UNIVERSITY GRANTS COMMISSION Vs. R RAJESH

JUDGEMENT

(1.) The University Grants Commission, the respondent in W.P.(C) No. 6157 of 2005, is the appellant in this Writ Appeal. For the sake of convenience, the parties are referred to as they are arrayed in the Writ Petition. The brief facts of the case are as follows:

(2.) By a notification dated 29.7.1999 published in the Kerala Kaumudi, Mathrubhoomi, Indian Express and the Hindu Dailies, the Manager, Sree Narayana Colleges invited applications from eligible candidates for appointment to the post of Lecturer in Computer Science. The number of vacancies notified was 5. Though the notification is not produced by any of the parties, the newspapers in which the notification was published are available in File No. Acf III/1/006197/2000 produced by the Kerala University. The notification states that the qualifications are as per University Grants Commission/University norms. The qualifications in detail, were however not set out. The files disclose that the Academic Council of the Kerala University had at its meeting held on 19.11.1996 prescribed the qualifications for appointment of teachers in Computer Science/Electronics in the affiliated colleges offering B.Sc. Computer Science/Electronics courses. The Kerala University thereupon issued order No. Acad. AIV/2/2812 95 dated 21.12.1996, the relevant portion of which reads as follows:

(3.) The petitioners, who possess MCA degree, applied for appointment as Lecturer in Computer Science. They were selected by the selection committee constituted for the purpose and appointed along with one Smt. Nimi Thilak as Lecturer in Computer Science in S.N. College, Cherthala as per Ext.Pl proceedings dated 24.12.1999 issued by the Manager, Sree Narayana Colleges, the proposals to approve the appointment of the petitioners and Smt. Nimi Thilak were forwarded to the Kerala University by the Principal, Sree Narayana College, Cherthala to the Registrar of the Kerala University along with his letter dated 17.2.2000. By Ext.P2 order dated 15.1.2002, the Kerala University, hereinafter referred to as the "University" for short, approved their appointment subject to the condition that they should pass the National Eligibility Test (NET) within two years as stipulated in letter dated 15.6.1998 sent by the Joint Secretary, University Grants Commission, New Delhi to the Commissioner and Secretary to Government, Higher Education Department, Government of Kerala.