Karnataka High Court
Dr. Dileep Kumar vs The State Of Karnataka on 4 August, 2025
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WP No. 202940 of 2024
C/W WP No. 203428 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO. 202940 OF 2024 (S-RES)
C/W
WRIT PETITION NO. 203428 OF 2024 (S-RES)
IN W.P.No.202940/2024
BETWEEN:
DR. DILEEP KUMAR,
S/O SHREEMANTH,
OCC: SCIENTIFIC OFFICER,
AGED 42 YEARS,
RFSL KALBURAGI,
Digitally R/AT BHALKHED, ALAND TALUK,
signed by
GEETHA P G KALABURAGI DISTRICT - 585 314.
Location: ...PETITIONER
HIGH
COURT OF
KARNATAKA (BY SRI. H.MOHAN KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
OFFICE AT NO.414, 4TH FLOOR,
GATE NO.3, M.S BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU - 560 001.
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WP No. 202940 of 2024
C/W WP No. 203428 of 2024
HC-KAR
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE UNIVERSITY GRANTS COMMISSION,
BAHADUR SHA JAFFER MARG,
NEW DELHI - 110 002.
REPRESENTED BY ITS CHAIRMAN.
3. THE UNIVERSITY OF AGRICULTURAL SCIENCES,
RAICHUR - 584 104,
REPRESENTED BY ITS REGISTRAR.
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R-1;
SRI.SUDHIRSINGH R VIJAPUR, ADVOCATE FOR R-2;
SRI.JAYAKUMAR S PATIL, SENIOR COUNSEL FOR
SRI.MAHANTESH PATIL, ADVOCATE FOR R-3)
***
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE AN
ORDER OR DIRECTION OR WRIT IN THE NATURE OF
CERTIORARI QUASHING THE RECRUITMENT NOTIFICATION
DATED 18.10.2023 IN NO. R/UASR/ Rectt./Advt.27/2023/1065
ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE - B, IN SO
FAR AS RECRUITMENT OF ASSISTANT PROFESSOR IS
CONCERNED AND ETC.,
IN W.P.No.203428/2024
BETWEEN:
SRI.NARASAPPA,
S/O HUSAINAPPA,
AGED 31 YEARS,
R/AT SINGANODI VILLAGE AND POST,
NEAR CHURCH SINGANODI,
RAICHUR TALUK
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WP No. 202940 of 2024
C/W WP No. 203428 of 2024
HC-KAR
AND DISTRICT - 584 102.
...PETITIONER
(BY SRI. H.MOHAN KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF AGRICULTURE,
OFFICE AT NO.414, 4TH FLOOR,
GATE NO.3, M.S BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU - 560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE UNIVERSITY GRANTS COMMISSION,
BAHADUR SHA JAFFER MARG,
NEW DELHI - 110 002.
REPRESENTED BY ITS CHAIRMAN.
3. THE UNIVERSITY OF AGRICULTURAL SCIENCES,
RAICHUR - 584 104,
REPRESENTED BY ITS REGISTRAR.
4. THE ADMINISTRATIVE OFFICER,
UNIVERSITY OF AGRICULTURAL SCIENCES,
GKVK,
BENGALURU - 560 065.
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R-1;
SRI.SUDHIRSINGH R VIJAPUR, ADVOCATE FOR R-2;
SRI.M.SREENIVASA, ADVOCATE FOR
SRI.CHAITANYAKUMAR C.M., ADVOCATE FOR R-3 AND R-4)
***
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE AN
ORDER OR DIRECTION OR WRIT IN THE NATURE OF
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NC: 2025:KHC-K:4421
WP No. 202940 of 2024
C/W WP No. 203428 of 2024
HC-KAR
CERTIORARI QUASHING THE RECRUITMENT NOTIFICATION
DATED 24.03.2023 IN NO.AO/RT/11/61/Kalyana-Karnataka/
Teach.Posts/2022-023 ISSUED BY THE 3RD RESPONDENT VIDE
ANNEXURE - B, ETC.,
THESE WRIT PETITIONS, PERTAINING TO KALABURAGI
BENCH, COMING ON FOR FINAL HEARING, THIS DAY, BEFORE
THE PRINCPAL BENCH AT BENGALURU, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.I.ARUN) The issue pertains to the eligibility criteria adopted by the third respondent - University of Agricultural Sciences, Raichur (for short "University") for the post of Assistant Professor (Direct Recruitment).
2. The petitioners in these two petitions are aspirants for the post of Assistant Professor in third respondent-University. They have challenged the eligibility criteria fixed by the third respondent on the ground that it is in violation of the criteria fixed by the second respondent - University Grants Commission (for short "UGC").
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3. The respondent No.2 - UGC is constituted under the provisions of the University Grants Commission Act, 1956. Entry 25 of List III-Concurrent List of Seventh Schedule of the Constitution of India reads as under:
"25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour."
4. Thus, both the State as well as the Parliament are authorised to legislate with regard to the aforementioned subject matters and in case of any conflict, the law made by the Parliament prevails over the law made by the State Assembly.
5. The third respondent - University imparts Education in the subject of Agricultural Sciences and is constituted under the Universities of Agricultural Sciences Act, 2009, which is enacted by the Karnataka State Legislature.
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6. The second respondent - UGC, apart from other things, is entitled to stipulate the eligibility criteria for a person to be appointed as an Assistant Professor in any University imparting education in Agricultural Sciences. The third respondent - University cannot make a regulation in derogation with the regulation of the second respondent - UGC, as the second respondent - UGC is constituted under a law enacted by the Parliament and the third respondent - University is constituted under a law enacted by the State Legislature. However, the third respondent - University is at liberty to fix higher standard than what is prescribed by the second respondent - UGC. Thus, in the present circumstance, it is essential to answer, whether the eligibility criteria prescribed by the third respondent - University is in derogation with the eligibility criteria prescribed by the second respondent - UGC or can it be considered as an improvement on the eligibility criteria prescribed by the second respondent - UGC.
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7. The second respondent - UGC has issued a Notification dated 18.07.2018, wherein, Ph.D. qualification was made mandatory for Direct Recruitment to the post of Assistant Professor in the Universities. Based on the said requirement, the second respondent - UGC also prescribed the criteria for short-listing of candidates for interview for the post of Assistant Professors in the Universities, wherein the details about how weightage should be given to the qualification of a candidate while being evaluated, was prescribed. The same reads as under:
Table:3 A Criteria for Short-listing of Candidates for Interview for the Post of Assistant Professors in Universities S.N. Academic Record Score 1 Graduation 80% & 60% 55% 45% Above to to to = 15 less less less than than than 80% 60% 55% =13 =10 =05 2 Post-Graduation 80% & 60% 55% (50% in Above to case of = 25 less SC/ST/OBC than (non-creamy 80% layer)/PWD) =23 to less than 60% =20 -8- NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR 3 M.Phil 60% & 55% to less than above 60% =05 =07 4 Ph.D. 30 5 NET with JRF 07 NET 05 SLET/SET 03 6 Research Publications 10 (2 marks for each research publications published in Peer - Reviewed or UGC-
listed Journals) 7 Teaching/Post Doctoral 10 Experience (2 marks for one year each)# 8 Awards International/National 03 Level (Awards given by International Organisations/Government of India/Government of India recognised National Level Bodies) State-Level 02 (Awards given by State Government) # However, if the period of teaching/Post-doctoral experience is less than one year then the marks shall be reduced proportionately.
Note:
(A) (i) M.Phil+Ph.D Maximum - 30 Marks
(ii) JRF/NET/SET Maximum - 07 Marks
(iii) In awards Category Maximum - 03 Marks (B) Number of candidates to be called for interview shall be decided by the concerned universities.
(C) Academic Score - 80 -9- NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR Research Publications - 10 Teaching Experience - 10
---------------------------------
Total - 100
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(D) Score shall be valid for appointment in respective State SLET/SET Universities/Colleges/Institutions only.
8. As can be seen from the above, 30 marks was prescribed for M.Phil. and Ph.D. qualification of the candidates. Obviously, such high percentage of marks is prescribed for Ph.D. qualification, because, Ph.D. qualification was made compulsory for a candidate applying for the post of Assistant Professor.
9. Thereafter, in the year 2023, by a Notification dated 30.06.2023, the criteria fixed for Direct Recruitment of a person to the post of Assistant Professor in the Universities has been amended by the second respondent
- UGC and the requirement of Ph.D. qualification has been done away with and the minimum criteria as fixed in the said Notification is as follows:
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR "3.10 "NET/SET/SLET shall be the minimum criteria for the direct recruitment to the post of Assistant Professor for all Higher Education Institutions"
However, no amendment is made in respect of Table:3A, referred to above, which prescribes the criteria for short-listing of candidates for interview for the post of Assistant Professor in the Universities and the said Table continue to show that 30 marks has to be given towards M.Phil. and Ph.D. qualifications of a candidate.
10. In the meanwhile, by a Notification dated 26/03/2021/18.11.2021, the third respondent - University has prescribed the following Score Card for allotment of marks, while evaluating a person for the post of Assistant Professor. The same reads as under:
SCORE-CARD: ALLOTMENT OF MARKS Sl. Particulars Marks allotted for No. main items I 1. Academic Qualifications 35 2. Medals/Awards/Recognition/Special 03 Attainment 3. Sports & Cultural/NCC/NSS/Scouts & 02 Guides activities
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR 4. Experience in 05 Teaching/Research/Extension 5. Publications 05 6. Written Exam 40 Sub Total I 90 II 7. Interview performance 10 Sub Total II 10 Total Marks (Sub Total I + Sub Total 100 II) EXPLANATORY NOTES FOR AWARD OF MARKS
1. Academic Qualifications Maximum marks allotted =35
a) Bachelor's Degree Maximum marks allotted = 15 15 marks shall be awarded on Prorata basis considering the conversion percentage of marks given in the Equivalent percentage certificate of CGPA (Trimester system)/ OGPA-10 = 100% (Semester system) issued by the competent authority as under.
1) For candidates holding degree under Trimester/Semester system, 60% gets 0.0 Mark and 100% gets 15 marks.
2) In case of candidates holding degree from traditional system/ Universities 50% gets 0.0 Mark and 100% gets 15 Marks.
Note: The candidates shall compulsorily furnish an attested copy of the certificate of equivalent percentage of marks in case of award of marks other than in 10 point scale.
b) Master's Degree in the Maximum marks allotted = 10 concerned subject 10.00 Marks shall be awarded on
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR Prorata basis considering the conversion percentage of marks given in the Equivalent percentage certificate of CGPA (Trimester system)/ OGPA (Semester system) issued by the competent authority as under.
1) For candidates holding degree under Traditional System/ Universities with 55% gets 0.0 Mark and 100% gets 10 Marks, Trimester system with 60% gets 0.0 Mark and 100% gets 10 Marks, Under Semester system with 70% gets 0.0 Mark and 100% gets 10 Marks.
2) For candidates holding degree under Trimester system where equivalent certificate is not given, CGPA of 2 gets 0.0 Mark and 4 get 10 Marks.
Note: The candidates shall compulsorily furnish an attested copy of the certificate of equivalent percentage of marks in case of award of marks other than in 10 point scale.
c) Ph.D.Degree. Maximum marks allotted = 08
1) Candidates obtaining Ph.D. with Course Work of any Agricultural University/by any other University with 4+2+3 system
- 08 Marks. (Trimester /Semester system)
2) Candidates obtaining Ph.D. from Traditional University (3+2+3 system) with course work - Ph.D. from foreign University without course work-
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR 06 Marks.
Note: For basic subjects and social sciences 3+2+3 will be considered on par with 4+2+3.
3) Candidates obtaining Ph.D without course work or by research alone in other than foreign university-04 Marks. Note: Relevant document for having undergone course work to be enclosed.
d) Additional qualifications in Maximum marks allotted = 02 the field.
1) Post-doctoral Fellow = 01 Mark for each of 6 months and above & 0.5 mark for each of below 6 months.
2 Medals/Awards/Recog Maximum marks allotted = 03 nition (during Bachelor's degree & 1) International award = 3 Marks above). each - Award/Medal/Recognition.
2) National award = 2 Marks each
3) State award =01 Mark Each
4) University Gold medal = 01 Mark each
5) Sponsored Gold medal awarded by University=0.5 Mark each
6) Awards from Professional Society = 0.5 Mark for each.
7) Patent awarded by Patent Office of Govt. of India or International Patent awarded by recognized Agency/Institution = 01 Mark per patent.
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR If a candidate secures more than one medal/award for the same degree/achievement, the highest award shall be considered for allotting marks (except American Bibliography and other non professional awards).
3. Sports & cultural/NCC/ Maximum Marks allotted = 02 NSS (during the study period of Bachelor's Sports and Cultural:
degree & above). 1) Represented at International level in Sports/Cultural events Representing Nation) = 01 Mark/event/year.
2) Represented at National level in Sports/cultural events Representing State) = 0.5 Mark/event/year.
3) Represented at the University level in Sports/Cultural Events = 0.25 Mark/event/year.
NCC:
1) Candidates possessing 'C' Certificate participating in the National Republic Day Parade = 01 Mark.
2) 'C' Certificate holders attended National Republic Day Camp/Participating State Republic Day Parade=0.75 Mark.
3) 'C' Certificate holders representing State Republic Day Camp=0.5 Mark.
4) 'C' certificate holder =0.25 mark.
Note: Sports & Games/Cultural events recognized by Association of Indian Universities (Sports Division), New Delhi shall only be considered.
NSS:
1) National award individual =1.5 Mark.
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2) State award individual = 01 Mark.
3) Participated in National Republic Day - 01 Mark.
4) Participated in State Republic Day = 0.5 Mark.
5) Adventure Camp in National Level = 0.5 Mark.
3) National integration camp representing University = 0.25 Mark.
Note: Certificate issued by Government of India / State Government / Competent Authority only be considered.
4. Experience in Teaching/Research/ Maximum marks allotted = 05 Extension:
Experience in the cadre of 1) 0.125 Mark for each month of Instructor/Research service in Teaching/Research/ Assistant /Extension Guide Extension.
/Technical Assistant/ Scientific Assistant/ Farm Note: To be supported by relevant Manager/ Training document issued by the competent Assistant, temporary authority. appointments as Research Associate/ Extension worker/ Full time SRF/ JRF (not leading to degree)
Project Scientist/ Specialist in an University/ College/ Govt./ Departments/ Research Organizations/ Boards/ Corporations/ ICAR Institutes/ Similar Institutes like ICMR, CSIR, NCERT, ICRISAT etc. /Krishi Vignana Kendras/ Statutory bodies/ International Organizations / Nationalized Banks/NGOs recognized by Government of Karnataka and Government of India.
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5 Scientific Publications in Maximum marks allotted = 05 the Concerned field.
1) For full length papers published in refereed Peer reviewed scientific journals at:
a. International level = 1 Mark each.
b. National level = 0.75 Mark each.
2)For Research Note / Abstracts published in Journal / Seminars / Symposia /Conferences = 0.25 Mark each (Maximum = 2 Marks).
3) Full length papers presented & published in Seminars/ Symposia /Conferences at: (Maximum = 2 Marks).
a. International level = 0.75 mark each.
b. National level = 0.5 mark each. c. University level = 0.25 mark each.
4) Books written by individuals published by Universities / National Institutes / Govt. Departments / Standard Commercial Publishers not below 100 pages = 1 Marks each (Maximum = 02 marks).
Note: Translation books carry 50% marks.
5) Research Bulletins / Extension Bulletins/ Chapters in Books published by Universities/ National
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR Institutes / Govt. Departments/ Standard Commercial Publishers / Training Manuals / Laboratory Manuals = 0.25 mark each (Maximum= 01 marks)
6) Extension leaflets / Folders/Brochures Published by Universities / National Institutes / Govt. Departments = 0.25 mark (Maximum = 01 mark).
7) Popular articles published in leading Dailies/ Institutional / Govt. Dept.- Periodicals / Radio talks / TV programmes / Phone-in programmes = 0.25 mark each (Maximum = 01 mark).
Note:
a) All the publications mentioned above should have been published as on the last date prescribed for submission of filled-in application.
b) The first three authors in all the above cases will get full marks while the rest of the authors will get 50 per cent of the marks allotted to each item.
6 Performance in the Maximum marks allotted =10 Interview.
7 Written Exam Maximum marks allotted =40
11. Admittedly, the criteria for awarding marks and the process of evaluation for Direct Recruitment of Assistant Professors fixed by the third respondent -
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR University is at variance with the criteria fixed by the second respondent - UGC. The question to be answered is, as already mentioned above, under the given peculiar facts and circumstances of the case, whether the criteria fixed by the third respondent - University can be considered as an improvement over the criteria fixed by the second respondent -UGC or not ?
12. The case of the petitioners is that the criteria fixed by the University is not an improvement, but a mere derogation of the criteria fixed by the UGC. It is submitted that the UGC Regulation does not contemplate Written Examination to be conducted, but on the contrary, the University has fixed 40 marks towards written examination. Reliance is placed on the decision of the Hon'ble Apex Court in the case of MANDEEP SINGH & ORS. Vs. STATE OF PUNJAB AND ORS. rendered in SPECIAL LEAVE PETITION (CIVIL)NO.23141 OF 2024 C/W. SPECIAL LEAVE PETITION (CIVIL) NO.23324 OF 2024 AND
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR SPECIAL LEAVEPETITION (CIVIL) NO.907 OF 2025. Paragraphs 48 to 52 read as under:
" 48. In short, we find that there is a total arbitrariness in the present selection. The memo of Council of Ministers dated 17.09.2021 shows that State wanted to recruit only on 160 posts of Assistant Professors and on 17 posts of Librarians through departmental selection committee on an urgent basis as these were for the newly opened colleges. As we have already stated, even in those cases, the recruitment was to be made by following the UGC Regulations. Next, the 931 and 50 posts of Assistant Professors and Librarians, which were lying vacant and in regard to which requisition had already been sent to Commission, were added and it was decided that the sole basis of the selection would be a single exam. Moreover, a mere 45-day deadline was set for the commencement and conclusion of the whole recruitment process and ultimately within a span of two months, not only was the recruitment process concluded, but even appointment letters were issued. One cannot fail to notice the burning haste with which this entire exercise was undertaken by the powers that be. It has thus been repeatedly pressed by the appellants that all this was motivated by political exigency in the form of the impending Assembly elections in the State of Punjab.
49. An attempt was made by the State and the private respondents to argue that the selection process which
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR was ultimately adopted was in any case better than the one prescribed by the UGC. The logic given is that a written test would be impartial and will be same to all, whereas there are always chances of abuse, favouritism, nepotism, even corruption in a test based on API. Written test is also less time consuming it was argued. However, we are not at all convinced with this argument. The recruitment for teaching posts in higher education on the basis of scores in an objective type written test, on grounds that such a test is non arbitrary whereas viva voce and appreciation of other aspects such as academic work could be abused and could be unfairly applied, is an argument which is puerile to say the least. Abandoning a time tested and uniformly followed method of selecting Assistant Professors in higher education with Multiple-Choice Questions based written examination is unacceptable; especially when the State itself has adopted the selection process laid down by the expert body which is also the apex statutory body, the UGC constituted under Entry 66 in the Union List of the Seventh Schedule of the Constitution.
50. The State cannot defend such an arbitrary practice in the garb of a policy decision. We have to keep in mind that these were the posts of Assistant Professors for which a specialized body like UGC has prescribed a process for the selections, which includes appreciation of academic work of a candidate, his/her performance in viva-voce, amongst others. Just a simple Multiple-
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR Choice Question based written exam cannot be sufficient to check the suitability of such candidates. Even if it is, then also, in the present case, the sudden replacement of a time tested recruitment process with a new process, was not only arbitrary but was done without following the due procedure, which vitiates the entire process. Even if we ignore the argument of political expediency, we cannot but notice the executive hegemony in reversing a decision of the Council of Ministers, without reference to the said body. It also undermines the quality of selection, since there was no comprehensive exercise to examine the merit of a candidate. The written test did not challenge the innovative faculty of a candidate. One was not required to give an elaborate answer to a question as is done in a subjective type of test. Instead, it was an objective type of test in which the correct answer was to be given from multiple-choice of answers. The elimination of the viva- voce, which is such a vital component in the overall appreciation of merit of a candidate, who has to teach in a higher education institute, was another grave error.
51. All this goes on to show that the intention of the authorities was to conclude the exercise as quickly as possible; which though sought to be justified on grounds of expediency in filling up the posts, undermines the selection by reason of no qualitative assessment of the candidates carried out. The learned Single Judge rightly observed that this approach casts serious doubts on the fairness of the process and the
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR impartiality of the selectors, who were likely to be under pressure to complete the exercise within the timeline, regardless of the quality of the selections. The selection process is further impaired by the inclusion of posts already requisitioned to the Commission, which as per the Regulations were required to be filled up by the Commission and the apparent deviation from the UGC Guidelines which were adopted by the State and required to be followed, in this very selection, by the Council of Ministers.
52. The State and its instrumentalities have a duty and responsibility to act fairly and reasonably in terms of the mandate of Article 14 of the Constitution. Any decision taken by the State must be reasoned, and not arbitrary. This Court has consistently held that when a thing is done in a post- haste manner, mala fides would be presumed, and further that anything done in undue haste can also be termed as arbitrary and cannot be condoned in law. We may refer here to a few judgments of this Court which lay down this proposition."
13. It is further contended that, mere comparison of the criteria fixed by the UGC and the University shows that they are not similar and there is no justification for the third respondent - University to fix a different criteria other than what is fixed by the second respondent - UGC
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR and definitely it is not an improvement on the criteria fixed by the second respondent - UGC and on the said ground, it is prayed that the writ petitions be allowed and the impugned Notifications calling for recruiting the candidates for the post of Assistant Professors be set aside.
14. Per contra, the third respondent - University contends that though their Notification is passed in the year 2021, after the amendment made to the UGC Regulation in the year 2023, wherein requirement of a Ph.D. qualification for the candidates applying for the post of Assistant Professor has been done away with, the criteria fixed by the University has to be considered as an improvement on the criteria fixed by the second respondent - UGC.
15. It is contended that the UGC fixed criteria as per Table:3A, taking into consideration the fact that Ph.D. qualification was mandatory for a person to be recruited as
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR an Assistant Professor and thereby 30 marks is reserved towards M.Phil. and Ph.D. qualifications of a candidate. It is submitted that after the amendment, wherein compulsory Ph.D. qualification has been removed and a mere NET/SET/SLET qualification is held to be sufficient for the post of Assistant Professor (Direct Recruitment), UGC was required to change the weightage given to M.Phil. plus Ph.D. qualifications held by a candidate. Continuing to give 30% of marks to M.Phil. and Ph.D. qualifications together, in the light of the amendment made, would result in an absurdity, wherein, in spite of the amendment, a person not having a Ph.D. qualification would find it very difficult to get recruited as an Assistant Professor. Under the circumstances, it is submitted that the criteria fixed by the University is more balanced and hence has to be considered as an improvement on the criteria fixed by the UGC. It is also contended that the decision of the Hon'ble Apex Court in MANDEEP SINGH'S case (supra) has no applicability to the present facts and circumstance of the
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR case, as it pertains only to the validity of the written examination, which was prescribed by the University in contravention of the regulation of UGC, but it did not pertain to the amendment which was carried out to the UGC regulation subsequently.
16. Thus, under the present circumstances, it is essential to consider, whether the subsequent amendment in the year 2023 to the Regulation of second respondent - UGC wherein compulsory Ph.D. qualification was done away with, results in absurdity if the criteria fixed by the UGC as per Table:3A mentioned is adopted.
17. As can be seen from aforementioned Table:3A, 30% weightage is given to the M.Phil. and Ph.D. qualifications of a candidate. This was stipulated, taking into consideration the fact that Ph.D. qualification was compulsory for a person wanting to be selected as an
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR Assistant Professor under Director Recruitment, in any University.
18. Having amended the pre-requisite of possessing a Ph.D. qualification and prescribing NET/SET/SLET, as the minimum qualification, and not amending the weightage being given to M.Phil. and Ph.D. in Table:3A, thus leads to an absurd situation, as it would be very difficult for a person not having a Ph.D. qualification to be recruited as an Assistant Professor, if the criteria as per Table:3A is adopted. This fact was not an issue before the Apex Court in MANDEEP SINGH'S case (supra). Thus the said decision is not applicable to the facts and circumstances of the present case.
19. Thus, under the given peculiar facts and circumstances of the case, the criteria fixed by the third respondent - University will have to be considered as an improvement on the criteria fixed by second respondent -
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NC: 2025:KHC-K:4421 WP No. 202940 of 2024 C/W WP No. 203428 of 2024 HC-KAR UGC and for that reason, the petitioners are not entitled to the reliefs prayed by them. Hence, the writ petitions are liable to be dismissed. Accordingly, they are dismissed.
Sd/-
(M.I.ARUN) JUDGE BMV*/List No.: 19 Sl No.: 1