IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 29428 of 2008(C) ------------------------------------- PETITIONER(S): ------------------------ MARY JAYA.V.J, LECTURER IN ELECTRONICS, DEPARTMENT OF COMPUTER SCIENCE, ASSUMPTION COLLEGE, CHANGANASSERY. BY ADV.MR.BABU VARGHESE RESPONDENT(S): ------------------------- 1. THE MANAGER, ASSUMPTION COLLEGE, CHANGANASSERY. 2. THE MAHATHMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS.P.O, KOTTAYAM. * 3. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVT. GOVERNMENT SECRETRIAT, THIRUVANANTHAPRUAM. * THE ADDRESS OF 3RD RESPONDENT IS CORRECTED AS THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT , DEPARTMENT OF HIGHER EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPRUAM VIDE ORDER DT. 28.11.08 IN IA. 15068/08. 4. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, PMG JUNCTION, THIRUVANANTHAPRUAM. W.P.(C) NO.29428/2008 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 6. THE UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS SECRETARY, BAHARDUR SHAH ZAFAR MARG, NEW DELHI - 110002. ADV. MR. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R2 GOVERNMENT PLEADER SMT.T.B.RAMANI FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 29428/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE DT. 11.8.93 ISSUED BY THE CONCERNED MEDICAL BOARD TO THE PETITIONER. P2:- COPY OF THE MINUTES OF THE SELECTION COMMITTEE HELD ON 6.7.05. P3:- COPY OF THE APPOINTMENT ORDER DT. 8.7.05. P3(a):- COPY OF THE ORDER OF APPROVAL DT. 17.11.07 GRANTED BY THE UNIVERSITY. P4:- COPY OF THE ORDER NO.2741/E.II.I/95/ACAD DT. 31.7.96 OF THE M.G.UNIVERSITY. P4(a):- COPY OF THE ORDER NO.ACL/1145/K/16/2000 DT. 29.6.01 OF THE M.G.UNIVERSITY. P5:- COPY OF THE RELEVANT PAGES OF THE REGULATION DT. 23.9.99 RELATING TO QUALIFICATION OF TEACHER ISISUED BY THE 2ND RESPONDENT UNIVERSITY. P5(a):- COPY OF THE RELEVANT PAGES OF THE PRESCRIPTION OF MINIMUM QUALIFICATION IN RESPECT OF LECTURERS IN ELECTRONICS BY KERALA UNIVERSITY. P5(b):- COPY OF THE NOTIFICATION DT. 23.11.06 ISSUED BY THE COCHIN UNIVERSITY. P6:- COPY OF THE COVERING LETTER DT. 8.9.08 SENT BY THE PRINCIPAL TO THE UNIVERSITY ALONG WITH THE REPRESENTATION OF THE PETITIONER. P6(a):- COPY OF THE U.G.C. LETTER DT.11..11.06 GRANTING EXEMPTION FROM NET EXAMINATION IN RESPECT OF SRI.RIYAL A.M. P7:- COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN OP. NO.16572 OF 1995 DT. 26.10.95. P7(a):- COPY OF THE INTERIM ORDER PASSED BY THE DIVISION BENCH OF THIS HONOURABLE COURT IN OP. NO.24481/98 DT. 24.1.2000. P8:- COPY OF THE REPLY DT. 8.5.08 GIVEN BY THE 2ND RESPONDENT. P9:- COPY OF THE U.G.C. ORDER DT. NIL NOVEMBER, 2008 GRANTING EXEMPTION TO MR.MOHAMMED BASHEER K.P. AND MS. MINI .T.V. P10:- COPY OF THE PROFORMA SUBMITTED BY THE COLLEGE AND THE UNIVERSITY. TRUE COPY P.S. TO JUDGE TSS P.N.Ravindran, J. ================== W.P.(C) No.29428 of 2008 ===================== Dated this the 31st day of March, 2009. JUDGMENT Heard Sri. Babu Varghese, the learned counsel appearing for the petitioner, Sri. T.A.Shaji, the learned standing counsel appearing for the second respondent and Smt. T.B.Remani, the learned Government Pleader appearing for respondents 3 to 5. 2. The petitioner was appointed as Lecturer in Electronics in the Department of Computer Science in Assumption College, Changanacherry as per Ext.P3 appointment order dated 8.7.2005. The petitioner is a post-graduate in Electronics and also in Engineering. She possesses M.Sc. degree in Electronics and M.Tech degree in Electronics. The petitioner's appointment as per Ext.P3 was against a substantive vacancy that arose on the resignation of Smt. Manju Manuel, whose appointment had been approved. The petitioner's appointment as per Ext.P3 was approved by the University as per Ext.P3(a) order dated 17.11.2007. When the salary bill of the petitioner was forwarded to the Director of Collegiate Education, he raised an objection that as the petitioner has not passed NET/SET she is not qualified to be appointed as Lecturer. It is also stated that the petitioner is not entitled to get exemption from NET qualification. WP(C) 29428/08 -: 2 :- 3. The qualifications prescribed by the University Grants Commission which have been incorporated by the Kerala University in the regulations framed by it for appointment to the post of Lecturer in Electronics are as follows: “Lecturers in Electronics (a) First Class BE/B.Tech in Electronics/Electronics & Communication/Applied Electronics & Instrumentation. OR (b) M.Tech (Electronics) passed with 55% marks. OR ( c) M.Sc. (Electronics) with minimum 55% marks. Note: (i) candidates under category (a) & (b) will be governed by AICTE norms & will be eligible for promotion only after acquiring Masters Degree. (ii) Candidates under category (c) should have passed NET/ SET in their relevant subject of specialization. ” 4. The petitioner admittedly possesses M.Sc. degree in Electronics and M.Tech degree in Electronics. The objection raised by the State of Kerala and its officers is that the petitioner has not passed NET examination and therefore her appointment is not in order. In my opinion, there is no merit in the said contention. As per the regulations framed by the University, candidates who do not have M.Tech degree in Electronics alone are required to pass NET/SET in the relevant subject. The mere fact that the petitioner possesses M.Sc. degree in Electronics cannot in my opinion lead to a situation where notwithstanding the fact that she possesses M.Tech degree in Electronics, has to pass NET/SET in the relevant subject. The objection raised by the State and its officers to WP(C) 29428/08 -: 3 :- the payment of salary and allowance to the petitioner is in my opinion, plainly untenable. In the result, the Writ Petition is allowed and the respondents are directed to disburse to the petitioner arrears of salary and allowances with effect from 8.7.2005 within two weeks from the date on which the arrear bill is presented for payment by the Principal of the College where the petitioner is employed. P.N.Ravindran, Judge. ess