BIJU R I Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The writ petitioners are the appellants. The validity of Ext.P2 statute, framed by the University of Kerala, prescribing the qualification for appointment to the post of Lecturer in various subjects under the said University and the colleges affiliated to it, was under challenge in the Writ Petition.

(2.) The brief facts of the case are the following: All the appellants are post graduates with 55 or more percentage of marks in various subjects. All of them are having M.Phil qualification in the concerned subject. They submit that the UGC Regulation for appointment to the post of Lecturer prescribes the qualifications for appointment as (1) good academic record with 55% marks or equivalent (2) Pass in National Eligibility Test for Lecturers, conducted by the UGS, CSIR or similar test accredited by the UGC. But, as per Ext.P1 Regulation, candidates with Ph.D. Degree in the concerned subject are exempted from NET for post graduate level and undergraduate level teaching. Candidates having M.Phil. Degree in the concerned subject are exempted form NET for undergraduate level teaching. As per Ext.P1, all the petitioners are eligible to be appointed as Lecturer, for teaching at undergraduate level. While so, the Kerala University issued Ext.P2 order, prescribing the minimum qualification for appointment to the post of Lecturer and also for career advancement. The said order reads as follows:

(3.) The learned Single Judge who heard the matter dismissed the WP(C). The main contention raised before the learned Single Judge by the writ petitioners was that Ext.P2 is ultra vires of Ext.P1 and therefore, unenforcible. But, the learned Single Judge took a view that since there is no cadre of Lecturer, exclusively for teaching at the undergraduate level in Kerala, the prescription made in Ext.P1 that M.Phil. Degree is sufficient qualification for teaching at undergraduate level is of no consequence as far as the State of Kerala is concerned. Here, there is only one combined cadre of Lecturer for teaching both undergraduate and postgraduate courses. Feeling aggrieved by the said Judgment, this Writ Appeal is filed.