K SACHIDANANDA Vs. BANGALORE UNIVERSITY GNANA BHARATHI

JUDGEMENT

(1.) In these writ petitions, the petitioners are challenging the Notification dated 06.07.2005 vide Annexure-C issued by the Assistant Registrar, Bangalore University, notifying the appointment of respondents 4 to 13 as Temporary Lecturers in the University Law College, Bangalore. Petitioners are also seeking for a direction to respondents 1 to 3 to select and appoint them to the post of Part Time and Full Time Lecturers in Law in the University Law College strictly following the provisions of Section 53 of Karnataka Universities Act, 2000 and the University Grants Commission (Minimum' Qualification required for the Appointment and Career Advancement of Teachers in University and Institutions Affiliated to it) Regulations, 2000.

(2.) The 3 petitioners are Advocates practicing in Bangalore. They have passed Masters Degree' if Law with distinction in different branches of law. They have been teaching in the University Law College as Part Time Lecturers since last few years. They assert that they satisfy the minimum qualification required for the post of Lecturer, in that, the 1st petitioner has passed NET (National Eligibility Test for Lectureship) and the 2nd petitioner has submitted a thesis to the Pondicherry University for award of Ph.D and the 3rd petitioner has passed LL.M and belongs to Scheduled Tribe. Their grievance is that the respondent-University without following the procedure prescribed u/s 53 of the Karnataka State Universities Act, 2000 (Karnataka Act No.29 of 2001) and the provisions of the University Grants Commission (Minimum Qualification required for the Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to it) Regulations, 2000 (for short the University Grants Commission Regulations), has proceeded to recruit and appoint ineligible candidates as Lecturers, both Part Time and Full Time in the University Law College, Bangalore. The interview for selection to the posts in question was held on 18.06.2005. The petitioners participated in the interview held. Having regard to their eligibility and merit, they expected that they would be selected. However, instead of selecting the petitioners who were qualified and meritorious, the respondent- University has appointed the contesting respondents 4 to 13 as Lecturers both Part Tune and Full Time although they did not possess NET in Law or had not completed M.Phil. Degree nor had submitted Ph.D. thesis in the concerned subject is what is contended. While respondents 4 to 8 have been selected as Part Time Lecturers, respondents 9 to 13 have been selected as Full Time Lecturers. It is thus pointed out that the entire process of selection of respondents 4 to 13 is vitiated. It is further contended that they had made representations dated 19.07.2005 addressed to the Chancellor of the University pointing out the illegality in the selection process, but no action was taken on the petition filed by them. Hence, being aggrieved by the selection and appointment of respondents 4 to 13, the petitioners have approached this Court seeking reliefs as aforementioned.

(3.) Learned Counsel appearing for the petitioners Sri A.V. Gangadharappa reiterating the grounds urged in the writ petition has contended that none of the respondents 4 to 13 have the requisite qualification as prescribed in the Regulations framed by the University Grants Commission. Drawing the attention of the Court to sub Regulation 2 of Regulation 1 which makes it clear that the 2000 Regulations prescribing minimum qualifications framed by the University Grants Commission are made applicable to Universities established or incorporated under the Central Act, Provincial Act or a State Act and every institution or an affiliated college recognised by the Commission. Drawing particular attention to Rule 2 providing for qualifications for the Lecturers, he submits that a person to be eligible for being appointed to a teaching post in University or in any of the institutions including a constituent or affiliated college must posses qualifications as prescribed in the annexure appended to the Regulations. The annexure appended to the Regulations at clause 1.3.3 dealing with Lecturers states that besides fulfilling the above qualifications, candidates should have cleared the eligibility test (NET) for Lecturers conducted by the UGC, CSIR or similar test accredited by the UGC. The note appended to the Rule states that 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 or have submitted Ph.D. thesis in the concerned subject upto 31st December 1993 are exempted from appearing in the NET examination. These Regulations have come into force with effect from 04.04.2000 and are very much applicable to the selection process undertaken by the University in the instant case as the Notification inviting applications is issued on 18.05.2005.