IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36897 of 2008(P)
1. DR. JOHNSON R, AGED 41 YEARS,
... Petitioner
Vs
1. UNIVERSITY OF CALICUT, REP. BY ITS
... Respondent
2. THE REGISTRAR, UNIVERSITY OF
3. THE STATE OF KERALA, REP. BY THE
4. UNIVERSITY GRANTS COMMISSION,
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :15/12/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No.36897 of 2008
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Dated this the 15th day of December, 2008
J U D G M E N T
Ext.P1 is the notification issued by the Calicut University inviting
applications for various posts including the post of Lecturer (Psychology).
In so far as the Lecturer post is concerned, the eligibility criteria notified in
Ext.P1 is the following :-
“(i) Good academic record with at least 55% marks (without grace of
rounding off) or an equivalent grade at Master’s degree level in the
relevant subject of the University or of any Indian University/Foreign
University as equivalent thereto.
(ii) Clearance in the National Eligibility Test (NET) for Lecturers
conducted by UGC/CSIR or similar test accredited by the UGC or Ph.D.
in the concerned subject or Completed M.Phil degree in the concerned
subject on or before 31st December, 1993.
Note : i) A relaxation of 5% marks at the Master’s level will
be provided for the SC/ST candidates who cleared the National Eligibility
Test (NET).
ii) A relaxation of 5% marks at the Masters level will
be provided to Ph.D. Degree holders who have passed their Masters
Degree prior to 19/09/1991 and cleared the National Eligibility Test
(NET).”
2. Responding to Ext.P1, the petitioner submitted Ext.P2. Along
with the application he also produced his certificates. Admittedly, the
petitioner did not secure 55% marks for the Masters Degree level
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examination. In so far as his M.Phil degree is concerned, Ext.P2(b) is the
certificate. It is stated that the petitioner has passed in Grade B in the
Examination held in December, 1993. Prima facie, it would appear that he
is eligible in terms of Clause (ii) of the eligibility criteria extracted above.
3. However, as already noticed, he does not have 55% marks at
the Masters level degree examination. Here, the petitioner is claiming the
benefit of relaxation in terms of Note (ii) extracted above. Here again, the
petitioner does not satisfy the requirement that he should have acquired
National Eligibility Test. However, the petitioner refers to Exts.P5, P6 & P7.
Ext.P5 is the Special Rule framed for by the Government for appointments
in the Kerala Collegiate Education Service. Since the vacancies notified in
Ext.P1 are not in Collegiate Education Service, Ext.P5 is inapplicable.
Ext.P6 is the notification issued by the Government introducing UGC
scheme and Ext.P7 is the notification issued by the University of Kerala for
appointments in that University. Since the learned Standing Counsel for
the University confirms that the qualifications and the note incorporated in
Ext.P1 notification are consistent with the Regulations framed by the
University, even if Exts.P6 & P7 are at variance with Ext.P1, that is
inconsequential.
4. Admittedly, the petitioner does not possess 55% marks in the
Masters Degree level examination, and as he has not cleared National
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Eligibility Test he is also not eligible for the relaxation provided. If that be
so, the rejection of the petitioner’s application by Ext.P3, at least on the
ground that he does not possess the 55% marks at masters level deserves
to be upheld.
The writ petition fails, and is dismissed.
(ANTONY DOMINIC, JUDGE)
jg
