 YEARS, OCC: NIL
R/O. GOBBUR-B WADI TANDA,
POST: GOBBUR-B
TQ: AFZALPUR
DIST: KALABURAGI-585265
...PETITIONER
(BY SRI. SHIVAKUMAR KALLOOR, ADVOCATE)
AND:
Digitally signed 1. THE COMMISSIONER
by COLLEGIATE EDUCATION DEPARTMENT
KHAJAAMEEN
L MALAGHAN KALABURAGI- 585 102.
Location: High
Court of 2. THE REGIONAL JOINT DIRECTOR
Karnataka
COLLEGIATE EDUCATION
DEPARTMENT KALABURAGI-585102.
3. THE JOINT DIRECTOR
COLLEGIATE EDUCATION
KALABURAGI-585102.
4. THE PRESIDENT
HKE SOCIETY, SAC BUILDING
PDA ENGINEERING COLLEGE, CAMPUS,
KALABURAGI-585102.
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NC: 2024:KHC-K:1721
WP No. 206064 of 2015
5. THE ADMINISTRATOR
HKE SOCIETY, SAC BUILDING,
PDA ENGINEERING COLLEGE, CAMPUS,
KALABURAGI-585101.
...RESPONDENTS
(BY SRI. RAJKUMAR A. KORWAR, HCGP FOR R1 TO R3;
SRI. AMRESH S. ROJA, ADV. FOR R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR RECORDS AND i) ISSUE A WRIT OF CERTIORARI
QUASHING IMPUGNED ORDER ANNEXURE-H DATED
27.06.2015 PASSED BY THE RESPONDENT NO.1 IN
NO.PÁ²E/1918/¨ÁåºÀĨsÀ/UÀÄ«/2014-15/£ÉÃ¥Á«-2 AND ALSO
IMPUGNED ORDER ANNEXURE-J DATED 20.07.2015 PASSED
BY RESPONDENT No.2 IN No.
PÁ²E/¥ÁæPÀUÀÄ/1264/¨ÁåPÀ ÁUï/5/2011-12/1416 AND DIRECT THE
RESPONDENTS TO APPOINT PETITIONER AS ASST. PROFESSOR
FOR BOTANY IN RESPONDENT No. 4 AND 5 RESPONDENT'S
INSTITUTION. ii) ISSUE A WRIT OF MANDAMUS DIRECTING
RESPONDENTS TO APPOINT THE PETITIONER AS ASSISTANT
PROFESSOR OF BOTANY IN THE INSTITUTION OF RESPONDENT
No.4 AND 5 AND PAY ALL BENEFITS, AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-K:1721
WP No. 206064 of 2015
ORDER
The writ petitioner is before this Court seeking the following reliefs:
i) Issue a writ of certiorari quashing impugned order Annexure H dated 27.06.2015 passed by the respondent No.1 in No: PÁ²E/198/¨ÁåºÀĨs/À UÀÄ«/2014-15/£ÉÃ¥Á«-2 and also impugned order Annexure-J dated 20.07.2015 passed by respondent No.2 in No. PÁ²E/¥ÁæPU À ÀÄ/1264/¨ÁåPÀ¯ÁUï/5/2011-12/1416 and direct the respondents to appoint petitioner as Asst. Professor for Botany in Respondent No:4 and 5 Respondent's Institution.
ii) Issue a writ of mandamus directing respondents to appoint the petitioner as Assistant Professor of Bombay in the Institution of Respondent No:4 and 5 and pay all benefits, in ends of justice and equity.
iii) Issue any writ order or direction as this Hon'ble Court deems fit in circumstances of the case, in ends of justice and equity. -4-
NC: 2024:KHC-K:1721 WP No. 206064 of 2015
2. It is the case of the writ petitioner that he has acquired the qualification of Ph.D in Botany on 28.05.2009. Respondents have issued a notification dated 28.08.2013 for the post of Assistant Professor in Botany along with other courses. The minimum eligibility criteria is 55% of marks and the maximum age should not be more than 40 years and he should possess Ph.D, NET/SLET.
3. It is the case of the writ petitioner that he belongs to SC category and physically handicapped person and he passed M.Sc. in First Class in 2003 from Gulbarga University Gulbarga. While he was doing Ph.D as there was no course work certificate could not be issued. Thereafter certificate was issued on 16.10.2014 by the Gulbarga University stating that the petitioner is awarded doctorate in Ph.D in May 2009 in Botany and she is not required to undergo course work to be eligible for lectureship and he is being exempted for course work. Petitioner being an eligible person has applied to the post -5- NC: 2024:KHC-K:1721 WP No. 206064 of 2015 on 07.09.2013 along with all the documents. The Management has selected the petitioner and sent the list to the Joint Director and also Regional Director for approval. After receiving the intimation from the Management, the respondent No.2 and 3 sent the same to the Commissioner by letter dated 16.08.2014 along with the list of selected candidates. To the surprise of the petitioner, the order impugned dated 27.06.2015 came to be passed rejecting the claim of the petitioner on the ground that he has not done the course work and he do not possess NET/SLET as per the judgment of the Hon'ble Apex Court.
4. Learned counsel for the petitioner submits that the order impugned passed by the respondents is without looking at the relevant material placed before them. He submits that when the Gulbarga University itself issued a certificate that the petitioner is exempted from the Course work question of not completing the course work by the petitioner would not arise. It is submitted that as per the -6- NC: 2024:KHC-K:1721 WP No. 206064 of 2015 UGC guidelines issued on 13.06.2010 thereby the persons who have completed Ph.D. before 2009 are exempted from qualifying NET/SLET/SET. It is submitted that the various High Courts have considered the case of applicants in the light of the Regulations by dispensing the requirement of NET.
5. Learned counsel for the petitioner has filed the memo along with the notification issued by the UGC and further submits that the UGC had issued a press information under the caption of 'INITIATIVES OF THE UGC' dated 12.04.2016, wherein clause-(1)(iii) deals with the candidates who have registered for the M.Phil, Ph.D program prior to July'2009 shall be governed by the existing ordinance and they shall be exempted from the requirement of minimum eligibility condition of National Eligibility Test / State Level Eligibility Test / State Eligibility Test for recruitment and appointment of Assistant Professor or equivalent positions in Universities / Colleges -7- NC: 2024:KHC-K:1721 WP No. 206064 of 2015 / Institutions subject to the fulfilment of the following conditions:
(a) Ph.D degree of a candidate awarded in regular mode only;
(b) Evaluation of the Ph.D thesis by atleast two external examiners;
(c) Open Ph.D viva voice of the candidate had been conducted;
(d) Candidate has two research publications from his / her Ph.D work out of which atleast one must be in a referred journal;
(e) Candidate has made atleast two presentations in conferences / seminars, based on his / her Ph.D work;
(a) to (e) to be certified by the Vice-Chancellor / Pro-Vice-Chancellor/Dean (Academic Affairs) / Dean (University Instructions)"
6. Learned counsel submits that the petitioner has completed his Ph.D in 2009 as such, acquiring the qualification of NET/SLET/ SET will not arise in the case of the petitioner. It is submitted that thereafter UGC has issued the public notice on 06.07.2023 stating that as per the Amended General Condition, Clause No.3(x), Ph.D is a -8- NC: 2024:KHC-K:1721 WP No. 206064 of 2015 mandatory requirement from 01.07.2023. The detailed eligibility criteria given under various disciplines are not amended and it is clearly mentioned that NET/SLET/ SET is the minimum requirement for the direct recruitment of the Assistant Professor for those who do not have a Ph.D degree, learned counsel submits that by virtue of this public notice given they have dispensed with the requirement of the tests to the candidates who have done the Ph.D irrespective of whether they have completed Ph.D before or after 2009.
7. Learned High Court Government Pleader, Sri.Rajkumar A. Korwar appearing for the Government submits that the writ petitioner has an effective alternative remedy of approaching the appellate authority as per Section 130 of the Act. As per the judgment of this Court, in case of STATE OF KARNATAKA vs B. R CHOWDAPPA1 an employee of private educational institution cannot invoke the writ jurisdiction of High Court 1 ILR 2000 Kar. 4045 -9- NC: 2024:KHC-K:1721 WP No. 206064 of 2015 by filing writ petition under Article 226 and 227 of the Constitution of India. It is submitted that the writ petition itself is not maintainable. Alternatively is submitted that as per the judgment of the Hon'ble Apex Court in case of P.SUSHEELA AND OTHERS. V/S UNIVERSITY GRANTS COMMISSION AND OTHERS2, the eligibility criteria of NET/SLET/SET was held to be correct and the Hon'ble Apex Court has upheld the said Regulation and also held that there is no vested right on the part of the applicants. The petitions filed by the applicants questioning the regulation issued by the UGC whereby acquiring the qualification of NET/SLET was held to be valid and all the appeals were dismissed. He submits that in the light the said order, they have rejected the case of the writ petitioner. It is submitted that there is no illegality with the impugned order passed by the respondents.
2 SLP (CIVIL) Nos.36023-36032 /2010
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NC: 2024:KHC-K:1721 WP No. 206064 of 2015
8. Mr. Rajkumar A. Korwar, learned HCGP, further submits that the petitioner is relying on the notification issued by UGC dated 12.04.2016 as per the same there is an exemption to the candidate who has acquired Ph.D degree before July'2009, once he fulfils six conditions. He submits that unless and until the said conditions are fulfilled by the petitioner his case cannot be considered. Hence he is not entitled for any relief from this Court.
9. The learned counsel appearing for the 3rd respondent-Society submits as the petitioner was qualified and eligible they have selected the petitioner and they have forwarded the case of the petitioner to the official respondents.
10. Having heard the learned counsels on either side, perused the material on record. The whole dispute revolves around the fact whether the writ petitioner who has obtained the Ph.D on 28.05.2019, should also possess
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NC: 2024:KHC-K:1721 WP No. 206064 of 2015 the qualification of NET/SLET/ SET course. The notification for filing up the posts was issued on 28.08.2013. As per the notification the petitioner, who is a M.A., Ph.D. in Botany has applied for the post of Assistant Professor (Botany). There is no dispute about the fact that the petitioner has acquired M.A., Ph.D., now the case of the petitioner is rejected on the ground that he do not possess NET/SLET and also he has not completed the course work. As far as the course work is concerned, the Gulbarga University has issued a certificate dated 16.10.2014 stating that the petitioner has been awarded the degree of Doctor of Philosophy in May'2009 in Botany, in accordance with the Regulations of the University governing Ph.D vide notification dated 22.09.1997. As such, he is not required to undergo course work to be eligible for lectureship and he is exempted from course work. According to the petitioner even as per the UGC Regulation of 2009, NET/SLET is the minimum eligible condition. However, the candidates who have been awarded Ph.D degree in compliance with the University Grants Commission shall be
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NC: 2024:KHC-K:1721 WP No. 206064 of 2015 exempted from the requirement of minimum eligible condition of NET/SLET. By Resolution dated 10.08.2010 and 27.09.2010 the UGC opined that since the regulations are prospective in nature all candidates having M.Phil degree on or before 10.07.2009 and all persons who obtained Ph.D degree on or before 31.12.2009 and had registered themselves for Ph.D before the date but are awarded such degree on a subsequent date shall remain exempted from the requirement of NET/SLET/ for the purpose of appointment of Lecturer / Assistant Professor.
11. The Hon'ble Apex Court in the case of P.SUSHEELA AND OTHERS VS. UGC AND OTHERS, dated 03.16.2014, referred to supra had dismissed series of writ petition filed by the applicant questioning the regulations where NET/SLET which were made compulsory and sought the prayer that it is prospective but not retrospective. The respondent referring to the said judgment have rejected the case on the ground that NET/SLET petitioner is not having and that course work is
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NC: 2024:KHC-K:1721 WP No. 206064 of 2015 not completed. The writ petitioner by way of a memo has placed before this Court the initiatives of the UGC dated 12.04.2016 and also the public notice dated 06.07.2023. He has also relied on the judgment of Hon'ble Apex Court in the case of STATE OF MADHYA PRADESH AND OTHERS VS. MANOJ SHARMA AND OTHERS dated 25.01.2018 where the judgment of Susheela's case was discussed and it is observed that that NET qualification is a now a minimum qualification for appointment of a lecture and exemption granted to Mphil degree holders have been withdrawn and exemption is allowed only to those Ph.D degree holders who have obtained the Ph.D degree in accordance with Level - 7, 2009 Regulation namely, Regulation 2009 of UGC (Minimum Standard and Procedure). Basing on this the learned counsel submits that the petitioner had obtained degree in accordance with the 2007 regulations as such that exemption he is entitled for. This court looking into the judgment of Hon'ble Apex Court referred to supra and the UGC initiatives dated 20.10.2016 is of the opinion that if the petitioner fulfills
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NC: 2024:KHC-K:1721 WP No. 206064 of 2015 the conditions as per the 11.07.2009 regulation will be entitled for exemption from NET/SLET.
12. As per the latest public notification dated 06.07.2023 now for the candidates who have a Ph.D the NET/SLET/ SET is exempted and for the other candidates it is compulsory. In that view of the matter this Court deems it appropriate to set aside the endorsement at Annexure H dated 27.06.2015 passed by the respondent No.1 in No:
PÁ²E/198/¨ÁåºÀĨs/À UÀÄ«/2014-15/£ÉÃ¥Á«-2 and also impugned order Annexure-J dated 20.07.2015 passed by respondent No.2 in No. PÁ²E/¥ÁæPU À ÀÄ/1264/¨ÁåPÀ¯ÁUï/5/2011-12/1416 and the respondents are directed to consider the case of the petitioner provided he fulfills the six requirements as stated below:
(a) Ph.D degree of a candidate awarded in regular mode only;
(b) Evaluation of the Ph.D thesis by atleast two external examiners;
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(c) Open Ph.D viva voice of the candidate had been conducted;
(d) Candidate has two research publications from his / her Ph.D work out of which atleast one must be in a referred journal;
(e) Candidate has made atleast two presentations in conferences / seminars, based on his / her Ph.D work;
(a) to (e) to be certified by the Vice-Chancellor / Pro-Vice-Chancellor/Dean (Academic Affairs) / Dean (University Instructions)"
As far as course work is concerned already university has issued a certificate the respondents shall not insist for the same.
13. This is a writ petition of 2017. Whole exercise shall be completed within a period of four weeks from the date of receipt of a copy of the order. Accordingly the writ petition is disposed of.
Sd/-
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