IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 972 of 2009(N) ----------------------------------- PETITIONER(S): ---------------------- ANIL JOSE. P.S., S/O.J. SEBASTIAN, AGED 33 YEARS, PEZHUMVILA MERY VILASAM, MULAVANA VILLAGE, KUMBALAM POST, KOLLAM. BY ADV. MR.DENIZEN KOMATH MR.SHERRY J. THOMAS RESPONDENT(S): ------------------------- 1. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY POST, PIN-673 635. 2. UNIVERSITY GRANTS COMMISSION (UGC), REPRESENTED BY ITS SECRETARY, BAHADURSHAH ZAFAR MARG, NEW DELHI-110 002. R1 BY ADV. MR.P.C. SASIDHARAN, SC, CALICUT UNIVERSITY. R2 BY ADV. MR.S.KRISHNAMOORTHY, CGC . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 972/2009-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT DATED 29/07/2008. EXT.P2: COPY OF THE CERTIFICATES PRODUCED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3: COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 14/06/2006 BEARING REFERENCE NUMBER F.NO.1-1/2002 (PS ) EXEMP. EXT.P4: COPY OF THE MEMO ISSUED BY THE 1ST RESPONDENT DATED 06/12/2008. EXT.P5: COPY OF THE SECOND NOTIFICATION ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF THE NOTIFICATION PUBLISHED BY THE 1ST RESPONDENT REGARDING THE IMPLEMENTATION OF UGC NORMS IN UNIVERSITY. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 972 of 2009-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2009. JUDGMENT The petitioner was an applicant to the post of Lecturer in Psychology Permanent (LC/A1) category. Ext.P1 is the notification issued by the University. The petitioner submits that going by the qualification obtained by him, he was eligible to apply for the above post. Exts.P2 and P3 are the certificates produced by the petitioner as well as the copy of the notification dated 14.6.2006 issued by the second respondent. He has got Ph.D. and hence NET is not required. Complaining that the petitioner is not being permitted to compete in the selection process, the writ petition was filed mainly seeking for a direction to consider his application for the post of Lecturer in Psychology Permanent (LC/A1) category. His application was rejected for want of NET. 2. While admitting the writ petition, this court made it clear that any appointment to the post of Lecturer in Psychology Permanent (LC/A1) category shall be subject to the result of the writ petition. 3. The respondents have filed a counter affidavit in the matter. Learned counsel for the petitioner points out that a subsequent notification wpc 972/2009 2 has been issued by the University as per Ext.P5, wherein this particular category has not been shown. It is stated that it is done as such presumably in the light of the interim order passed by this court. According to the petitioner, he is a Ph.D. holder and fully qualified and eligible for the post in question which is notified. Hence, it is prayed that a direction may be issued to notify the particular category LC/A1 for selection. 4. If the University issues a fresh notification, the petitioner will be entitled to apply for the same if he is otherwise eligible for selection and appointment as Lecturer. Learned Standing Counsel for the University submitted that for the present, no decision has been taken yet to renotify the post in question. But as and when such a notification is issued, the petitioner will be free to apply for the same. The above submission is recorded. The writ petition is disposed of accordingly. No costs. (T.R. Ramachandran Nair, Judge.) kav/