PRASHANTHA E.L. AND MR. GANAPATHI PRASANNA Vs. UNIVERSITY GRANTS COMMISSION (UGC), THE CO-ORDINATOR UNIVERSITY GRANTS COMMISSION AND UNION OF INDIA

JUDGEMENT

(1.) THE petitioner Nos. 1 and 2 are the Post -Graduates in Sociology and Law respectively. They have appeared for the National Eligibility Test for the Junior Research Fellowship and Lectureship. The eligibility criteria to qualify for the post of Lectureship for the candidates belonging to the general category was 40% in paper -I, 40% in paper -II and 50% in paper -III. As per the notification issued by the University Grants Commission (UGC)'s National Education Testing (NET Bureau), the petitioners have obtained the minimum qualifying percentage in all the three papers. When thus stood the state of affairs, the UGC's NET Bureau at the time of announcing results raised the minimum qualifying percentage to aggregate 65% for the candidates belonging to the general category. Sri Krishnamurthy G, the learned counsel for the petitioners submits that the terms and conditions at the time of calling for the applications from the candidates appearing for the test govern the entire process of test including the fixation of the minimum marks and the announcement of the results. Midway, the minimum qualifying percentage cannot be varied to the disadvantage of the candidates. He submits that the High Court of Kerala has already quashed the upward revision of fixation of the minimum qualifying percentage by its order, dated 17.12.2012 in W.P. (C). Nos. 22187/2012 and other connected petitions in the case ROOPAKALA PRASAD v. THE UNIVERSITY GRANTS COMMISSION AND ANOTHER. The High Court of Madhya Pradesh in W.P. No. 41/2013 and other connected petitions in the case of SUSHEEL KUMAR and OTHERS v. UNION OF INDIA and this Court by its order, dated 07.02.2013 in W.P. No. 1213/2013 and other connected petitions in the case of SHRI LAKSHMI. M v. UNIVERSITY GRANTS COMMISSION (UGC) AND OTHERS have reiterated the Kerala High Court's view.

(2.) FOLLOWING the said judicial pronouncements, I hold that what was subsisting in the Regulations cannot be introduced at the fag end of the examination process or just before or at the time of the announcement of the results. The higher fixation of the aggregate 65% as minimum qualifying percentage is quashed. It is declared that the petitioners have acquired the eligibility criteria for Lectureship, if they have indeed secured 40% in paper -I, 40% in paper -II and 50% in paper -III or more. The second respondent is directed to issue the consequential eligibility certificate to the petitioners within one month from today. These petitions are accordingly allowed. No order as to costs.