LAWS(KAR)-2012-11-252

DR B. SIDDAPPA Vs. THE REGISTRAR TUMKUR UNIVERSITY, UNIVERSITY GRANTS COMMISSION REP. BY ITS SECRETARY, SRI. JAYASHEELA AND UNDER SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT (UNIVERSITIES)

Decided On November 19, 2012
Dr B. Siddappa Appellant
V/S
The Registrar Tumkur University, University Grants Commission Rep. By Its Secretary, Sri. Jayasheela And Under Secretary To Government Education Department (Universities) Respondents

JUDGEMENT

(1.) THIS Writ Petition is directed against the notification dated 24.2.2010 issued by the first respondent produced at Annexure -D, insofar as it relates to the post of Professor in Economics (item No. 7) and for quashing the selection of third respondent as a Professor of Economics. Facts leading to this case are that:

(2.) SRI . Sampath Kumar, learned Counsel appearing for the petitioner submitted that, Annexure -D, a notification inviting the application for the post of Professor was issued on 24.2.2010, however, the qualification prescribed insofar as the post of Professor is concerned, was not in consonance with the University Grant -cum -Regulation of 2009 (in short referred to as 'U.G.C. Regulations of 2009'). He relied on the UGC Regulations 2009, the University Grants Commission had prescribed the minimum qualification for the post of Professor as per Clause 4.1.0 wherein, the qualification to the post of Professor was:

(3.) TO substantiate his contentions, learned Counsel relied on Annexure -H and para -6 of the rejoinder filed by the petitioner to show that, the petitioner has the qualification of M.A., Ph.D. and had teaching experience for more than 33 years and successfully guided five Ph.D. students, two M. Phil. students, further has published 25 articles on Economics, 24 text books, has published two research project. Thus, the petitioner was fully qualified to be appointed as a Professor of Economics in terms of the 2009 UGC Regulations, whereas the third respondent does not possess the requisite qualification viz., he does not have the Ph.D. Degree and 10 years of teaching experience in Postgraduate Teaching.