BINIL THOMAS ZACHARIAH Vs. MANAGER

JUDGEMENT

(1.) This appeal is filed by the petitioner in WP(C) No.24467/2015 challenging judgment dated 14/2/2017 by which the writ petition filed by the petitioner came to be dismissed. The appellant had preferred the writ petition challenging Ext.P8(a) order to the extent it rejected proposal for approving the appointment of the petitioner as Assistant Professor in Computer Science in the College managed by the 1 st respondent and for other consequential reliefs to approve his appointment as Assistant Professor in the Department of Computer Science, payment of salary and arrears etc.

(2.) Though the petitioner was appointed as Assistant Professor in Computer Science in the 1 st respondent college in a substantive vacancy, salary and other perks were not being paid to him for about 2 years. The 2 nd respondent University contended that he is not NET qualified in order to function as Assistant Professor. The learned Single Judge by the impugned judgment observed that as per Ext.P8 UGC Regulation on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards of Higher Education 2010, the qualification is prescribed under 3.3.0 to 3.3.2, which inter alia requires good academic record with 55% marks or equivalent grade at the master's level. Further it is provided that NET shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professors. However NET shall not be required for such Masters Degree Programmes in disciplines for which NET accredited test is not conducted.

(3.) University in their counter affidavit has stated that NET or Ph.D are essential qualifications for appointment of Assistant Professor in Private/Aided colleges as per UGC Regulations of 2010. Having found that the petitioner does not have the requisite qualification as per the existing regulations, the claim had been rejected.