Sri Shivakrishna S D vs The University Of Agricultural ... on 28 May, 2012

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Karnataka High Court

Sri Shivakrishna S D vs The University Of Agricultural ... on 28 May, 2012

Bench: H N Nagamohan Das

       IN TH.E HIGIHI COUR.T OP K.ARNA.TAiK.A. A.T BANGALORE

                                  H
             DATED TH S THE 28'       DAY 012 .VUY, 201:.

                              HEHER.E

       THE H ON'BLE MR. JUSTICE H.N. NAGA.MOH.AN DAS




BETWEEN:

Sri, SHIV AK RISHNA S D
510. DASEGOWDA M
AGED ABOUT 39 YEARS
LIBRARY ASSISTANT
AGRICULTURAL COLLEGE
H ASSAN 573 225.
         --                                   ,,,   PETITIONER
(By Sri. B H HA.T
                .iEN
                T RI, 3DM)
AND:

1.     THE UNIVERSITY GE
       AGRICULTURAL SCIENCES
       REP BT ITS REGiSTRAR
       G K V K CAMPUS, BANGALORE           560 065.
2.     THE REGISTRAR
       (PRESENTLY ADMINSITRATOR)
       UNIVERSITy GE AGRICVETL RAE
       SCIENCES GAY KCAMPLS
       BANGALORE 560 06.5.
                      -




       UN IVERSITY GRANTS COMMISSION
       BAHrDLR SHAH tAE\R MARG
       NFHAV UELH.i. 11(1 002.
                  --




                          1
                                          2




4.    THE DEAN
      AGRICULTURAL COLLEGE
      AGRICULTURAL COLLEGE
      CAMPUS, HASSAN 573 225.  -                      ...   RESPONDENTS

(By Sri. R SRIDHAR. ADV., FOR R-1, 2 & 4
Sri. 5 DINESH KUMAR, ADV., FOR R-3)
    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WiTH A
PRAYER TO SET ASIDE THE IMPUGNED ENDORSEMENT
DATED 16.04.2010 AND ETC.
     THIS   WRIT  PETITION  COMING     ON   FOR
PRELIMINARY HEARING B GROUP THIS DAY. THE COURT
PASSED THE FOLLOWING;

                               ORDER

In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the endorsement dated 16.04.2010 -- Annexure R issued by respondent No. 2 and to direct the respondents to upgrade the petitioner to the post of Assistant Librarian with effect from 05.06.2009 and for other reliefs.

2. Petitioner contends that presently he is working as Library Assistant. Petitioner is having the necessary qualification for upgradation as Assistant Librarian. The University Grants

--7--

Commission specified that National Eligibility Test (NET) is not compulsory to the candidates who possessed Ph.D. degree and M.Phil. Degree. These UGC guidelines are binding on the respondent University. Ignoring the UGC guidelines the respondent University denied promotion to the petitioner to the post of Assistant Librarian on the ground that he do not possess NET qualification under the impugned order as per Annexure R. Hence. this writ petition.

3. Heard arguments on both the side and perused the entire writ papers.

4. The UGC in their communication dated 07.03.2006 specified that Agricultural Universities do not come within their purview. Therefore the guidelines issued by the UGC exempting the NET qualification to candidates who possessed Ph.D. Degree and M.Phil. Degree is not applicable to the respondent University. On the other hand respondent University is governed by the Indian Council of Agricultural Research (ICAR). The ICAR in their 4 communication dated 20.07.2006 specified that they will not give any exemption of NET qualification to the candidates who possessed Ph.D. Degree and M.Phil. Degree. By following the guidelines issued by the ICAR the respondent University declined the claim of petitioner for promotion to the post of Assistant Librarian on the ground that he do not possess NET qualification. This reasoning of the respondent University in the impugned endorsement is in accordance with law and 1 find no justifiable ground to interfere with the same.

5. Learned counsel for the petitioner contends that thc respondent University extended the benefit of promotion as Assistant Librarian to the similarly placed candidates though they do not possessed NET qualification. Per contra learned counsel for the respondent University contends that the ICAR issued guidelines prescribing NET as requisite qualification to all the candidates came into effect in the year 20()6. The candidates who had 5 years experience prior to 2006 were all exempted from the requirement of .NET qualificadon. This factual >ituat.ion is: disputcd ha thc pct1ton.cr. In thc circumstancc5ç I rio not proposc to go iuto this controvc.r5.y. Howcvcr it is sccn from thc rccord that ctitioner gavc Icormcutatlons as ocr Auncxurc S darcal 2 1 .05.2010. S- I datcd ( i itcJi .jH I I tOII+. uJ 1L 1 03.05.201 1 in thcsc rcprcscutatio us thc pctitioucr urccd that sonic of tim candidatcs who do not posscss .NET qualification wcrc all c.xtcodcd thc hcncfit of promotion and thc samc• is dc.oicd to him who is s irrilarly s ituatcd, .No prcjudicc will hc c a...uscd to thc rcspouucut linivcrsity ii thcs arc. dircctcci c cousidcr thc utit.ioucrs rcyrcsautarous 10 accurdancc sri th anas tX0c511u0tINi\ as uns.sh Ic and in any cvcu.t not latcr than thrcc months from tim datc of rcL ciff of a pa of this ordcr, Accordingly. thc writ pc.Otion is hcrcha disposcd off, f)rdcrcd accordingly.

LR5/202520 12.

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