IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 2630 of 2008(K) ------------------------- PETITIONER: ------------ DR.N.R.NISHA, APARTMENT NO.M, 4TH FLOOR, DIWANS CHAMBER, DIWANS ROAD, COCHIN - 16. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: ------------- 1. UNIVERSITY OF KERALA, TRIVANDRUM, REPRESENTED BY ITS REGISTRAR. 2. UNIVERSITY GRANTS COMMISSION, BAHAHADUR SHAH ZAFAR MARG, NEW DELHI - 110 002. 3. DR.K.L.VIVEKANANDAN, KNRA - 218, SRI.SANKARA BHAVAN, PETTAH P.O., TRIVANDRUM - 695 024. BY SRI. M. RAJAGOPALAN NAIR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.2630 OF 2008 ---------------------------------------- Dated this the 24th day of January, 2008 JUDGMENT The petitioner is an applicant for the post of Reader in Geology in the University of Kerala. The qualifications prescribed in the notification inviting applications includes 8 years teaching experience/research, in addition to 55% marks in the Master's level and a Ph.D Degree. The petitioner does not have 8 years teaching experience/research. But according to the petitioner, as per the UGC Regulations fixing the qualifications for various posts, as amended only 5 years experience is prescribed, although earlier in the UGC Regulations also the experience prescribed was 8 years. The petitioner submits that in the University Statutes the old qualifications still continue for want of amendment. The petitioner would further contend that when the UGC prescribes qualifications, the University is bound to adopt the said qualifications. 2. I have considered the rival contentions in detail. It is true that as per the UGC Regulations the prescribed experience W.P.(c) No.2630/07 2 qualification for the post is 5 years as at present, and in the University Statutes it remains as 8 years. That would amount to prescription of higher qualification by the University than those prescribed in the UGC Regulations. A Division Bench of this Court in W.A. No.2647/07 and connected cases, relying on the decision of the Supreme Court in State of Tamilnadu V. S.V. Bratheep (2004 (4) SCC 513), has held that although the State Government and the University cannot prescribe qualifications lower than those prescribed by the UGC, they are certainly empowered to prescribe higher qualifications. In view of that decision, which is binding on me, the petitioner cannot now raise a contention that her application should be considered in accordance with the UGC Regulations in so far as a higher qualification is prescribed in the University Statutes. In that view I do not find any merit in this writ petition and accordingly the same is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.2630/07 3