Kerala High Court
Vinaya P.C vs National Testing Agency on 5 April, 2022
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO. 29500 OF 2021
PETITIONER:
VINAYA P.C.
AGED 25 YEARS
D/O.HARIDASAN
RESIDING AT ANDRA HOUSE
THRICHAMBARAM, PO THALIPARAMBA
KANNUR DISTRICT-670 141
BY ADVS.
P.M.PAREETH
AISWARYA VENUGOPAL
MOHAMMED SHAMEEL
RESPONDENTS:
1 NATIONAL TESTING AGENCY
C-20, 1A/8, SECTOR 62, IITK
OUTREACH CENTRE, NOIDA-201309
REPRESENTED BY ITS SENIOR DIRECTOR
2 SENIOR DIRECTOR
NATIONAL TESTING AGENCY, C-20,1A/8, SECTOR 62,
IITK,OUTREACH CENTRE, NOIDA-201309
BY ADV SHRI.NIRMAL S, SC, NATIONAL TESTING
AGENCY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.29500/2021
:2:
N. NAGARESH, J.
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W.P.(C) No.29500 of 2021
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Dated this the 5th day of April, 2022
JUDGMENT
~~~~~~~~~ The petitioner, who appeared for Joint CSIR-UGC NET Examination held in December, 2019, has filed this writ petition seeking to direct the 2 nd respondent to rectify the error in Ext.P4 certificate of NET qualification issued to the petitioner by correcting the date of declaration of results appearing in Ext.P4 as 15.01.2020 instead of 23.01.2020 as requested by the petitioner in Ext.P6 and to reissue corrected NET qualification certificate to the petitioner within a time frame.
2. The 1st respondent-National Testing Agency conducted Joint CSIR-UGC NET Examination in December, W.P.(C) No.29500/2021 :3: 2019. The results were published on 15.01.2020. The petitioner was issued score card on 15.01.2020. Ext.P2 score card shows that the date of declaration of results is 15.01.2020.
3. The Kerala Public Service Commission issued Ext.P3 Notification dated 11.12.2019 for recruitment to the post of Assistant Professor in Mathematics. As the petitioner had acquired the NET qualification by 15.01.2020, she submitted application in response to Ext.P3. The 2 nd respondent-Senior Director of National Testing Agency issued Ext.P4 e-certificate dated 20.07.2020 to the petitioner certifying that the petitioner has qualified in the Joint CSIR-UGC Test for Assistant Professor held on 15.12.2019 in the subject Mathematical Science.
4. The Kerala Public Service Commission by an e-mail message dated 30.11.2021 informed the petitioner that her candidature for the post of Assistant Professor stands rejected for the reason that she acquired NET qualification only after the last date of gazette notification. W.P.(C) No.29500/2021 :4: The petitioner submits that the date of declaration of results of Joint CSIR-UGC NET Examination is 15.01.2020 as is evident from Exts.P1 and P2. However, in Ext.P4 certificate, the date of declaration of results is shown as 23.01.2020, which is a mistake.
5. The petitioner therefore submitted Ext.P6 request to the 2nd respondent seeking to rectify the error in Ext.P4. Ext.P6 request was not positively responded to and hence the petitioner is before this Court.
6. The learned counsel for the petitioner urged that the declaration of results of NET Examination was on 15.01.2020. The last date for submission of application to the PSC pursuant to Ext.P3, was also 15.01.2020. The petitioner is therefore amply qualified for appointment as Assistant Professor as on 15.01.2020. However, in Ext.P4, the date of declaration of result of NET Examination is shown as 23.01.2020. The 2nd respondent is compellable to correct Ext.P4 certificate rectifying the date of declaration of results shown in Ext.P4 as 15.01.2020, instead of 23.01.2020. W.P.(C) No.29500/2021 :5:
7. The Standing Counsel entered appearance on behalf of the respondents and contested the writ petition. The Standing Counsel for the respondents submitted that the scores of the NET Examination was declared on 15.01.2020. Thereafter, the minimum cut off percentage for the award of Junior Research Fellowship/Lectureship/Assistant Professor in different disciplines in the Joint CSIR-UGC Test for Junior Research Fellowship and Eligibility for Lectureship / Assistant Professor held on 15.12.2019 and 27.12.2019, was declared on 23.01.2020. Therefore, the date of declaration of Joint CSIR-UGC NET result for Junior Research Fellowship and Eligibility for Lectureship / Assistant Professor (NET) Examination December, 2019 is 23.01.2020.
8. The learned Standing Counsel argued that only scores were declared on 15.01.2020 and the result could be computed and prepared only after declaration of cut off list. Therefore, Ext.P4 showing the date of declaration of NET result as 23.01.2020 is correct. No change is warranted in W.P.(C) No.29500/2021 :6: Ext.P4, contended the Standing Counsel.
9. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.
10. The question arising for consideration in the writ petition is as to the date of declaration of results of NET Examination, in which the petitioner appeared. The examination was held in December, 2019. As per Ext.P1, NTA Results 2019 was to be made known to the candidates on 15.01.2020. In Ext.P2 NTA Score Card issued to the petitioner, which is dated 15.01.2020, in the result, the petitioner is shown as qualified for JRF (NET)-UGC. Based on Exts.P1 and P2, the petitioner argues that the date of declaration of results is 15.01.2020.
11. Ext.P1 would only indicate that the Score of Joint CSIR-UGC NET December 2019 is to be published on 15.01.2020. Ext.P2 is National Testing Agency Score Card issued to the petitioner. In Ext.P2 which is dated 15.01.2020, it has been stated that the petitioner is qualified for JRF W.P.(C) No.29500/2021 :7: (NET)-UGC. Note 3 in Ext.P2 states that the NTA Score indicated therein is the percentage of candidates who have scored equal to or below (same or lower raw marks) candidates. Note 6 states that instructions relating to issuance/obtaining eligibility certificate to qualified candidates will be notified separately later by CSIR on their website.
12. Ext.P2 therefore would clearly indicate that it is not a final declaration relating to issuance/obtaining eligibility certificate to qualified candidates. According to the respondents, after declaring scores, the minimum cut-off percentage for the award of Junior Research Fellowship / Lectureship / Assistant Professor in different disciplines in the Joint CSIR-UGC Test for JRF and Eligibility for Lectureship / Assistant Professor was declared on 23.01.2020 only. If that be so, the date of declaration of results can only be 23.01.2020.
13. It is clear that on 15.01.2020, only scores were declared and whether the candidates are eligible for W.P.(C) No.29500/2021 :8: JRF/LP/AP can be assessed only after the declaration of cut- off list. The press release dated 15.01.2020 issued by the respondents also states that instructions relating to issuance/obtaining eligibility certificate to qualified candidates will be notified separately later by CSIR. After fixing the cut-off percentage, the respondents have issued Annexure-R2(b) in which it has been clearly stated that the date of declaration of Joint CSIR-UGC NET for Junior Research Fellowship and Eligibility for Lectureship / Assistant Professor (NET) Examination held on 15.12.2019 and 27.12.2019 is 23.01.2020.
14. In view of the above facts, it is evident that Ext.P2 is only a Score Card, not amounting to declaration of final results. In Ext.P4 certificate issued to the petitioner, it has been specifically stated that the date of eligibility for Assistant Professor is the date of declaration of Joint CSIR-UGC Test which is 23.01.2020.
For the afore reasons, this Court finds that the writ petition filed by the petitioner is devoid of any merit and it is W.P.(C) No.29500/2021 :9: liable to be dismissed. The writ petition is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE aks/30.03.2022 W.P.(C) No.29500/2021 : 10 : APPENDIX OF WP(C) 29500/2021 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTIFICATION SHOWING THE DATE OF DECLARATION OF RESULTS OF VARIOUS EXAMINATIONS INCLUDING JOINT CSIR-UGC NET EXAMINATION Exhibit P2 A TRUE PHOTOCOPY OF THE SCORE CARD IN RESPECT OF THE PETITIONER ISSUED BY THE SECOND RESPONDENT Exhibit P3 A TRUE PHOTOCOPY OF THE GAZETTE NOTIFICATION DATED 11-12-2019 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION CALLING FOR THE APPLICATIONS FOR THE POST OF ASSISTANT PROFESSOR IN MATHEMATICS.
Exhibit P4 A TRUE PHOTOCOPY OF THE E-CERTIFICATE
NO. DEC19C05628 DATED 20-07-2020
ISSUED BY THE SECOND RESPONDENT
Exhibit P5 A TRUE PHOTOCOPY OF THE COLLECTION OF
E MAIL MESSAGES ISSUED TO THE
PETITIONER BY THE PSC INCLUDING
MESSAGE NO 3 DATED 30-11-2021
Exhibit P5A A LEGIBLE TYPE WRITTEN COPY OF EXHIBIT
P5
Exhibit P6 A TRUE PHOTOCOPY OF THE REQUEST DATED
14-12-2021 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT BY EMAIL AND BY REGISTERED POST Exhibit P7 A TRUE PHOTOCOPY OF THE SYLLABUS OF THE JOINT CSIR-UGC (NET) EXAMINATION OBTAINED FROM THE CSIR WEBSITE.
Exhibit P8 A TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE MERIT LIST.
RESPONDENT'S EXTS:
R2(a) COPY OF PRESS RELEASE DT 15.1.2020 R2(b) COPY OF CUT OFF LIST R2(c) COPY OF JRF AWARD LETTER DT 20.7.2020