IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 36897 of 2008(P) -------------------------- PETITIONER(S): --------------- DR. JOHNSON R, AGED 41 YEARS, SON OF A.C. ALFRED, RESIDING AT SOMAVILASOM, VELLIMON P.O., KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. UNIVERSITY OF CALICUT, REP. BY ITS REGISTRAR, CALICUT UNIVERSITY P.O., CALICUT 673 635. 2. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT 673 635. 3. THE STATE OF KERALA, REP. BY THE SECRETARY,DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 4. UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF UNIVERSITY GRANTS COMMISSION, NEW DELHI. SHRI.P.C.SASIDHARAN, SC FOR R2 SHRI.S.KRISHNA MORRTHY, SC, UGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------- W.P.(C) No.36897 of 2008 ------------------------------------- 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 W.P.(C) No. 36897/2008 -2- 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 W.P.(C) No. 36897/2008 -3- 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