Karnataka High Court
Smt Shri Lakshmi M vs University Grants Commission (Ugc) on 7 February, 2013
Author: Huluvadi G.Ramesh
Bench: Huluvadi G. Ramesh
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 7TH DAY OF FEBRUARY 2013
BEFORE
THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH
W.P.No.1213/2013 C/W
W.P.Nos.2222/2013, 2599-2600/2013,
51891-51898/2012 AND
41465/2012 (EDN-RES)
In W.P.No.1213/2013
BETWEEN:
SMT. SHRI LAKSHMI. M
D/O MURALIDHAR NAIR
AGED ABOUT 25 YEARS
R/AT 255, CAUVERY EXTENSION
KUMBARA KOPPAL TOLLGATE
METAGALLI P.O.
MYSORE - 570 016
KARNATAKA.
... PETITIONER
(BY SRI SRIPATHI. M.K., ADV. &
SMT. SOWMYA. R., ADV.)
AND:
1. UNIVERSITY GRANTS COMMISSION (UGC)
BY ITS REGISTRAR
BAHADUR SHAH ZAFAR MARG
NEW DELHI - 110 002.
2. UNIVERSITY GRANTS COMMISSION (UGC)
SOUTH WESTERN REGIONAL OFFICE
BY ITS DEPUTY SECRETARY
2
PRASANNA KUMAR BLOCK, PALACE ROAD
BANGALORE - 560 009.
3. THE CO-ORDINATOR
UGC (UNIVERSITY GRANTS COMMISSION)
NATIONAL ELIGIBILITY TEST FOR
JUNIOR FELLOWSHIP AND
ELIGIBILITY FOR INTERNSHIP JUNE 2012
OFFICE OF THE UNIVERSITY GRANTS
COMMISSION
BAHADUR SHAH ZAFAR MARG
NEW DELHI - 110 002.
... RESPONDENTS
(BY SRI P.S.DINESH KUMAR, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR THE PAPERS LEADING TO ANNEXURE-F DATED
24.6.2012 (FIXING NEAR CRITERIA OF AGGREGATE
MARKS) AND QUASH THE SAME AND DIRECT THE
RESPONDENTS TO RAISE THE RESULTS AS PER
ANNEXURE-C & D OF THE NATIONAL ELIGIBILITY TEST
HELD ON 24.6.2012 AND ETC.,
In W.P.No.2222/2013
BETWEEN:
PARIKSHIT S.S.
S/O SIDDARAMAIAH S
AGED 37 YEARS
NO.30, 1ST 'B' MAIN
BEHIND SAI BABA TEMPLE
BEST COUNTY PHASE - 2
VIDYARANYAPURA POST
BENGALURU - 560 097.
... PETITIONER
(BY SRI S.N.BHAT, ADV.)
3
AND:
1. UNIVERSITY GRANTS COMMISSION
REP. BY ITS SECRETARY
UNIVERSITY GRANTS COMMISSION
BAHADUR SHAH ZAFAR MARG
NEW DELHI - 110 002.
2. THE CO-ORDINATOR
UGC NATIONAL ELIGIBILITY TEST FOR
JUNIOR FELLOWSHIP AND
ELIGIBILITY FOR LECTURESHIP JUNE 2012
OFFICE OF THE UNIVERSITY GRANTS
COMMISSION
NEW DELHI - 110 001.
3. NATIONAL ELIGIBILITY
TESTING (NET) BUREAU
UNIVERSITY GRANTS COMMISSION
NEW DELHI - 110 001.
... RESPONDENTS
(BY SRI P.S.DINESH KUMAR, CGSC.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE CHANGE OF CREITERIA BY THE
RESPONDENTS AFTER HOLDING THE EXAMS ON
24.6.2012 VIDE ANNEXURE-D AND DIRECT THE
RESPONDENTS TO REVISE THE RESULTS OF THE
NATIONAL ELIGIBILITY TEST HELD ON 24.6.2012 IN
ACCORDANCE WITH CLAUSE 7 VIDE ANNEXURE-A AND
ETC.,
In W.P.Nos.2599-2600/2013
BETWEEN:
1. SREEKANTHA
S/O SREEDHARA RAO N.G.
STUDENT
4
AGED 25 YEARS
R/O NO.82, SREE SHANTHI NIKETANA
IUDP LAYOUT
CHITRADURGA - 577 501.
2. SRISHYLA. L
S/O SRI LINGARADHYA P
AGED 31 YEARS
STUDENT
C/O P.L.ARADHYA
DEPARTMENT OF SERICULTURE
NEAR N H 4
CHITRADURGA - 577 501.
... PETITIONERS
(COMMON)
(BY SRI SREEDHAR RAO. K.G., ADV.)
AND:
1. THE UNIVERSITY GRANTS COMMISSION
UNIVERSITY GRANTS COMMISSION
NEW DELHI - 110 001.
BY DIRECTOR
2. THE CO-ORDINATOR
UGC NATIONAL ELIGIBILITY TEST FOR
JUNIOR FELLOWSHIP AND
ELIGIBILITY FOR LECTURESHIP JUNE 2012
OFFICE OF THE UNIVERSITY GRANTS
COMMISSION
NEW DELHI - 110 001.
3. NATIONAL EDUCATIONAL
TESTING (NET) BUREAU
UNIVERSITY GRANTS COMMISSION
NEW DELHI - 110 001.
BY DIRECTOR
... RESPONDENTS
(COMMON)
5
(BY SRI PRASANNA KUMAR, ADV. FOR R-1 & 2)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE CRETERIAL ISSUED AFTER
CONDUCTING THE TEST EVALUATION OF ANSWER
SCRIPTS & BEFORE THE PUBLICATION OF RESULTS, VIDE
ANNEXURE-F AND ETC.,
In W.P.Nos.51891-51898/2012
BETWEEN:
1. RESHMA S
D/O SYED SAFIULLA
AGED ABOUT 26 YEARS
R/O NO.46/2, TILAKNAGAR
MOLKALMURU
CHITRADURGA DISTRICT.
2. DODDAYELLAPPA
S/O JINDAPPA
AGED ABOUT 28 YEARS
R/O DOOR NO.57
4TH BLOCK, DODDABOMMASANDRA
VIDYARANYAPURAM
BANGALORE - 560 097.
3. YELLAPPA
S/O ERAPPA
AGED ABOUT 33 YEARS
R/O NO.8-11-181/760/1
VIDYANAGAR
BOLAMMANADODDI
RAICHUR.
6
4. FAKIRAPPA
S/O HANUMAPPA BEVINAGIDAD
AGED ABOUT 28 YEARS
R/O KUDUREMOTI
YELBURGA TALUK
KOPPAL DISTRICT.
5. RIYAZ
S/O KHADAR BASHA
AGED ABOUT 25 YEARS
R/O TIPPU SULTAN COLONY
SINDHANUR
RAICHUR DISTRICT.
6. MALLAYYA
S/O MALLAPPA
AGED ABOUT 33 YEARS
R/O BADRLI
SINDHANUR TALUK
RAICHUR DISTRICT.
7. SHESHRAO
S/O MARUTHI
AGED ABOUT 29 YEARS
R/O GALAXY COMPUTER
P.D.A. ENGINEERING COLLEGE
NEAR HANUMAN TEMPLE
GULBARGA.
8. PRASHANTH
S/O MAHABALESHWARA JANADRI
AGED ABOUT 29 YEARS
R/O KIRAN MERCHANT
TALEKAL
YELBURGA TALUK
KOPPAL DISTRICT.
... PETITIONERS
(COMMON)
(BY SRI VIJAYKUMAR S.JATLA &
SRI BASAVARAJA PATEL, ADV.)
7
AND:
1. UNIVERSITY GRANTS COMMISSION (UGC)
BAHADUR SHAH ZAFAR MARG
NEW DELHI - 110 002.
REP. BY ITS CHARIMAN
2. UNIVERSITY GRANTS COMMISSION (UGC)
NATIONAL EDUCATIONAL TESTING (NET)
BUREAU SOUTH CAMPUS
UNIVERSITY OF DELHI - 110 002.
3. THE CO-ORDINATOR
UNIVERSITY GRANTS COMMISSION
NATIONAL ELIGIBILITY TEST FOR
JUNIOR FELLOWSHIP AND
ELIGIBILITY FOR LECTURESHIP JUNE 2012
OFFICE OF THE UNIVERSITY GRANTS
COMMISSION
NEW DELHI - 110 002.
... RESPONDENTS
(COMMON)
(BY SRI P.S.DINESH KUMAR, ADV.)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE PROCEEDINGS DATED 24.6.2012
ISSUED BY R2 VIDE ANNEX-E AND DIRECT THE
RESPONDENTS TO DECLARE THE PETITIONERS AS
QUALIFIED UGC-NET CONDUCTED IN JUNE 2012 FOR
LECTURESHIP HAVING SCORED MORE THAN MINIMUM
PRESCRIBED MARKS BY THE R1 VIDE ANNEX-A AND
ETC.,
In W.P.No.41465/2012
BETWEEN:
GEORGE KUTTY ALEX. N
S/O CHANDY GEORGE
8
AGED ABOUT 33 YEARS
R/AT NEERAKKAL HOUSE
NIRMALAGIRI (PO)
MOONAMPEEDIKA, KANNUR
KERALA - 670 701
KUTHUPARAMBA
KANNUR, KERALA STATE.
... PETITIONER
(BY SRI SRIPATHI N.K., ADV.)
AND:
1. UNIVERSITY GRANTS COMMISSION (UGC)
BY ITS REGISTRAR
BAHADUR SHAH ZAFAR MARG
NEW DELHI - 110 002.
2. UNIVERSITY GRANTS COMMISSION (UGC)
SOUTH WESTERN REGIONAL OFFICE
BY ITS DEPUTY SECRETARY
PRASANNA KUMAR BLOCK
PALACE ROAD
BANGALORE - 560 009
KARNATAKA.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE RESULTS DECLARED BY THE R1 IN RESPECT
OF THE TEST OF ELIGIBILITY FOR LECTURESHIP JUNE
2012 VIDE ANNEX-C AND ALSO ANNX-E PUBLICATION
FIXING THE MINIMUM AGGREGATE 65% BY THE
M.K.SRIPATHI IN SO FAR AS THE PETITIONER IS
CONCERNED.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
9
ORDER
Petitioners in these set of petitions have sought to quash the change of criteria fixed by the respondents after holding the exams on 24.6.2012 and for such other relief.
2. It appears the petitioners are post graduate degree holders in various courses of University of Mysore and some other Universities and have applied for the National Eligibility Test. But, they were shown to have not cleared the test. Hence, they are before this Court.
3. Heard the learned counsel for the petitioners and learned Central Government Standing Counsel for the respondents.
4. The grievance of the petitioners' counsel is, from June, 2012 onwards the University Grants Commission has conducted the National Eligibility Test examination 10 in the objective mode. The test consists of three papers and all papers have objective type of questions. The South Western Regional Office is the Coordinator for conducting NET examination. The petitioners have applied for NET examination for selection to the post of lecturers during the month of June, 2012 and also appeared for the examination at various centers. Petitioners having taken admission for NET examination in the middle of the year, have challenged the very Scheme, since as per the earlier Regulation the candidates had to secure 40%, 40% and 50% respectively in three papers, but, all of a sudden, the same has been changed to 65% aggregate to GM and so on, which is disadvantageous to the petitioners.
5. Learned Central Government Standing counsel submits that, in exercise of power under clause (e) and
(g) of Sub-section (1) of Section 26 read with Section 14 of the University Grants Commission Act the UGC have made "The University Grants Commission" (Minimum 11 qualifications required for appointment and career advancement of teacher in Universities and Institutions affiliated to it Regulations 2000, which provides that, no person shall be appointed to a teaching post in University or in any institution including constituent or affiliated colleges recognised under Sub clause (b) of Section 2 of the University Grants Commission Act, 1956, if he or she does not fulfill the requirements as to the qualifications for the subject as per clause 1.3.3 which provides that the candidate should possess good academic record with at least 55% of marks or an equivalent grace of B in 7 Point Scale with latter grades O, AB, C, D, E and F at masters degree level, in the relevant subject from an Indian University, or an equivalent degree from a foreign University. Besides fulfilling the above said qualifications, candidates should have cleared the National Eligibility Test (NET) conducted by the University Grants Commission (UGC), CSIR or similar test accredited by the UGC. The NET 12 examination shall remain the compulsory requirement for appointment as lecturers even for candidates having Ph.D. degree. However, the candidates who have completed M.Phil degree or have submitted Ph.D Thesis in the concerned subject up to 31.12.1993 are exempted from appearing in the NET examination. The candidates who have cleared the eligibility test are alone eligible for appointment for a teaching post. As such, the UGC is conducting NET examinations since several years.
6. It appears, the petitioners were not found eligible in the test conducted i.e., the requirement of 65% aggregate in all the 3 years. The grievance of the petitioners is, an arbitrary decision is taken to enhance the percentage criteria from average 40%, 40% and 50% respectively to 65% aggregate and similarly for other categories also the percentage has been enhanced and there is no rationale in the decision which has been taken in the middle of the year.
13
7. Learned counsel for the petitioners has relied upon the decision of the Kerala High Court in W.P.Nos.22187 of 2012 disposed of on 17.12.2012 and other connected matters to contend that the action taken by way of administrative direction by the UGC, is an ultra vires regulation and such decision being taken in the middle of the year is disadvantageous for the petitioners and other persons similarly situated.
8. In the above referred decision, the Kerala High Court has quashed the proceedings in fixing the category-wise qualifying criteria for Lecturer and has declared that all the petitioners who have obtained separate minimum prescribed in the notification for papers I, II and III have cleared the NET and also observed that appropriate follow up actions be taken to issue certificates to them within one month from the date of receipt of a certified copy of the judgment. In this regard, the Kerala High Court has also referred to the decision of the Apex Court.
14
9. In view of the above, these petitions are disposed of in terms of the above order of the Kerala High Court disposed of on 17.12.2012 in W.P.Nos.22187/2012 and other connected matters.
Sd/-
JUDGE PB