HANEEFA T. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has filed this writ petition aggrieved by Ext.P10 Government Order by which, the petitioner's appointment as a Lecturer in Computer Science in the N.A.M.College, Kallikandy has not been approved for the reason that the petitioner was not possessed of the qualification of a pass in the National Eligibility Test ('NET' for short) of the University Grants Commission ('UGC' for short). The petitioner has therefore been directed to be given the status of a Guest Lecturer for the time being and the College has been directed to issue a notification for the appointment of a qualified hand.

(2.) According to the petitioner, he had worked as a Lecturer in Computer Science in the College of the third respondent for the period from 26.7.2004 to 19.6.2007. Thereafter he has left the service of the third respondent. Though he was appointed as per Ext.P5 proceedings dated 24.7.2004 on a pay of Rs.8,000/ - per month, which was the pay due to him as per the UGC scale, he was paid only the salary of a guest lecturer in view of Ext.P10. Therefore, the petitioner seeks the issue of appropriate directions quashing Ext.P10 and directing payment of salary to him at the UGC scale at which he was appointed as per Ext.P5.

(3.) The petitioner admits that he did not possess the qualification of NET at the time of his appointment. But, according to him, there was a scarcity of NET qualified candidates at the time of his appointment. Therefore, the practice of the University as well as the first respondent was to exempt qualified candidates from the requirement of NET qualification. It was in view of the above practice followed by the University and the first respondent that the petitioner was appointed though he did not possess the NET qualification. The petitioner was rank No:1 at the selection. After his selection, as per Ext.P6 dated 23.9.2005 the second respondent granted him provisional approval. As per Ext.P7, the Registrar of the University also addressed a communication dated 28.7.2005 to the Secretary of the UGC seeking exemption in the case of the petitioner from the requirement of NET qualification. In tune with the above practice that was being followed, as per Ext.P9 G.O dated 15.7.2003 appointments of other lecturers like the petitioner have been approved. Exts.P12 and P13 are similar orders granting exemption to other lecturers like the petitioner who did not possess NET qualification. According to the counsel for the petitioner, Shri.V.Varghese, the said persons have been permanently exempted. However, in the case of the petitioner a diametrically opposite stand has been adopted by the first respondent in Ext.P10.