UNIVERSITY OF KERALA Vs. MERLIN J.N

JUDGEMENT

(1.) Leave granted. With consent of the learned counsels, the appeals were heard finally. The appellants (in the first appeal, Dr. M.S. Jayakumar, and in the second appeal, the University of Kerala (hereinafter, "University") challenge a common judgment of the Division Bench of the Kerala High Court (In W.A. No. 1713, 1744 and 1792 of 2018 and the common orders passed in R.P. No. 688-90 of 2020 by Kerala High Court). The issue involved is the legality of Dr. Jayakumar's appointment as Lecturer in Sociology by the University. The High Court concurrently set aside that appointment.

(2.) Dr. Jayakumar completed his graduation in Sociology in the year 1999, acquired his M.Phil. in the year 2000, and Ph.D. on 23/8/2006. The regulations prescribing qualifications for appointment promulgated by the University Grants Commission (hereinafter, "UGC") were the UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, introduced in March 2000 (hereinafter, "2000 UGCR"). They prescribed passing the National Eligibility Test (hereinafter, "NET") as an essential condition for appointment as Lecturer in any university. The 2000 UGCR exempted candidates who had acquired M. Phil or submitted their Ph.D. thesis by 31/12/1993 from taking the NET ["NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D. degree. However, the candidate who have completed M.Phil. degree or have submitted Ph.D. thesis in the concerned subject up to 31/12/1993, are exempted from appearing in the NET examination"].

(3.) The 2000 UGCR were amended on July 2002 (hereinafter, "2002 UGCR / first amendment"). As a consequence, those who had acquired M.Phil. by 31/3/1993 or had submitted their Ph.D. thesis by 31/12/2002 were exempted from taking the NET ["NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D. degree. However, the candidates who have completed M.Phil. degree by 31/12/1993 or have submitted Ph.D. thesis to the university in the concerned subject on or before 31/12/2002 are exempted from appearing in the NET examination. In case such candidates fail to obtain Ph.D. degree, they shall have to pass the NET examination"]. In June 2006, the regulations were further amended (hereinafter, "2006 UGCR / second amendment") ["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"].