University Of Kerala vs S.Harikumar on 25 June, 2025

[Cites 4, Cited by 0]

Kerala High Court

University Of Kerala vs S.Harikumar on 25 June, 2025

Respondents 1 and 2, in W.P.(C) No. 30784 of 2012, filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated April 10, 2015, whereby the learned Single Judge allowed the writ petition by the impugned common judgment passed along with W.P.(C)No.8629 of 2013. The operative portion of that judgment reads as under:

"(i) The additional 4th respondent is directed to issue formal orders permitting respondents 1 and 2 to give UGC scale of pay and other benefits to the petitioners in both the writ petitions, who are M.Phil holders in Library Science, without insisting for NET qualification.

(ii) Formal orders to this effect shall be issued by the additional 4th respondent within a period of one month from the date of receipt of a copy of this judgment.

(iii) On the basis of the formal orders issued by the additional 4th respondent, respondents 1 and 2 shall grant UGC scale of pay to the petitioners in both the writ petitions without much delay thereafter."

2. Respondents 1 and 2 are Assistant Librarians Grade-II in the 1st appellant University. The qualification fixed by the 4 WA No.2466 of 2018 2025:KER:47636 University Grants Commission ('UGC' for short) for the post of Assistant Librarian was post-graduation with 55% of marks with 'NET' qualification. Respondents 1 and 2 contend that the UGC informed the Registrars of the Universities that those who have passed M.Phil and Ph.D. are exempted from passing NET, and therefore, respondents 1 and 2, being M.Phil holders, are exempted from passing NET. Though respondents 1 and 2 submitted representations, it did not gave any fruitful result and hence they filed W.P.(C) No.30784 of 2012 under Article 226 of the Constitution of India seeking a writ of mandamus commanding the appellants to give the UGC scale of pay and other benefits to respondents 1 and 2; declare that the respondents 1 and 2 who are M.Phil. holders in Library Science are entitled to get exemption from NET and are qualified for appointment to the post of Assistant Librarians as per the UGC Regulations; and also a writ of mandamus commanding the appellants to consider Exts.P4 and P5 representations submitted by them and pass appropriate orders thereon.

WA No.2466 of 2018

2025:KER:47636

3. In the writ petition, the appellants filed a counter affidavit dated 03.06.2013 opposing the reliefs sought and producing therewith Exts.R1 (a) to R1 (d) documents. The UGC also filed a counter-affidavit dated 27.02.2013 opposing the reliefs sought in the writ petition. After considering the materials on record and the rival submissions made at the Bar, the learned Single Judge allowed the writ petition by the impugned common judgment.

4. Heard the learned counsel for the appellants, the learned Senior Government Pleader and the learned Central Government Counsel for the UGC. Despite service of notice, none appeared for respondents 1 and 2.

5. The learned counsel for the appellants would argue that, as per UGC Regulations 1998 as well as 2010, a person seeking appointment to the post of Assistant Librarian must fulfil the minimum qualifications mentioned therein. Regulation 3.3.0 of the Regulations 1998 exempts only Ph.D holders from NET qualification. Regulation 4.5.3 of the Regulations 2010 also 6 WA No.2466 of 2018 2025:KER:47636 exempts candidates having Ph.D. alone from acquiring NET/SLET/SET for appointment to the post of Assistant Librarian. Exts.P1 and P3 letters issued by the UGC will not override the Regulations. In such circumstances, the learned Single Judge erred in allowing the writ petition.

6. The minimum qualification prescribed in the UGC notification dated 24.12.1998 for the post of Assistant Librarian in Universities is as thus:

"3.3.0. The minimum requirements of a good academic record, 55% of the marks at the master's level and qualifying in the National Eligibility Test, or an accredited test, shall remain for the appointment of Lecturers. It would be optional for the University to exempt Ph.D. holders from NET or to require NET, in their case, either as a desirable or essential qualification for appointment as Lecturers in the University Departments and Colleges. The minimum requirement of 55% should not be insisted upon for Professors, Readers, Registrars, Deputy Registrars, Librarians, Deputy Librarians, Directors of Physical Education, Deputy Directors of Physical Education for the existing incumbents who are already in the University system. However, these marks should be insisted upon for those entering the system from outside and those at the 7 WA No.2466 of 2018 2025:KER:47636 entry point of Lecturers, Assistant Registrars, Assistant Librarians, Assistant Director of Physical Education".

7. The qualification for the post of Assistant University Librarian/College Librarian/Documentation Officer as per Appendix II to the above notification are (i) qualifying in the national level test conducted for the purpose by the UGC or by any other agency approved by the UGC (ii) Master's degree in library science/information science/documentation or an equivalent professional degree with at least 55% of marks or its equivalent grade of B in the UGC seven point scale plus a consistently good academic record and computerisation of library.

8. Regulation 4.5.3 of the UGC Regulations 2010, which prescribes the qualification for University Assistant Librarian/College Librarian, reads thus:

"4.5.3. UNIVERSITY ASSISTANT LIBRARIAN/COLLEGE LIBRARIAN i. A Master's Degree in Library Science/Information Science/Documentation Science or an equivalent professional degree with at least 55% marks (or an equivalent grade in a point scale wherever grading 8 WA No.2466 of 2018 2025:KER:47636 system is followed) and a consistently good academic record with knowledge of computerization of library. ii. Qualifying in the national level test conducted for the purpose by the UGC or any other agency approved by the UGC.

iii. However, candidates, who are, or have been awarded Ph.D. degree in accordance with the "University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree), Regulations 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of University Assistant Director of Physical Education/ College Director of Physical Education & Sports".

9. The UGC Regulations extracted above would make it clear that no exemption is provided to the Assistant Librarians holding M.Phil. from passing NET for giving UGC scale of pay and other benefits. Admittedly, respondents 1 and 2 have no Ph.D. and they are holding only M.Phil. When the Regulations prescribed a minimum qualification for a post, merely by way of a letter, the UGC cannot dilute the same. The learned Single Judge failed to consider this aspect while allowing the writ petition. In such circumstances, we are of the considered opinion that the 9 WA No.2466 of 2018 2025:KER:47636 impugned judgment is liable to be set aside.

In the result, the writ appeal is allowed by setting aside the judgment dated 10.04.2015 in W.P.(C)No.30784 of 2012 and the writ petition stands dismissed.

Sd/-

ANIL K.NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE sks

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