Kerala High Court
Binil Thomas Zachariah vs The Manager on 31 October, 2019
Bench: A.M.Shaffique, T.V.Anilkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941
WA.No.735 OF 2017
AGAINST THE JUDGMENT IN WPC 24467/2015 DATED 14-02-2017 OF
HIGH COURT OF KERALA
APPELLANT/PETITIONER IN WP(C):
BINIL THOMAS ZACHARIAH,
ASSISTANT PROFESSOR, DEPARTMENT OF CUMPUTER
SCIENCE,BISHOP ABRAHAM MEMORIAL COLLEGE,
THRUTHICAUD, KOTTAYAM DISTRICT, PIN 689 597.
BY ADVS.
SRI.BABU VARGHESE (SR.)
SRI.C.V.ALEXANDER
RESPONDENTS/RESPONDENTS 1 TO 5 IN WP(C):
1 THE MANAGER, BISHOP ABRAHAM MEMORIAL COLLEGE
THRUTHICAUD, KOTTAYAM DISTRICT, PIN 689 597.
2 THE MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR,
PRIYADARSHINI HILLS PO, KOTTAYAM 686 560.
3 THE STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETRY TO
GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
WA No.735/17
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4 THE DIRECTOR OF COLLEGIATE EDUCATION
VIKAS BHAVAN,PMG JUNCTION,
THIRUVANANTHAPURAM 695 033.
5 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
KOTTAYAM 686 001.
6 ADDL. R6. COUNCIL OF SCIENTIFIC AND INDUSTRIAL
RESEARCH (CSIR),
REPRESENTED BY THE DIRECTOR GENERAL AND
SECRETARY, ANUSANDHAN BHAWAN, 2 RAFI MARG,
NEW DELHI-110001.
(ADDITIONAL R6 IS IMPLEADED AS PER ORDER DATED
01/08/2019 IN IA NO.1/2019 IN WA NO.735/2017)
R2 BY ADV. SRI.ASOK M. CHERIAN, SC, M.G.
UNIVERSITY
R3-5 BY SR. GOVERNMENT PLEADER SRI.A.J.VARGHESE
R6 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18-10-
2019, THE COURT ON 31-10-2019 DELIVERED THE FOLLOWING:
WA No.735/17
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JUDGMENT
Dated this the 31st day of October 2019 Shaffique, J.
This appeal is filed by the petitioner in WP(C) No.24467/2015 challenging judgment dated 14/2/2017 by which the writ petition filed by the petitioner came to be dismissed. The appellant had preferred the writ petition challenging Ext.P8(a) order to the extent it rejected proposal for approving the appointment of the petitioner as Assistant Professor in Computer Science in the College managed by the 1 st respondent and for other consequential reliefs to approve his appointment as Assistant Professor in the Department of Computer Science, payment of salary and arrears etc.
2. Though the petitioner was appointed as Assistant Professor in Computer Science in the 1 st respondent college in a substantive vacancy, salary and other perks were not being paid to him for about 2 years. The 2 nd respondent University contended that he is not NET qualified in order to function as WA No.735/17 -:4:- Assistant Professor. The learned Single Judge by the impugned judgment observed that as per Ext.P8 UGC Regulation on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards of Higher Education 2010, the qualification is prescribed under 3.3.0 to 3.3.2, which inter alia requires good academic record with 55% marks or equivalent grade at the master's level. Further it is provided that NET shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professors. However NET shall not be required for such Masters Degree Programmes in disciplines for which NET accredited test is not conducted.
3. University in their counter affidavit has stated that NET or Ph.D are essential qualifications for appointment of Assistant Professor in Private/Aided colleges as per UGC Regulations of 2010. Having found that the petitioner does not have the requisite qualification as per the existing regulations, the claim had been rejected.
4. One of the contentions urged by the learned counsel for the appellant is that National Eligibility Test (NET) was being WA No.735/17 -:5:- conducted for Computer Science. An affidavit has been filed on behalf of the 6th respondent based on a direction issued by this Court wherein it is stated that as under:-
"1. That as per records of this office, CSIR in consultation with UGC representative decided that since UGC neither offers Fellowship nor Lectureship in Engineering Science, all Engineering Candidates who qualify for award of JRF will be given CSIR Fellowship only. Further it is hereby confirmed and verified that no candidate of Engineering Sciences subject was declared qualified for lectureship in the Joint CSIR-UGC JRF NET examinations from December 2012 to June 2015.
2. It is stated as per the records that the main notification for Joint CSIR-UGC NET Exam December, 2012 does not mention that the candidates of Engineering Sciences subject appearing for the Exam will not be eligible for Lectureship.
3. It is also stated as per the records that the main notification for Joint CSIR-UGC NET Exam June, 2013 does not mention that the candidates of Engineering Sciences subject appearing for the Exam will not be eligible for Lectureship. Subsequently a Notice was published on 23 rd February, 2013 wherein it was notified for information of Engineering Sciences candidates who intend to appear/apply in Engineering WA No.735/17 -:6:- Sciences subject, they may opt only for JRF Ship, in the prescribed application form, as they shall not be eligible for Lectureship.
4. It is further stated as per records that CSIR, during the period from December 2013 to June 2015 notified the Joint CSIR-UGC National Eligibility Test (NET) for Junior Research Fellowship and Eligibility for Lectureship in the following subjects:
(a) Chemical Sciences, (b) Earth, Atmospheric Ocean and Planetary Sciences (c) Life Sciences,
(d) Mathematical Sciences and (e) Physical Sciences subjects; and for CSIR JRF ship only for Engineering Sciences candidates.
5. That the CSIR-UGC NET exam during these years was conducted in June and December each year."
5. Learned Single Judge had referred to Ext.P13 which is an answer received under the Right to Information Act from which it is evident that NET examination is conduced for Engineering Science by the CSIR, on behalf of UGC from December 2014 to June 2015. When there is a clear finding by the learned Single Judge that JRF-NET exams had been conducted by CSIR-UGC for the particular subject, based on sufficient material, the contention that no such examinations were conducted cannot be accepted. Therefore, when the petitioner does not have the WA No.735/17 -:7:- essential qualification as prescribed under the statute, challenge to the judgment of the learned Single Judge does not survive.
Writ appeal is dismissed.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
T.V.ANILKUMAR
Rp JUDGE
WA No.735/17
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APPENDIX
APPELLANT'S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED
14/02/2017 IN WPC NO.24467/2015 (G).
True Copy PS to Judge Rp