MANJUNATHA MALLINATH HIREMATH Vs. STATE OF KARNATAKA UNIVERSITY

JUDGEMENT

(1.) The petitioner, who was one of the candidates who had applied for the post of Assistant Professor (PG) in English, in response to the notification/advertisement dtd. 11/1/2014 published by the 1st respondent, has approached this Court challenging the office order dtd. 26/2/2014 issued by the 1st respondent vide Annexure-K appointing the 2nd respondent to the post of Assistant Professor (PG) in English and also with a prayer to issue a writ of mandamus directing the 1st respondent to consider the case of the petitioner for appointment to the said post of Assistant Professor (PG) in English.

(2.) Brief facts of the case that would be relevant for the purpose of disposal of this petition are:

(3.) Learned counsel for the petitioner submits that the petitioner has got higher marks during his academic career compared to the 2nd respondent, and the petitioner had work experience while the 2nd respondent did not possess the same. Learned counsel for the petitioner submits that as per the notification/advertisement dtd. 11/1/2014, a candidate applying for the post of Assistant Professor (PG) in English, in addition to having a minimum 55% marks at the Master's Degree level in the relevant subject, must have passed the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UCG like SLET/SET. He submits that the notification further provided that the candidates, who are or have been awarded Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009 (hereinafter referred to as 'Regulations of 2009', for short) shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent position in Universities/ Colleges/Institutions. He also submits that those who have obtained Ph.D. Degree after 11/7/2009 must have completed Ph.D. Degree with course work and that the applicants while applying must strictly adhere to the UGC (Minimum qualifications for appointment teachers in Universities and Constituent Colleges) Regulations, 2010 (hereinafter referred to as 'the Regulations of 2010' for short). He submits that the 2nd respondent has not cleared the National Eligibility Test conducted by the UGC, CSIR or similar tests accredited by the UCG like SLET/SET. He further submits that the respondent does not possess a Ph.D. Degree in accordance with the Regulations of 2009 and therefore she is not entitled to be exempted from the requirement of clearing NET/SLET/SET for recruitment and appointment to the post of Assistant Professor. He submits that a candidate, who has obtained Ph.D. Degree after 11/7/2009 i.e. after Regulations of 2009 came into force, must have completed Ph.D.Degree with course work, but the 2nd respondent, admittedly, has not completed Ph.D. Degree with course work and in spite of the 2nd respondent not possessing the basic qualifications to be recruited and appointed to the post of Assistant Professor (PG) in English, the 1st respondent for extraneous reasons has overlooked the said aspects and appointed the 2nd respondent to the post of Assistant Professor (PG) in English. He submits that the petitioner is a meritorious candidate and he possesses all requisite qualifications prescribed in the notification dtd. 11/1/2014 and the petitioner is also the highest scorer in the list of candidates and in spite of the same, his candidature is overlooked and the candidate who is not eligible has been appointed.