IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 13778 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. KESAVAN PUTHIYILLAM, PUTHIYILLAM,SREESTHA P.O., KANNUR DISTRICT,670 303. 2. RADHAMANY.C.P., EDAVAN HOUSE,NADUVIL, KANNUR DISTRICT,670 582. BY ADV. SRI.SAJEEV.T.P. RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R2 SRI. A.J. VARGHESE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, ALONG WITH WPC NO. 22527 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.13778 OF 2009 & 22527 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2009 J U D G M E N T The respective petitioners are seeking appointment for the post of Lecturer in History as per notification issued by the Public Service Commission. All of them have acquired their M.A. Degree from Sree Sankaracharya University. 2. Apprehending that they may not be called for the interview, they have approached this court by filing these writ petitions. The petitioner has produced Ext.P5 a notification issued by University Grants Commission. As per the said notification, the Commission amended the regulation 2000 by restating that “NET shall remain the compulsory requirement for appointment as Lecturer for those with post-graduate degree. However, the candidates having Ph.D.Degree in the concerned subject are exempted from NET for PG level and UG level teaching. The candidates having M.Phil Degree in the concerned subject are exempted from NET for UG level teaching only”. The unamended regulations provided that the WPC.No.13778 OF 2009 & 22527 OF 2009 : 2 : candidates who have completed M.Phil degree or submitted Ph.D thesis in the concerned subject upto 31st December, 1993 are exempted from appearing in the NET examination. 3. It is contended by the learned counsel for the petitioner that the notifications are violative of Article 14 of the Constitution of India. It is also contended that the petitioners are entitled to teach in the under graduate level. 4. The learned Standing Counsel for PSC submitted that the issues raised are covered against the petitioners in the light of a decision of the apex court reported in UNIVERSITY GRANTS COMMISSION VS. SADHANA CHAUDHARY AND OTHERS(1996 (10) SCC 536) and by a judgment of the Devision Bench of this Court BIJU VS. UNIVERSITY OF KERALA ( 2008(1)KLT 707). In the latter decision the very same regulation was under consideration. In the judgment of the learned Single Judge reported in SUMITHRA DEVI AND OTHERS VS. STATE OF KERALA AND OTHERS (2007(4) KLT 587), it is held that the regulations are valid and the exemption will not apply to this State. The said view was upheld by the judgment of the Division Bench in BIJU WPC.No.13778 OF 2009 & 22527 OF 2009 : 3 : VS.UNIVERSITY OF KERALA ( 2008(1)KLT 707). It was held that the regulations cannot be treated as arbitrary. 5. Therefore the issue raised herein is covered against the petitioners by the judgment of the Division Bench. 6. Learned counsel for the petitioner further submits that cut of date under the earlier notification cannot also be upheld. But the said issue is covered against the petitioner by the judgment of the apex court in UNIVERSITY GRANTS COMMISSION VS. SADHANA CHAUDHARY AND OTHERS. It was held that the cut of date fixed is not arbitrary. Therefore the petitioners are not entitled for any relief in this writ petition. The writ petitions are dismissed. T.R. RAMACHANDRAN NAIR, JUDGE. jma