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5. Heard Sri.Gopalakrishna Kurup, the learned senior counsel for the petitioner, Sri.Krishna Moorthy, the learned Standing Counsel for the 5th respondent and Sri.Aravinda Kumar Babu.T.K, the learned senior Government Pleader.
6. It is an undisputed fact that the petitioner did not have the requisite NET qualification as on 17.1.2008, the date of her initial appointment. Regulation 3.3.3 of the UGC (Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 empower the UGC to grant exemption from NET qualification in a particular subject in which NET/SLET/SET is not conducted. By its first letter itself, the UGC had refused to grant exemption to the petitioner pointing out that NET in French is being conducted. A reading of Ext P5 order would show that the petitioner had, vide letter dated 3.1.2013 forwarded through the Principal of her College , requested the University to approve her appointment from 30.11.2011 and the former half of her appointment to be considered later, on getting exemption from the UGC. Subsequently, after the petitioner acquired NET qualification, the issue was again considered by the UGC and vide its order dated 1st October, 2013, the UGC reiterated that there is no scope for relaxation/condonation/exemption in minimum qualification and that the petitioner's service can be regularised only with effect from the date she cleared the National Eligibility Test. Thereafter, the Syndicate of the University directed the Management to submit a revised proposal, seeking approval of the petitioner's appointment w.e.f 30.11.2011 and such revised proposal was submitted by the Management. While so, the petitioner approached this court by filing WP(C) No.16964 of 2014 seeking the following reliefs:-