Karnataka High Court
Gurunath Jadhav S/O Khemu vs The Commissioner Collegiate Education ... on 21 February, 2024
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WP No. 206064 of 2015
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 206064 OF 2015 (S-RES)
BETWEEN:
GURUNATH JADHAV S/O KHEMU
AGED : 35 YEARS, OCC: NIL
R/O. GOBBUR-B WADI TANDA,
POST: GOBBUR-B
TQ: AFZALPUR
DIST: KALABURAGI-585265
...PETITIONER
(BY SRI. SHIVAKUMAR KALLOOR, ADVOCATE)
AND:
Digitally signed 1. THE COMMISSIONER
by COLLEGIATE EDUCATION DEPARTMENT
KHAJAAMEEN
L MALAGHAN KALABURAGI- 585 102.
Location: High
Court of 2. THE REGIONAL JOINT DIRECTOR
Karnataka
COLLEGIATE EDUCATION
DEPARTMENT KALABURAGI-585102.
3. THE JOINT DIRECTOR
COLLEGIATE EDUCATION
KALABURAGI-585102.
4. THE PRESIDENT
HKE SOCIETY, SAC BUILDING
PDA ENGINEERING COLLEGE, CAMPUS,
KALABURAGI-585102.
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WP No. 206064 of 2015
5. THE ADMINISTRATOR
HKE SOCIETY, SAC BUILDING,
PDA ENGINEERING COLLEGE, CAMPUS,
KALABURAGI-585101.
...RESPONDENTS
(BY SRI. RAJKUMAR A. KORWAR, HCGP FOR R1 TO R3;
SRI. AMRESH S. ROJA, ADV. FOR R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR RECORDS AND i) ISSUE A WRIT OF CERTIORARI
QUASHING IMPUGNED ORDER ANNEXURE-H DATED
27.06.2015 PASSED BY THE RESPONDENT NO.1 IN
NO.PÁ²E/1918/¨ÁåºÀĨsÀ/UÀÄ«/2014-15/£ÉÃ¥Á«-2 AND ALSO
IMPUGNED ORDER ANNEXURE-J DATED 20.07.2015 PASSED
BY RESPONDENT No.2 IN No.
PÁ²E/¥ÁæPÀUÀÄ/1264/¨ÁåPÀ ÁUï/5/2011-12/1416 AND DIRECT THE
RESPONDENTS TO APPOINT PETITIONER AS ASST. PROFESSOR
FOR BOTANY IN RESPONDENT No. 4 AND 5 RESPONDENT'S
INSTITUTION. ii) ISSUE A WRIT OF MANDAMUS DIRECTING
RESPONDENTS TO APPOINT THE PETITIONER AS ASSISTANT
PROFESSOR OF BOTANY IN THE INSTITUTION OF RESPONDENT
No.4 AND 5 AND PAY ALL BENEFITS, AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 206064 of 2015
ORDER
The writ petitioner is before this Court seeking the
following reliefs:
i) Issue a writ of certiorari quashing
impugned order Annexure H dated
27.06.2015 passed by the respondent No.1
in No: PÁ²E/198/¨ÁåºÀĨs/À UÀÄ«/2014-15/£ÉÃ¥Á«-2
and also impugned order Annexure-J dated
20.07.2015 passed by respondent No.2 in
No. PÁ²E/¥ÁæPU
À ÀÄ/1264/¨ÁåPÀ¯ÁUï/5/2011-12/1416 and
direct the respondents to appoint petitioner
as Asst. Professor for Botany in Respondent
No:4 and 5 Respondent's Institution.
ii) Issue a writ of mandamus directing
respondents to appoint the petitioner as
Assistant Professor of Bombay in the
Institution of Respondent No:4 and 5 and
pay all benefits, in ends of justice and
equity.
iii) Issue any writ order or direction as this
Hon'ble Court deems fit in circumstances of
the case, in ends of justice and equity.
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2. It is the case of the writ petitioner that he has
acquired the qualification of Ph.D in Botany on
28.05.2009. Respondents have issued a notification dated
28.08.2013 for the post of Assistant Professor in Botany
along with other courses. The minimum eligibility criteria
is 55% of marks and the maximum age should not be
more than 40 years and he should possess Ph.D,
NET/SLET.
3. It is the case of the writ petitioner that he
belongs to SC category and physically handicapped person
and he passed M.Sc. in First Class in 2003 from Gulbarga
University Gulbarga. While he was doing Ph.D as there
was no course work certificate could not be issued.
Thereafter certificate was issued on 16.10.2014 by the
Gulbarga University stating that the petitioner is awarded
doctorate in Ph.D in May 2009 in Botany and she is not
required to undergo course work to be eligible for
lectureship and he is being exempted for course work.
Petitioner being an eligible person has applied to the post
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on 07.09.2013 along with all the documents. The
Management has selected the petitioner and sent the list
to the Joint Director and also Regional Director for
approval. After receiving the intimation from the
Management, the respondent No.2 and 3 sent the same to
the Commissioner by letter dated 16.08.2014 along with
the list of selected candidates. To the surprise of the
petitioner, the order impugned dated 27.06.2015 came to
be passed rejecting the claim of the petitioner on the
ground that he has not done the course work and he do
not possess NET/SLET as per the judgment of the Hon'ble
Apex Court.
4. Learned counsel for the petitioner submits that
the order impugned passed by the respondents is without
looking at the relevant material placed before them. He
submits that when the Gulbarga University itself issued a
certificate that the petitioner is exempted from the Course
work question of not completing the course work by the
petitioner would not arise. It is submitted that as per the
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UGC guidelines issued on 13.06.2010 thereby the persons
who have completed Ph.D. before 2009 are exempted
from qualifying NET/SLET/SET. It is submitted that the
various High Courts have considered the case of applicants
in the light of the Regulations by dispensing the
requirement of NET.
5. Learned counsel for the petitioner has filed the
memo along with the notification issued by the UGC and
further submits that the UGC had issued a press
information under the caption of 'INITIATIVES OF THE
UGC' dated 12.04.2016, wherein clause-(1)(iii) deals with
the candidates who have registered for the M.Phil, Ph.D
program prior to July'2009 shall be governed by the
existing ordinance and they shall be exempted from the
requirement of minimum eligibility condition of National
Eligibility Test / State Level Eligibility Test / State Eligibility
Test for recruitment and appointment of Assistant
Professor or equivalent positions in Universities / Colleges
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/ Institutions subject to the fulfilment of the following
conditions:
(a) Ph.D degree of a candidate awarded in
regular mode only;
(b) Evaluation of the Ph.D thesis by atleast two
external examiners;
(c) Open Ph.D viva voice of the candidate had
been conducted;
(d) Candidate has two research publications
from his / her Ph.D work out of which atleast one
must be in a referred journal;
(e) Candidate has made atleast two
presentations in conferences / seminars, based
on his / her Ph.D work;
(a) to (e) to be certified by the Vice-Chancellor /
Pro-Vice-Chancellor/Dean (Academic Affairs) /
Dean (University Instructions)"
6. Learned counsel submits that the petitioner has
completed his Ph.D in 2009 as such, acquiring the
qualification of NET/SLET/ SET will not arise in the case of
the petitioner. It is submitted that thereafter UGC has
issued the public notice on 06.07.2023 stating that as per
the Amended General Condition, Clause No.3(x), Ph.D is a
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mandatory requirement from 01.07.2023. The detailed
eligibility criteria given under various disciplines are not
amended and it is clearly mentioned that NET/SLET/ SET
is the minimum requirement for the direct recruitment of
the Assistant Professor for those who do not have a Ph.D
degree, learned counsel submits that by virtue of this
public notice given they have dispensed with the
requirement of the tests to the candidates who have done
the Ph.D irrespective of whether they have completed
Ph.D before or after 2009.
7. Learned High Court Government Pleader,
Sri.Rajkumar A. Korwar appearing for the Government
submits that the writ petitioner has an effective
alternative remedy of approaching the appellate authority
as per Section 130 of the Act. As per the judgment of this
Court, in case of STATE OF KARNATAKA vs B. R
CHOWDAPPA1 an employee of private educational
institution cannot invoke the writ jurisdiction of High Court
ILR 2000 Kar. 4045
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by filing writ petition under Article 226 and 227 of the
Constitution of India. It is submitted that the writ petition
itself is not maintainable. Alternatively is submitted that
as per the judgment of the Hon'ble Apex Court in case of
P.SUSHEELA AND OTHERS. V/S UNIVERSITY
GRANTS COMMISSION AND OTHERS2, the eligibility
criteria of NET/SLET/SET was held to be correct and the
Hon'ble Apex Court has upheld the said Regulation and
also held that there is no vested right on the part of the
applicants. The petitions filed by the applicants
questioning the regulation issued by the UGC whereby
acquiring the qualification of NET/SLET was held to be
valid and all the appeals were dismissed. He submits that
in the light the said order, they have rejected the case of
the writ petitioner. It is submitted that there is no
illegality with the impugned order passed by the
respondents.
SLP (CIVIL) Nos.36023-36032 /2010
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8. Mr. Rajkumar A. Korwar, learned HCGP, further
submits that the petitioner is relying on the notification
issued by UGC dated 12.04.2016 as per the same there is
an exemption to the candidate who has acquired Ph.D
degree before July'2009, once he fulfils six conditions. He
submits that unless and until the said conditions are
fulfilled by the petitioner his case cannot be considered.
Hence he is not entitled for any relief from this Court.
9. The learned counsel appearing for the 3rd
respondent-Society submits as the petitioner was qualified
and eligible they have selected the petitioner and they
have forwarded the case of the petitioner to the official
respondents.
10. Having heard the learned counsels on either
side, perused the material on record. The whole dispute
revolves around the fact whether the writ petitioner who
has obtained the Ph.D on 28.05.2019, should also possess
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the qualification of NET/SLET/ SET course. The notification
for filing up the posts was issued on 28.08.2013. As per
the notification the petitioner, who is a M.A., Ph.D. in
Botany has applied for the post of Assistant Professor
(Botany). There is no dispute about the fact that the
petitioner has acquired M.A., Ph.D., now the case of the
petitioner is rejected on the ground that he do not possess
NET/SLET and also he has not completed the course work.
As far as the course work is concerned, the Gulbarga
University has issued a certificate dated 16.10.2014
stating that the petitioner has been awarded the degree of
Doctor of Philosophy in May'2009 in Botany, in accordance
with the Regulations of the University governing Ph.D vide
notification dated 22.09.1997. As such, he is not required
to undergo course work to be eligible for lectureship and
he is exempted from course work. According to the
petitioner even as per the UGC Regulation of 2009,
NET/SLET is the minimum eligible condition. However, the
candidates who have been awarded Ph.D degree in
compliance with the University Grants Commission shall be
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exempted from the requirement of minimum eligible
condition of NET/SLET. By Resolution dated 10.08.2010
and 27.09.2010 the UGC opined that since the regulations
are prospective in nature all candidates having M.Phil
degree on or before 10.07.2009 and all persons who
obtained Ph.D degree on or before 31.12.2009 and had
registered themselves for Ph.D before the date but are
awarded such degree on a subsequent date shall remain
exempted from the requirement of NET/SLET/ for the
purpose of appointment of Lecturer / Assistant Professor.
11. The Hon'ble Apex Court in the case of
P.SUSHEELA AND OTHERS VS. UGC AND OTHERS,
dated 03.16.2014, referred to supra had dismissed series
of writ petition filed by the applicant questioning the
regulations where NET/SLET which were made compulsory
and sought the prayer that it is prospective but not
retrospective. The respondent referring to the said
judgment have rejected the case on the ground that
NET/SLET petitioner is not having and that course work is
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not completed. The writ petitioner by way of a memo has
placed before this Court the initiatives of the UGC dated
12.04.2016 and also the public notice dated 06.07.2023.
He has also relied on the judgment of Hon'ble Apex Court
in the case of STATE OF MADHYA PRADESH AND
OTHERS VS. MANOJ SHARMA AND OTHERS dated
25.01.2018 where the judgment of Susheela's case was
discussed and it is observed that that NET qualification is a
now a minimum qualification for appointment of a lecture
and exemption granted to Mphil degree holders have been
withdrawn and exemption is allowed only to those Ph.D
degree holders who have obtained the Ph.D degree in
accordance with Level - 7, 2009 Regulation namely,
Regulation 2009 of UGC (Minimum Standard and
Procedure). Basing on this the learned counsel submits
that the petitioner had obtained degree in accordance with
the 2007 regulations as such that exemption he is entitled
for. This court looking into the judgment of Hon'ble Apex
Court referred to supra and the UGC initiatives dated
20.10.2016 is of the opinion that if the petitioner fulfills
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the conditions as per the 11.07.2009 regulation will be
entitled for exemption from NET/SLET.
12. As per the latest public notification dated
06.07.2023 now for the candidates who have a Ph.D the
NET/SLET/ SET is exempted and for the other candidates it
is compulsory. In that view of the matter this Court deems
it appropriate to set aside the endorsement at Annexure H
dated 27.06.2015 passed by the respondent No.1 in No:
PÁ²E/198/¨ÁåºÀĨs/À UÀÄ«/2014-15/£ÉÃ¥Á«-2 and also impugned order
Annexure-J dated 20.07.2015 passed by respondent No.2
in No. PÁ²E/¥ÁæPU
À ÀÄ/1264/¨ÁåPÀ¯ÁUï/5/2011-12/1416 and the
respondents are directed to consider the case of the
petitioner provided he fulfills the six requirements as
stated below:
(a) Ph.D degree of a candidate awarded in regular
mode only;
(b) Evaluation of the Ph.D thesis by atleast two
external examiners;
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(c) Open Ph.D viva voice of the candidate had
been conducted;
(d) Candidate has two research publications
from his / her Ph.D work out of which atleast one
must be in a referred journal;
(e) Candidate has made atleast two
presentations in conferences / seminars, based
on his / her Ph.D work;
(a) to (e) to be certified by the Vice-Chancellor /
Pro-Vice-Chancellor/Dean (Academic Affairs) /
Dean (University Instructions)"
As far as course work is concerned already university
has issued a certificate the respondents shall not insist for
the same.
13. This is a writ petition of 2017. Whole exercise
shall be completed within a period of four weeks from the
date of receipt of a copy of the order. Accordingly the writ
petition is disposed of.
Sd/-
JUDGE
SMP
