Kerala High Court
Saneeju M. Salu vs State Of Kerala on 6 August, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 23RD DAY OF MAY 2017/2ND JYAISHTA, 1939
WP(C).No. 28062 of 2013 (G)
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PETITIONER(S):
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SANEEJU M. SALU,
AGED 30 YEARS, S/O.SALU ABRAHAM,
MAPRAYIL HOUSE, TEEKOY P.O., KOTTAYAM - 686 580.
BY ADV. SRI.NOORJI NOUSHAD
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION, GOVT. OF KERALA,
SECRETARIAT, TRIVANDRUM 695 001.
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
DIRECTORATE OF COLLEGIATE EDUCATION,
TRIVANDRUM - 695 001.
3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOTTAYAM, PIN: 686 001.
4. M.G.UNIVERSITY, PRIYADARSHINI HILLS P.O.,
ARPOOKARA, KOTTAYAM REPRESENTED BY ITS REGISTRAR,
PIN: 686 560.
5. THE MANAGER,
ST.MARY'S COLLEGE, MANARCAUD, KOTTAYAM, PIN: 686 031
R1-R3 BY GOVERNMENT PLEADER SRI.SYAMJIRAM
R4 BY ADVS. DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY
SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23-05-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
SKG
WP(C).No. 28062 of 2013 (G)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1: TRUE COPY OF THE APPOINTMENT LETTER DATED 6/8/2012.
EXT.P2 TRUE COPY OF THE U.O.NO.1228/BI/2013/ACAD DATED
02/03/2013.
EXT.P3: TRUE COPY OF THE LETTER NO.G-2164/13/TS DATED
17/05/2013.
EXT.P4: TRUE COPY OF THE ORDER NO.4868/L/ACAD/2011 DATED
3/9/2011.
EXT.P5: TRUE COPY OF ORDER NO.6356/L/ACAD 2011 DATED
24/11/2011.
EXT.P6 TRUE COPY OF THE ORDER NO.ACAD.A.IV/2/2812/95 DATED
21-12-1996
EXT.P7 TRUE COPY OF THE ORDER NO.AC.BII/632/MIS/96 DATED
23-09-1999
EXT.P8 TRUE COPY OF THE NOTIFICATION
NO.ACAD.L/19134/R/TQ/2000
EXT.P9 TRUE COPY OF THE NOTIFICATION NO.AC.L/R/QT/2404/09
EXT.P10 TRUE COPY OF THE LETTER NO.F.9-3/2010 (PS/MISC.)
PT.FILE-III DATED MARCH 2013 ISSUED BY THE UGC
RESPONDENT(S)' ANNEXURES
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R3(a) PHOTOCOPY OF THE REPLY GIVEN TO ONE SHRI.NIJAS.C.M.,
UNDER THE RIGHT TO INFORMATION ACT BY THE PRINCIPAL OF
THE COLLEGE
R4(a) TRUE COPY OF THE UO DATED 23.09.1999
R3(a) TRUE COPY OF THE LETTER DTD.17.5.2013.
R3(b) TRUE COPY OF THE REMINDER LETTER DTD.29.11.2013.
R3(c) PHOTOCOPY OF THE REPLY.
R3(d) TRUE COPY OF THE FORWARDING LETTER DTD.28.12.2012.
SKG
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WP(C).No. 28062 of 2013 (G)
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R3(e) TRUE COPY OF THE FORWARDING LETTER DTD.3.12.2012.
R3(f) TRUE COPY OF THE LETTER DTD.16.12.2014.
R3(g) TRUE COPY OF THE REPORT DTD.5.6.2015.
R3(h) TRUE COPY OF G.O.(RT)NO.1725/94/H.EDN. DTD.16.11.1994.
R3(i) TRUE COPY OF THE D.O.NO.F.1-11/95(P) DTD.VC 11/12/1998
/TRUE COPY/
P.S. TO JUDGE
SKG
ANU SIVARAMAN, J.
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W.P.(C) No.28062 of 2013
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Dated this the 23rd day of May, 2017
JUDGMENT
The prayers in this writ petition are as follows:
"i) Call for the records leading to Ext.P3.
ii) Issue a writ of Certiorari and quash Ext.P3 to the extent affecting the petitioner.
iii) Declare that the petitioner is entitled to the benefit of Exts.P4 and P5 orders relaxing NET qualification for B.Tech holders to the post of Assistant Professor in Electronics.
iv) Direct the respondents 1 to 3 to accept the bills in the name of the petitioner and issue the pending salary to the petitioner within a limited time frame, to be fixed by this Hon'ble Court."
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner that the petitioner was an M.Tech. Electronics degree holder. He was appointed as Assistant Professor in Electronics in the Department of Physics in the 5th respondent's college, on 06.08.2012. It is stated that the appointment was approved by W.P.(C) No.28062 of 2013 2 the University. However, the salary of the petitioner was not paid. It is stated that Ext.P3 proceedings were issued by the Deputy Director of Collegiate Education to the principal of the college in which the petitioner was working, stating that the petitioner's salary bill should be forwarded along with his NET certificate. The petitioner relies on Ext.P4 order dated 03.09.2011 to contend that NET shall not be required for such Masters Degree programmes in disciplines for which the said accredited test is not conducted.
4. A counter affidavit has been filed on behalf of the 3rd respondent contending that the petitioner was appointed on 06.08.2012 and that he is not having the NET qualification which is required for appointment as Assistant Professor. It is stated that candidates with NET qualification in Electronics were available in the list of applicants and for interview. But the petitioner was appointed and the said appointment was also wrongly approved by the University. It is further stated that the UGC was conducting NET in the subject Electronics from 2006 onwards, and that the petitioner therefore cannot claim the benefit of Ext.P4 order. It is further stated that the college in which the petitioner was appointed being an Arts and Science W.P.(C) No.28062 of 2013 3 College, the UGC norms have to be followed in the matter of appointment of teachers.
5. I have considered the contentions advanced. It is an admitted fact that the petitioner did not possess the NET qualification at the time of his appointment as Assistant Professor, in August, 2012. It is also not in dispute that the qualification prescribed according to the UGC norms included NET in the concerned subject. The petitioner has produced no materials whatsoever to show that NET has not been conducted in the subject Electronics. On the other hand, the averment in the counter affidavit filed by the 3rd respondent that the eligibility test is being conducted in the subject stands uncontroverted.
5. In the above view of the matter, I am of the opinion that the refusal to honour the salary bill of the petitioner cannot be said to be improper in the facts and circumstances in the case.
This writ petition fails. Accordingly it is dismissed.
Sd/-
ANU SIVARAMAN,
JUDGE
sd
// True Copy // P.A.to Judge