Kerala High Court
Nisha R vs State Of Kerala on 4 March, 2021
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
WP(C).No.13488 OF 2020(I)
PETITIONER:
NISHA R.,
AGED 40 YEARS,
W/O.SHANIL.S., THODIYIL VEEDU, THRIVENI JUNCTION,
VALATHUNGAL.P.O., THATTAMALA, KOLLAM-691018.
BY ADV. SRI.LIJU.V.STEPHEN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
HIGHER EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695001.
2 DIRECTOR OF COLLEGIATE EDUCATION,
NEAR FIRE STATION, PALACE ROAD, VAYASKKARAKUNNU,
VAYASKKARA, KOTTAYAM-686001.
3 UNIVERSITY OF KERALA,
REPRESENTED BY ITS REGISTRAR, PALAYAM,
THIRUVANANTHAPURAM-695034.
4 THE VICE CHANCELLOR,
UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034.
5 THE UNIVERSITY GRANTS COMMISSION (UGC),
BAHADUR SHAH ZAFAR MARGE,NEW DELHI-110002,
REPRESENTED BY ITS SECRETARY.
6 TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY,
NANTHANCODE, THIRUVANANTHAPURAM-695034.
7 SREE AYYAPPA COLLEGE, ERAMALLIKKARA,
CHENGANNUR-689109, REPRESENTED BY ITS PRINCIPAL.
8 SREELAKSHMI.A.N.,
AGED 30 YEARS, D/O.S.NASIM, VADASSERIL,
PURAMATTOM.P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT-689543.
WP(C).No.13488 OF 2020 -2-
(ASSISTANT PROFESSOR, DEPARTMENT OF COMPUTER
SCIENCE, SREE AYYAPPA COLLEGE, ERAMALLIKARA,
CHENGANNUR).
9 DR. SREERAJ M.
DR.SREERAJ.M, AGED 38 YEARS, S/O.MADHAVANKUTTY.K.,
RESIDING AT SREEMADHAVAM, AMBALAPUZHA P.O.,
AMBALAPUZHA, ALAPPUZHA DISTRICT, PIN-688 561.
IS IMPEADED AS PER ORDER DATED 21-08-20 IN IA
1/2020 INWP(C)
R3-4 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
KERALA
R5 BY SRI.S.KRISHNAMOORTHY, CGC
R6-7 BY SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
R8 BY ADV. SRI.K.JAJU BABU (SR.)
R8 BY ADV. SMT.M.U.VIJAYALAKSHMI
R9 BY ADV. KALEESWARAM RAJ
OTHER PRESENT:
GP SRI B HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-
02-2021, THE COURT ON 04-03-2021 DELIVERED THE FOLLOWING:
WP(C).No.13488 OF 2020 -3-
JUDGMENT
Dated this the 4th day of March 2021 The order Ext.P6 issued by the 6 th respondent appointing the 8th respondent as Assistant Professor in Computer Science in the 7th respondent college, has been challenged on various grounds in the present writ petition, with further prayer for issuance of direction to conduct fresh appointment to the post of Assistant Professor in the 7th respondent College as per the minimum qualification prescribed by the University Grants Commission Regulations, 2010.
2. The facts leading to file the present writ petition are as follows: Travancore Devaswom Board, 6 th respondent, is a Corporate Educational Agency having many educational institutions including the 7 th respondent i.e., Sree Ayyappa College, Eramallikkara, Chengannur. On 03.03.2016, 6th respondent issued WP(C).No.13488 OF 2020 -4- notification inviting applications, Ext.P1, for filling up the post of Assistant Professor for various subjects in the colleges under them. It was specifically stated that the qualification shall be as per the rules and regularisations of UGC/University /Government.
3. Petitioner is a post graduate in M.Sc. Computer Science and passed National Eligibility Test (NET) conducted by the University Grants Commission (UGC) as per the certificate Ext.P3. Having requisite qualifications petitioner submitted an application for the aforementioned post and on receipt of the communication attended interview on 20.03.2019. 6 th respondent published a rank list of candidates dated 29.05.2019, Ext.P5, for appointment of Assistant Professor in Computer Science in the 7th respondent College and to utter dismay, 8th respondent stood as second in the rank list despite the fact that did not have requisite qualification prescribed under the UGC Regularisations, 2010, appointment order Ext.P6 dated 03.06.2019 was WP(C).No.13488 OF 2020 -5- issued in her favour and vide order dated 15.05.2020, Ext.P7, the University of Kerala, 3rd respondent granted it's approval. Aggrieved of such appointment petitioner made representation, which was forwarded to 4 th respondent vide letter dated 10.02.2020, but of no avail.
4. Mr.Liju V. Stephen, learned counsel appearing on behalf of the petitioner submitted that the minimum qualification prescribed for the post of Assistant Professors in Arts and Science Colleges is provided under Regulation 4.4.1 of the UGC Regulations on 'Minimum Qualification of Teachers and other Academic Staff in Universities and Colleges and measures for maintenance of Standard in Higher Education, 2010'. The only exemption is, in the absence of NET, a candidate must have Ph.D. which the 8th respondent do not possess. It is not in dispute that UGC had not been conducting NET examinations for Computer Science. UGC Regulations on 'Minimum Qualification of Teachers and other Academic Staff in Universities and Colleges and WP(C).No.13488 OF 2020 -6- measures for Maintenance of Standard in Higher Education, 2010' had been issued under Section 26(g) of the UGC Act for the purpose of ensuring uniformity and quality in higher education throughout India.
5. All Universities are bound to comply with the regulations ibid in the absence of which selection of 8th respondent is liable to be set aside. Regulation (2) of 2010 Regulations makes it mandatory that no person should be appointed to a teaching post in a University or in any institutions including constituent or affiliated colleges if he/she does not fulfil the requirements, as provided.
6. The Minutes of meeting, Ext.P13, placed on record vide application I.A.No.3 of 2020 along with Ext.P12 information received under Right To Information Act (RTI) fortifies the contention that the selection committee rejected twenty four(24) applications for want of minimum qualifications i.e., pass in the NET or Ph.D. in the subject. Information under the RTI provided by the WP(C).No.13488 OF 2020 -7- University of Kerala for the post of Assistant Professor in Computer Science was as under:
"I) Masters Degree in Computer Science/Master of Technology(M.Tech.) in Computer Science or equivalent grade in a point scale where ever grading system is followed.
II) Must have cleared National Eligibility Test(NET) conducted by the UGC or similar test accredited by the UGC like SLET/SET in Computer Science.
III) Non-withstanding anything contained in clause (i) and (ii) candidate who have been awarded a Ph.D. Degree in Computer Science in accordance with the UGC Regulation, 2009, shall be exempted from requirement of the eligibility condition of NET/SLET/SET."
7. Even the Academic Council of University of Kerala vide decision dated 16.11.2017 prescribed the qualification for appointment of Assistant Professor/ Associate Professor/Professor in the Department of Computer Science fixing the same qualification as prescribed under UGC Regulations, 2010. As per the Kerala Gazette published on 22.08.2000, the Academic WP(C).No.13488 OF 2020 -8- Council in its meeting held on 26.5.1999 also made an amendment relating to qualification of teachers in respect of Computer Science/Electronics as under:
KERALA GAZETTE PUBLISHED BY AUTHORITY Vol.XLV Thiruvananthapuram Tuesday 22nd August 2000 No.34 PART III NOTIFICATION (d) M.Sc, Computer (1) Science/MCA No.Acad.L/19134/R/TQ/2000 1st Computer Science July 2000 with a minimum of The Academic Council of its 55% marks.
meeting held on 26.05.1999 has OR
made the following amendment (e)M.Sc.Mathematic
held on the Regulations relating s or Physics or
to Qualifications of Teachers Statistics with a
Minimum qualifications for minimum of 55%
appointment of Teachers in marks and Ph.D in
Computers Science/Electronics Computer Science.
in Affiliated Colleges. Note-(i) Candidates
Amendment No.118 under category (a),
That in the regulations relating (b) and (c) will be
to Qualifications of Teachers the governed by AICTE
following be added as 'D' under norms and will be
4---Lecturers (A,B and C) in Part- governed by AICTE
III-Teachers of Non-Professional norms and will be
Colleges affiliated to the eligible for
University. promotion only after
D-Computer Science Electronics acquiring Master's
i.e. Lecturer in Computer Degree
Science (ii) Candidates
(a) First Class, B.E./B Tech, in under category (d)
Computer Science/Computer and should have
Engineering passed MET/SET in
OR computer
(b) First Class B.E./B.Tech in Applications/Compu
Electronics/Electrical and ter Science.
Electronics Engineering with one
year's teaching/R&D experience in (iii) At least 50%
computer Application in teachers for the
Universities/Colleges/Government/ Course in Computer
Public Sector Organisations. Science should have
their first degree in
WP(C).No.13488 OF 2020 -9-
OR Engineering.
(c)M.Tech, Computer Science with a 2. Lecturers in
minimum Electronics
OR (a) First class
(d) M.Sc.Physics with specialisation B.E./B.Tech.in
in Electronics/Applied Electronics Electronics/
with 55% marks and either 2 years Electronics
teaching/R%D experience in Communication/
Electronics in Universities Applied Electronics
Colleges/Government /Public Sector and Instrumentation
Organisations or a Ph.D in OR
Electronics. (b)
Note:- (i) Candidates under category M.Tech(Electronics)
(a) and (b) will be governed by passed with 55%
AICTE norms and will be eligible for marks.
promotion only after acquiring OR
Master's Degree. (c) M.Sc.(Electronics)
(ii) Candidates under (c) and (d) with a minimum of
should have passed NET/SET in 55% marks.
their relevant subject of
specialisation.
(iii) At least 50% of teachers for the course in Electronics should have their first degree in Engineering.
The above amendment to the Regulation was laid before the Senate meeting held on 24th and 25th march 2000 as a massage under section 39(1) of Kerala University Act 1974
8. On the contrary learned counsel representing respondent Nos.3 and 4 University submitted that the UGC Regulations is not a stumbling block on the M.Tech degrees awarded under the Faculty of Engineering and Technology following Regulations of AICTE considered in the appointment of teachers to Arts and Science Colleges. NET can be insisted only for those who acquired the Post WP(C).No.13488 OF 2020 -10- Graduate degree in Computer Science (M.Sc./MCA/ M.Tech), for which the admission criteria does not prescribe a B.Tech degree under Faculty of Engineering and Technology as mandatory. These degrees are not under the governance of AICTE but awarded by various Universities including IITs under the Faculty of Applied Sciences. UGC Regulations do not call for NET/SET/SLET examination in a discipline which are not available and AICTE is not conducting any equivalent test for M.Tech degree holders.
9. Learned Senior Counsel appearing on behalf of respondent No.8 submitted that the qualification prescribed for appointment of a teacher in Computer Science/Electronics courses in affiliated Colleges offering B.Sc. Computer Science were ordered by the University of Kerala as per order dated 21.12.1996. Later in 2000, University amended qualifications and incorporated it as a part of the Statutes. The Regulation relating to the qualification of teachers were amended vide Amendment WP(C).No.13488 OF 2020 -11- No.118 in the Regulation and notified in the Gazette, Notification dated 1.7.2000, Ext.R8(a). As per aforementioned amendment caused in the Gazette notification under the head of Computer Sciences/ Electronics, Lecture in Computer Science would be essential.
(a) First class B.E/B.Tech in Computer Science/Computer Engineering OR
(b) First class B.E./B.Tech in Electronics/Electrical and Electronics Engineering with one year teaching/R&D experience in Computer Science/Computer Engineering/Computer Application in Universities/Colleges/Govt./Public Sector Organizations OR
(c) M.Tech Computer Science with a minimum of 55% marks OR
(d) M.Sc.Computer Science/MCA Computer Science with a minimum of 55% marks OR
(e) M.Sc.Mathematics or Physics or Statistics with a WP(C).No.13488 OF 2020 -12- minimum of 55% marks and Ph.D. in Computer Science.
10. A note appended under the amendment indicates that candidates falling under the category (a),(b) and (c) would be governed by AICTE norms and will be eligible for promotion only after acquiring Master Degrees whereas in category (d) & (e) should have passed NET/SET. University of Kerala had for the first time introduced two engineering subjects in Arts and Science Colleges. Subjects like Computer Science and Electronics neither comes under the Faculty of Science nor Faculty of Engineering & Technology, thus, it was included in the Faculty of Applied Sciences and technology as evident from notification dated 03.02.2020, Ext.R8(b). It clearly shows that the Computer Science course is under the faculty of Applied Science and Technology. 8th respondent is holder of the B.Tech degree and M.Tech degree. All India Council for Technical Education 'Pay Scales, Service Conditions and WP(C).No.13488 OF 2020 -13- Qualifications for the Teachers and other Academic Staff in Technical Institutions (DIGREE) came out with Regulations, 2010 for any programme Engineering Technology for the cadre of Assistant Professor, and qualification prescribed is B.E/B.Tech and M.E./M.Tech. in the relevant branch with First Class or equivalent either in B.E./B.Tech or M.E./M.Tech. Clause 4.4.0 deals with the Assistant Professor in Arts, Humanities, Sciences and Social Sciences, Commerce, Education, languages, Law, Journalism and Mass Communication; the qualification prescribed is good academic record by the concerned University with at least 55% marks or an equivalent degree at the Master's Degree level in a relevant subject, besides, must have cleared NET conducted by UGC. But exemption qua NET was granted to the candidates holding Ph.D. Degree. As per clause 4.4.6.1 of the UGC Regulations, 2010 'Minimum Qualifications for Appointment of Teaching Faculty in Universities and Colleges - Engineering and Technology WP(C).No.13488 OF 2020 -14- Discipline for the post of Assistant Professor is First Class Master's Degree in the appropriate branch of Engineering (Engg.) & Technology (Tech).
11. Learned Standing Counsel representing 6th and 7th respondents adopted contentions of Mr.Jijo George as per the counter affidavit dated 09.02.2021 but submitted that qualification for appointment of teacher in Computer Science/Electronic courses in affiliated colleges offering B.Sc. Computer Science is prescribed by the Kerala University. On going through the reply it is in tandem with the reply of 8th respondent. Even the amendment Nos.118 &and120 have also been relied upon.
12. Mr.Krishnamoorthy, learned counsel appearing on behalf of the UGC submitted that as per the provisions of Section 2h of the AICTE Act, 1987, Technical Institutes are only the institutes not the Universities which offers courses or programs of technical education and shall include other such institutions. Central Government may in consultation, by notification in official gazette declare WP(C).No.13488 OF 2020 -15- as a technical university.
13. I have heard counsel for the parties and appraised the paper book.
14. Notification Ext.P1 and Regulation 4.4.1. of 2010 relied upon by the petitioner reads thus:
TRAVANCORE DEVASWOM BOARD Nanthancode, Thiruvananthapuram 695 003 ROC.No.8468/15/Coll Date:03.03.2016 NOTIFICATION Applications are invited for appointment as Assistant Professors in the following subjects and non teaching staff for the post mentioned below for appointment in the colleges under the Travancore Devaswom Board affiliated to the Kerala University Sl.No. Subject No of vacancy 1. Mathematics 5 2. Botany 2 3. Computer Science 1 4. Sanskrit 1 5. Malayalam 2 6. Office Attendent(NTS) 2 Qualifications:As per rules and regulations of UGC/University/ Government Age: As applicable for appointment in Government Colleges.
Application form of Assistant Professors can be had from the office of the Secretary, Travancore Devaswom Board, Nanthancode, Kowdiar P.O., Thiruvananthapuram 695 003 on producation of DD only for Rs.500/- in person (Rs.540/- by post). Application form and details of vacancies of Office Attendent is available in the Devaswom Board website(www.travancoredevaswomboard.org). The application fee is fixed Rs.250/- as DD in favour of Secretary, Travancore Devaswom Board.
Applicants should be fully qualified at the time of submission of application as per university regulations. The application duly filled up should reach the undersigned within in one month from the date of publication of the notification. The number of vacancies shown above may vary subject to the order of Government. Those who have applied earlier for Botany, Computer Science and Mathematics vacancies need not apply again. But should produce proof of additional qualification or experience subsequently required.
Sd/-
Secretary "4.4.1.Arts, Humanities, Sciences, Social Sciences, Commerce, Education, Languages, Law, Journalism and WP(C).No.13488 OF 2020 -16- Mass Communication.
(i) Good academic record as defined by the concerned University with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master's Degree level in an relevant subject from an Indian University, or an equivalent degree from an accredited foreign university.
(ii) Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test(NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET
(iii) Not withstanding anything contained in sub-
clauses (i) and (ii) to this clause 4.4.1 candidates, who are, or have been awarded a 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 Assistant Professor or equivalent positions in Universities/Colleges/Institutions.
(iv)NET/SLET/SET shall also not be required for such Masters programmes in disciplines for which NET/SLET/SET is not conducted."
15. An attempt has been made out to enable this Court to form an opinion that it is not the case that UGC had not been holding National Eligibility Test by relying upon Exts.P7, P8 & P9 and the information received under RTI the contents of which reads thus:
"UNIVERSITY OF KERALA Thiruvananthapuram, Kerala, India-695034 (Established as University of Travancore by the Travancore University Act in 1937 and reconstituted as University of Kerala by the Kerala University Act of 1957 and presently governed by the Kerala University Act of 1974 passed by the Kerala State Legislative Assembly) (Re accredited by NAAC with 'A' Grade) RTI Section No.0109/RTI.1/2019-20 Thiruvananthapuram WP(C).No.13488 OF 2020 -17- 20.08.2020 Sri.Shyju.S Akshara, Parayanathu Junction Prayar North P. O., Oachira-690547 Sir, Sub :RTI Act 2005 - Available information furnishing of - reg.
Ref :1. Your request dated 26.06.2020 under RTI Act 2005 received on 29.06.2020. With reference to the above, I am to inform you the following.
1) The minimum qualification of the recruitment of Assistant Professor in Computer Science is given below.
I. Mater Degree in Computer Science/Master of Technology(M.Tech) in Computer Science or equivalent grade in a point scale where ever grading system is followed.
II. Must have cleared National Eligibility Test (NET) conducted by the UGC or similar test accredited by the UGC or similar test accredited by the UGC like SLET/SET in Computer Science.
III. Not-withstanding anything contained in clause (i) and (ii) candidate who have been awarded a Ph.D degree in Computer Science in accordance with the UGC Regulation 2009, shall be exempted from the requirement of the eligibility condition of NET/SLET/SET.
2) No
3) The copy of the document which you called for is attached herewith.
Thanking you.
Yours faithfully, State Public Information Officer"
16. Selection committee in meeting held on 20.03.2019, consisting of six members, observed that ninety eight (98) applications in Computer Science were received out of which, twenty four (24) were rejected for WP(C).No.13488 OF 2020 -18- want of minimum qualification i.e., pass in NET, Ph.D in the subject. The observation as made out from first page of Ext.P13 reads thus:
"Minutes of the meeting of the Selection Committee held on 20th March 2019 for interview for selection of candidates for appointment as Assistant Professor in COMPUTER SCIENCE in Sree Ayyappa College, Eramallikkara affiliated to the University of Kerala.
Present
1.Sri.A..Padmakumar : Hon'ble President Travancore Devaswom Board (Chairman)
2. Sri.M.Harshan : Additional Secretary, Revenue (Devaswom) Department Government Secretariat Thiruvananthapuram Govt.Nominee
3. Dr.Santhoshkumar : Professor. Department of Computer Science CUSAT.
Kochin - 22 University Nominee
4.Dr.K.G.Gopchandran : Associate Professor and Head.
Department of
Optoelectronics
University of Kerala,
Kariavattom
University Nominee
5. Dr.S.Madhu.S.Nair : Associte Professor,
Department of Computer
Sciences
Cochin Univrsity of Science
and Technology
Cochin - 22
Subject Expert
6. Dr.Kannan.B : Professor, Department of
WP(C).No.13488 OF 2020 -19-
Computer Applications.
Cochin Univrsity of Science
and Technology
Cochin - 22
Subject Expert
7. Dr.K.S.Anilkumar : Principal. Sree Ayyappa
College, Eramallikkara
6. Smt.P.K.Sobha : Head. Department of
Computer Science, Sree
Ayyappa College,
Eramallikkara
The meeting commenced at 10 am. The convener who is the representative of the management read over the University guidelines for selection of teachers for appointment in private affiliated colleges. The members discussed the U.G.C and University guidelines for the award of marks in the interview and decided to proceed strictly in accordance with the UGC and University regulations and guidelines. It was also resolved to consider the teaching experience in the Universities and affiliated colleges only and to ignore the experience in school.
There were 98 applications in computer Science. Out of these, 24 applications were rejected for want of minimum qualifications i.e. a pass in the NET or Ph. D in the subject. Call letters were sent to all the remaining 74 candidates. The 41 candidates who turned up were interviewed."
17. By relying upon all these documents, arguments of Mr.Liju V.Stephen almost made this court to believe respondent No.8's selection was without NET or Ph.D. and in violation of the Regulations. This Court vide order dated 06.07.2020 while admitting the writ petition ordered that during the pendency of the writ petition appointment of 8th respondent if made would be subject to its result. But I WP(C).No.13488 OF 2020 -20- cannot remain oblivious of the amendment caused to the Statute of Kerala University which would lead to a irresistible conclusion that for selection to the post of Assistant professor the category (a) to (c) need not have NET qualification but with B.Tech or M.Tech would be eligible. Same reads thus:
"Amendment No.118 in the Regulation and notified in the gazette, Notification No.Acad.L/19134/R/TQ/2000 dated 01.07.2000, Amendment No.118 and Gazette Notification No.34 dated 22.8.2000 is "the Regulations relating to qualification of Teachers, the following be added as 'D' under 4-Lecturers (A,B,C) in part III-Teachers of Non-Professional Colleges affiliated to the University. D-Computer Science/Electronics, 1Lecturer in Computer Science.
a) First Class B.E./B.Tech in Computer Science/ Computer Engineering.
OR
b) First Class B.E./B.Tech in Electronics/ Electrical and Electronics Engineering with one year teaching/R&D experience in Computer Science/Computer Engineering/ Computer Application in Universities/ Colleges/Govt./Public Sector Organizations. OR
c) M.Tech Computer Science with a minimum of 55% marks.
OR
d) M.Sc.Computer Science/MCA Computer Science with a minimum of 55% marks.
OR
e) M.Sc Mathematics or Physics or Statistics with a minimum of 55% marks and Ph.D in Computer Science.
Note:-
i) Candidates under category (a), (b) and
(c) will be governed by AICTE norms WP(C).No.13488 OF 2020 -21- and will be eligible for promotion only after acquiring Masters Degree.
ii) Candidates under category (d) and (e) should have passed NET/SET in Computer Application/Computer Science.
iii) At least 50% teachers for the course in Computer Science should have their first degree in Engineering."
18. University of Kerala vide notification dated 03.02.2020 reconstituted various boards of studies and as far as Computer Science classes is concerned it was brought under the faculty of Applied Science and Technologies. The same reads thus:
"UNIVERSITY OF KERALA Thiruvananthapuram, Kerala, India-695034 (Established as University of Travancore by the Travancore University Act in 1937 and reconstituted as University of Kerala by the Kerala University Act of 1957 and presently governed by the Kerala University Act of 1974 passed by the Kerala State Legislative Assembly) (Re accredited by NAAC with 'A' Grade) Phone:0471-2305631 Mail:[email protected] Fax:0471-2307158 Website:www.keraauniversity.ac.in Ac.D/3/2/2020 NOTIFICATION The meeting of the Syndicate held on 08.08.2019 (Item no.02.09.D3) resolved to entrust the Vice Chancellor to take necessary steps for the reconstitution of various Boards of Studies whose term has already been expired and in exercise of the powers the Vice Chancellor has nominated the following members to the Board of Studies in
1. Arabic(Pass) 2. Arabic(PG)
3. Archaeology 4. Computational Biology& Bioinformatics
5. Computer Science(Pass) 6. Demography WP(C).No.13488 OF 2020 -22-
7. Environmental Sciences 8. Futures Studies
9. French&Latin 10. German
11. Hebrew and Syriac 12. Islamic Studies
13. Linguistics 14. Microbiology
15. Music(Pass) 16. Public Administration
17. Polymer Chemistry 18. Russian
19. Sanskrit(Pass) 20. Sanskrit(PG)
21. Social Work 22. Tamil (PG)
23. Tamil(Pass) As per Statutes (8) of Chapter 11 of the Kerala University First Statutes 1977, the Vice-Chancellor has nominated one of the members as the Chairman. The Chairman and members will hold office for a period of three years from 04.01.2020 (i.e., up to 03.01.2023), subject to the provisions contained in the Kerala University Act, 1974, and Statutes framed thereunder:
4 Dr.Ayana Gayathri R V 5 Shri.Binoy K R Assistant Professor Assistant Professor Department of Zoology Department of Botany University College, Trivandrum Govt.College, Kariavattom Mob:9495904198 Mob:9847908929 Mail:[email protected] 6 Smt.Jisha Nair B J 7 Smt. Bindu N Associate Professor Associate Professor Department of Computer Science Department of Computer Sree Ayyappa College, Science Eramallikkara SN College, Cherthala Mob: 9447560314 Mob: 04782864197 Mail: [email protected] [email protected] 8 Smt.Sobha P K 9 Dr. Geetha G Associate Professor Scientist G & Head, IT Dpartment of Computer Science Services Sree Chitra Tirunal Sree Ayyappa College, Institutte for Medical Sciences Chengannur and Technology, Trivandrum Mob: 94954740678 Mob: 04712524534 Mail:geetha@sctimst 10 Dr. Saritha Namboodiri Associate Professor Department of Computer Sciences V T Bhattathirippad College, Palakkad Mob:9447889128 Mail:Saritha16.namboodiri@gma il.com WP(C).No.13488 OF 2020 -23- BOARD OF STUDIES IN COMPUTER SCIENCE(PASS) (Under the Faculty of Applied Sciences and Technology) Dr. Gladston Raj S Chairman Assistant Professor Department of Computer SciencesGovt. College, Nedumangad Mob: 9447388887 Mail:[email protected] Dr.Muhammad Noorul Mubarak 3 Smt. Manju G Assistant Professor Assistant Professor Department of Computer Science Department of Computer University of Kerala Sciences Govt. College, Mob:9446100484 Ambalappuzha
19. From the extraction of the Kerala Gazette dated 22.08.2000 relied upon by Mr.Liju V.Stephen and on comparison of the amendment 118, both are verbatim. Thus, its reliance would go against the petitioner and in favour of respondent No.8 for simple reason that as per note appended, thereunder, candidates under category (a) & (b) shall be governed by AICTE norms and eligible for promotion only after acquiring Masters degree. Rejection of 24 candidates having not passed NET or Ph.D was in respect of candidates having degree other than B.Tech and M.Tech. Clauses 4.4.1. extracted above prescribes the qualification in respect of subjects of Arts, Humanities, Science, Social Science and not Computer Science. It is WP(C).No.13488 OF 2020 -24- conceded position on record that Computer Science and Electronics subjects were introduced by Universities in Affiliated Colleges from academic year 1995 onwards and courses like B.Sc. Computer Science started in two aided colleges of the University Sree Ayyappa College and S.N.College. University of Kerala had for the first time introduced two engineering subjects in Arts and Science Colleges (emphasis supplied). Normally the Science subjects were under the Faculty of Science and Engineering subjects; thus for all intents and purposes the subjects like Computer Science and Electronics did not come under the Faculty of Science or under the Faculty of Engineering and Technology but within the ambit of Faculty of Applied Sciences and Technology.
20. During the argument of Mr.Liju V.Stephen relied upon the judgment of this Court dated 16.02.2018 rendered in W.P.(c) No.28062/2013 Saneeju M. Salu Vs. State of Kerala in support of the submission, but on perusal of the same, it is discerned that it pertain to WP(C).No.13488 OF 2020 -25- eligibility of the candidate who had been appointed with effect from 06.08.2012 as UGC had conducted the NET examination in Electronics only in December, 2012. She/he was also holder of M.Tech, but NET was not conducted in December, 2012. The aforementioned judgment would not apply to the facts of this case. Information under the RTI cannot be read in isolation but in conjunction with the amendments 118(supra). There is no dispute to the fact that UGC Regulation prescribing NET/SLET/SET as minimum eligibility conditions for appointment of Lecturers/ Assistant Professors in Higher Education Institutions except as provided in Regulation No.3.3.1 of proviso 2010, as has been held by Supreme Court in P.Suseela and others Vs. University Grants Commission and others (2015 (8) SCC 129).
21. Definition of provisions of Section 2(h) of AICTE Act relied upon by Mr.Krishnamoorthy would also not come to the aid of the petitioner's case in laying challenge to the appointment of respondent No.8 as there is no bar WP(C).No.13488 OF 2020 -26- for the deemed University to introduce computer course which was brought under the Faculty of Applied Sciences and Technology.
22. In view of the reasons assigned hereinabove, I am of the view that there is no force or merit in the submissions of Mr.Liju V.Stephen that the appointment of respondent No.8 was illegal as he did not fulfil the qualifications as per UGC Regulation, 2010.
Writ petition is devoid of the merit and accordingly dismissed.
Sd/-
AMIT RAWAL JUDGE vv WP(C).No.13488 OF 2020 -27- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION DATED 3.3.10`6 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE MSC.COMPUTER SCIENCE DEGREE CERTIFICATE ISSUED TO PETITIONER BY THE MADURAI KAMARAJ UNIVERSITY.
EXHIBIT P3 A TRUE COPY OF THE NATIONAL ELIGIBILITY TEST (NET)CERTIFICATE ISSUED TO PETITIONER BY THE UGC.
EXHIBIT P4 A TRUE COPY OF THE CALL LETTER DATED 7.3.2019 ISSUED TO PETITIONER BY THE 6TH RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE RANK LIST DATED 29.5.2019 PUBLISHED BY THE 6TH RESPONDENT.
EXHIBIT P6 A TRUE TYPED COPY OF THE APPOINTMENT ORDER DATED 3.6.2019 ISSUED BY 6TH RESPONDENT TO THE 8TH RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE ORDER OF APPROVAL DATED 15.5.2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE UGC NOTIFICATION FOR NET JUNE 2012.
EXHIBIT P9 A TRUE COPY OF THE UGC NOTIFICATION FOR NET JUNE 2014.
EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION DATED 27.2.2020 MADE TO THE CHANCELLOR OF THE 3RD RESPONDENT.
EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION DATED NIL MADE TO THE 2ND RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE QUERY DATED 26/06/2020 MADE BY PETITIONER UNDER RTI AND THE WP(C).No.13488 OF 2020 -28- ANSWERS EXHIBIT P13 A TRUE COPY OF THE INFORMATION RECEIVED UNDER RTI DATED 18.8.2020 RESPONDENT'S/S EXHIBITS:
EXHIBIT R6(a) TRUE COPY OF AMENDMENT NO.118, NOTIFIED AS PER NOTIFICATION NO.ACAD.L/19134/R/TQ/2000 DATED 1/7/2000 EXHIBIT R6(b) TRUE COPY OF RELEVANT PORTION OF THE UGC REGULATIONS, 2010 EXHIBIT R8(a) TRUE COPY OF THE UNIVERSITY ORDER NO.125/RTI. 2/2018-19 DATTE 6.2.2019 REGARDING THE QUALIFICATION FOR THE APPOINTMENT OF TEACHER IN THE DEPARTMENT OF COMPUTER SCIENCE AND REGULATIONS OBTAINED UNDER THE RIGHT TO INFORMATION ACT ON 6.2.2019 EXHIBIT R8(b) TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION NO.AC.D/3/2020 REGARDING RECONSITUTION OF VARIOUS BOARD OF STUDIES.
EXHIBIT R8(c) TRUE COPY OF THE DEGREE CERTIFICATE IN BACHELOR OF TECHNOLOGY IN INFORMATION TECHNOLOGY ISSUED BY THE AMRITA VISWA VIDYAPEETHAM ON 27.8.2011 TO THE PETITIONER.
EXHIBIT R8(d) TRUE COPY OF THE DEGREE CERTIFICATE IN MASTER OF TECHNOLOGY IN COMPUTER VISION & IMAGE PROCESSING ISSUED BY THE AMRITA VISWA VIDYAPEETHAM ON 11.10.2013 TO THE PETITIONER.
EXHIBIT R8(e) TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE 3RD RESPONDENT UNIVERSITY ON 05.01.2019 TO THE PETITIONER.
EXHIBIT R8(f) TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION F.NO.37-3/LEGAL/2010 WP(C).No.13488 OF 2020 -29- DATED 22.1.2010 ISSUED BY AICTE.
EXHIBIT R8(g) TRUE COPY OF THE RELEVANT EXTRACT OF THE UGC REGULATIONS 2010 (PAGE NO.2408) EXHIBIT R8(h) TRUE COPY OF THE RELEVANT EXTRACT OF THE UGC REGULATIONS 2010 (PAGE NO.2423) EXHIBIT R8(i) TRUE COPY OF THE RELEVANT EXTRACT OF THE UGC REGULATIONS 2010 (PAGE NO.2452- 2453) EXHIBIT R9(a) TRUE COPY OF THE APPOINTMENT ORDER DATED 03.06.2019 BEARING NO.ROC.NO.84868/15/COLL/COM.SCIENCE ISSUED BY THE 6TH RESPONDENT EXHIBIT R9(b) TRUE COPY OF THE ORDER DATED 15.05.2020 ISSUED BY THE UNIVERSITY OF KERALA