LINDA PIOUS JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was appointed as Lecturer in French in the Fathima Matha National College, Kollam under the management of the 4th respondent, as per Ext.P1, order dated 17.01.2008. At that, time according to the petitioner, sufficient number of NET qualified candidates were not available. Exhibit P3 is the minutes of the appointing committee. The Committee permitted the petitioner to acquire NET qualification after her appointment. Accordingly petitioner has acquired the NET qualification after her appointment as per Ext.P1. By Ext.P5, the University has forwarded the proposal of appointment of the petitioner and the proposal for granting appointment to the petitioner to acquire NET qualification to the 3rd respondent, the University Grants Commission. Grievance of the petitioner is that the 3rd respondent has not either approved or rejected the appointment of petitioner so far.

(2.) THE learned counsel submits that the University Grants Commission (Minimum Qualifications required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) Regulations, 2000 (for short, "the Regulations 2000") applies to the petitioner as she was appointed on 17.01.2008. It is also submitted that no individual application could be entertained by the 3rd respondent for relaxation of the qualification. In the circumstances the 3rd respondent was bound to act upon Ext.P5, proposal made by the 2nd respondent to the 3rd respondent, it is argued.

(3.) I have heard the learned counsel for the 3rd respondent as well.