Karnataka High Court
Nandini D/O Veerayya Math vs The University Agricultural Sciences ... on 4 September, 2024
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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WA No.200073 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
WRIT APPEAL NO.200073 OF 2023 (S-RES)
BETWEEN:
NANDINI
D/O VEERAYYA MATH,
AGE: 30 YEARS, OCC: NIL,
R/O: H.NO.7-6-282, VASAVI NAGAR,
RAICHUR - 585 104.
...APPELLANT
(BY SRI SRIRANGA SUBBANNA, SENIOR ADVOCATE FOR
Digitally signed SRI RAVINDRA REDDY, ADVOCATE)
by SWETA
KULKARNI
Location: HIGH AND:
COURT OF
KARNATAKA
1. THE UNIVERSITY AGRICULTURAL SCIENCES
RAICHUR,
THROUGH ITS REGISTRAR,
LINGASUGUR ROAD,
RAICHUR - 584 104.
2. SHETA S. METI
AGE: 26 YEARS,
R/O: H.NO.1-11-152/17-18,
SANJEEVINI NAGAR,
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WA No.200073 of 2023
RAMPUR ROAD,
R/O: RAICHUR - 584 104.
3. CHANNAPPA GURIKAR
AGE: MAJOR,
R/O: H.NO.6-2-71/16,
NEAR MANIKPRABHU TEMPLE,
MANIKPRABHU LAYOUT,
RAICHUR - 584 104.
...RESPONDENTS
(BY SRI AMARESH S. ROJA, ADVOCATE FOR R1;
SRI A.M.NAGARAL, ADVOCATE FOR R2
RESPONDENT NO.3 SERVED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, PRAYING THIS
HON'BLE COURT AFTER CALLING FOR RECORDS IN
W.P.NO.207640/2017 MAY BE PLEASED TO ALLOW ABOVE
APPEAL AND FURTHER SET ASIDE THE ORDER OF THE
LEARNED SINGLE JUDGE DATED 28.11.2022 PASSED IN
W.P.NO.207640/2017 AND TO ISSUE ORDER OR
DIRECTION DEEMED FIT TO THIS HON'BLE COURT IN THE
INTEREST OF JUSTICE AND EQUITY WITH COST.
THIS WRIT APPEAL, COMING ON FOR ADMISSION,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
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WA No.200073 of 2023
CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)
The present writ appeal is filed by the petitioner in
the writ petition calling in question the correctness of the
order dated 28.11.2022 passed in W.P.No.207640/2017,
whereby the learned Single Judge has dismissed the writ
petition filed by Ms.Nandini challenging the appointment of
a selected candidate Ms. Swetha S Meti.
2. The writ petition was filed by Ms.Nandini
claiming that the recruitment by the University of
Agricultural Sciences, Raichur was initiated for filling up of
posts, in particular, the post of Assistant Professor in
Agricultural Microbiology-(7) under the Hyderabad-
Karnataka Region Local Cadre Post. It is submitted that
the conditions prescribed included condition of having
obtained pass in National Eligibility Test (for short 'NET')
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with 50 Marks. It is further submitted that the selected
candidate respondent No.2 Ms. Swetha S Meti had secured
only 42% in NET and if that were to so, she was ineligible
to have been considered for selection under the 'General
Merit' category. It was contended that any candidate who
obtains benefit of relaxation by virtue of hailing from
'Reserved' category cannot migrate to 'General Merit'
category, but, must be confined to selection under the
'Reserved' category. A further contention was also raised
as regards selection procedure including the procedure
adopted in short-listing and interview.
3. The writ petition came to be dismissed relying
on the judgment of Co-ordinate Bench in the case of Neha
Kulkarni vs. University of Agricultural Sciences and
others in W.P.No.201486/2018 disposed off on
09.07.2019. The learned Single Judge had observed that
the reliance placed on the notification of 21.03.2017 as
regards combined examination conducted for Agricultural
Research Service (ARS) and NET for the year 2017
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imposing restriction on the migration to 'General Merit'
category is a prescription as regards obtaining certification
of NET and could not be read into the recruitment
notification of 09.01.2016.
4. The learned Single Judge had also noticed that
the petitioner had obtained 23.93 marks which was lesser
than the minimum number of 30 marks and accordingly
not being eligible, the petitioner was rightly kept out of the
selection process. The said order of learned Single Judge is
challenged in this appeal.
5. Sri. Sriranga Subbanna, learned Senior Counsel
appearing on behalf of petitioner has contended that
admittedly, the selected candidate had cleared her NET
only by virtue of grace marks on the basis of her belonging
to 'Reserved' category. Accordingly, though respondent
No.2 herein had got 42% in NET, she was declared pass
by virtue of the benefit by way of relaxation in pass mark
extended to candidates of Scheduled Tribe. It is submitted
that if that were to be so, the notification of NET issued by
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Agricultural Research Service (Preliminary) Examinations-
2015 in combination with National Eligibility Test (NET) -
2015 dated 09.10.2015 which is identical to the
notification of 21.03.2017 referred to by the learned Single
Judge, provides for a condition that any candidate who
had obtained relaxation and accordingly had cleared the
NET examination in terms of Clause 2(xiv) would be
eligible to be selected only against the reserved vacancies
of the particular category and could not be considered for
appointment against unreserved vacancy. Accordingly, it
is submitted that in light of the admitted marks of the
selected candidate in NET, respondent No.2 having cleared
NET only on the basis of benefit of relaxation of standard,
she could not have migrated to 'General Merit' category
and is to be selected only in the 'Reserved' quota.
6. Sri. Amresh S. Roja, learned counsel appearing
for the respondent No.1-University and Sri. A.M. Nagral,
learned counsel appearing for respondent No.2 have
however contended that the notification at Annexure-A
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dated 09.01.2016, in terms of Clause-19 provides for
migration of a reserved candidate into the 'General Merit'
quota by virtue of the Government Notification at
Annexure-'A' dated 20.06.1995 and if that were to so, the
question of limiting the candidate who had applied under
the 'Reserved' category from migration to 'General Merit'
category would not arise. It is further submitted that in
terms of the Notification at Annexure-'A' dated 09.01.2016
for the post of 'Assistant Professor Cadre', the prescribed
qualification was provided at Clause III(i) and beside
fulfilling the qualification prescribed, the stipulation that
the candidate must have cleared NET was an additional
condition and in light of Clause-19 which provides for
migration from 'Reserved' category to 'General Merit'
category, the restriction as contended by the petitioner of
confining the claim of petitioner for selection only to
'Reserved' category is not to be accepted.
7. Learned Senior Counsel appearing on behalf the
petitioner has relied on the judgment of Apex Court in the
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case of Govt. of NCT Delhi and Others vs. Pradeep
Kumar and others1 (Pradeep Kumar) and contended
that the Apex Court has clearly held that a person who
had obtained qualification by virtue of relaxation of pass
marks under CTET could not be considered for
appointment to a post under 'General Merit' category.
8. As regards such contention, learned counsel for
the respondents would contend that the facts of that case
are different and the law cannot be applied in the present
factual matrix in light of the stipulation under the
notification at Annexure-A dated 09.01.2016.
9. Insofar as the other contention relating to locus
standi raised by the respondents stating that the petitioner
had obtained 23.93 marks out of 100 marks and was
declared as not eligible and once she had not challenged
her declaration as being not eligible, the petitioner could
not have sought to assail the selection of respondent
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No.2; the same was sought to be opposed by placing
reliance on the judgment in the case of K. Shekar vs. V.
Indiramma and others2 ('K. Shekar).
10. It is contended by the learned Senior Counsel
that when lack of merit of the selected candidate was such
that it would go the root of recruitment process, the Court
would intervene to eliminate such candidate from the
selection process and accordingly, irrespective of the
eligibility of petitioner, the matter has to be considered.
11. Heard both sides.
12. It must be noticed that the notification at
Annexure-'A' dated 09.01.2016 provides for the criteria to
be taken note of for the purpose of selection. Insofar as
the post of 'Assistant Professor Cadre', the qualification is
provided at Clause-III(i) to (vi). Apart from providing the
requirement of 55% marks or its equivalent at the
Master's Degree level various other qualifications are also
AIR 2002 SC 1230
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prescribed. It is provided that apart from having minimum
qualifying marks, the candidate must have cleared NET.
The notification further provides at Clause-10 for
relaxation of marks and Clause-11 provides for minimum
marks and Clause-19 provides for roster which was to be
in accordance with the orders of Government of
Karnataka.
13. The learned Single Judge has observed that the
notification dated 09.10.2015 relied upon by the petitioner
relating to Agricultural Research Service (Preliminary)
Examination in combination with NET-2015 cannot be read
into the notification at Annexure-'A' dated 09.01.2016.
It must be noticed that, if the notification dated
09.10.2015 pertaining to relaxation of marks in NET were
to be accepted as imposing restriction as regards eligibility
to migrate to 'General Merit' category, then the same
appears to be inconsistent with Clause-19 of Annexure-'A'
dated 09.01.2016. Clause-19 is extracted hereinbelow:-
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"19. The roster prescribed for the posts
notified herewith is in accordance with the following
Karnataka State Government Orders (a) No.
SiAaSul:21:SaHiMa:90, Bangalore, dated
16.11.1995 (b) No.SiAaSul:08:SaHiMa:95,
Bangalore, dated 20.6.1995 (c) No.SiAaSul:
42:SeNeNi:2001, Bangalore, dated 23.07.2001 (d)
No.SiAaSul:97:SeNeNi: 2002, Bangalore, dated
22.11.2002 (e) No.DPAR 50 SRR 2000, dated
3.9.2005 (f) SiAaSul: 107:SeNeNi:2005, dated
5.9.2005 and as amended from time to time.
Further, reservation for persons belonging to
Hyderabad-Karnataka Region is provided as per
GOK notification dated 29.1.2014."
14. The qualification for the post of 'Assistant
Professor Cadre' as per the recruitment notification is as
follows:-
"III. ASSISTANT PROFESSOR CADRE:-
i. Good academic record with at least 55% marks
or its equivalent at the Master's Degree level in a
relevant subject from a recognized University.
ii. NET is compulsory along with one publication in
NAAS (National Academy of Agricultural Sciences,
New Delhi) rated refereed journal for recruitment
to the post of Assistant Professor and equivalent
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in the disciplines in which NET is conducted.
Essentiality or NET can be waived-off for the
candidates holding Ph.D. degree provided it has
been done with course work as prescribed by the
UGC Regulations 2009, and the candidate has at
least two full length papers in journals having a
NAAS rating not less than 4 or a minimum of 4
full length papers in NAAS rated SAU journals, as
on the last date of submission of application.
Those candidates with Ph.D. degree without
course work will not qualify of NET exemption.
iii. For the post of Assistant Professor in the
discipline of Physical Education/Library
Science/Physics/Bio-Chemistry/Computer
Science/Statistics/Mathematics are exempted
from getting Ph.D. with course work.
iv. Besides fulfilling the above qualifications, the
candidate must have cleared the National
Eligibility Test (NET) conducted by the UGC,
CSIR, ICAR or similar test accredited by the UGC
like SLET/SET.
v. NET/SLET/SET shall not be required for such
Masters Programmes in disciplines for which
NET/SLET/SET is not conducted.
vi. Candidate should not be above 50 years of age."
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15. It is to be noticed that the qualification for the
post of 'Assistant Professor Cadre' is good academic record
with atleast 55% marks or its equivalent at the Master's
Degree level. The clearing of NET is also stipulated as a
mandatory requirement and accordingly, while NET does
not constitute the 'qualification marks', it could be stated
that passing in NET though independent of the qualifying
marks is a requisite.
16. Reference is made to the notification by the
Agricultural Scientists Recruitment Board, which
notification is titled as "Agricultural Research Service
(Preliminary) Examination-2015 in combination with
National Eligibility Test (NET)-2015" and in specific to
Clause-13(xiii), which provides that a candidate qualifying
after getting relaxation is to be considered only against
'Reserved' vacancies of the particular category.
17. Under the caption of 'Instructions' at point
Nos.10 and 11 of the recruitment notification, there are
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stipulations regarding relaxation of marks, which reads as
follows:-
"10. Relaxation of 5% marks at Master's level &
5% of marks at Graduate level is provided to the
SC/ST category, Physically & Visually handicapped
persons for appointment to various posts of
Teachers in UAS, Raichur.
11. Minimum marks prescribed for placing in the
selection panel for Professor is 50, Associate
Professor is 40 and Assistant Professor cadre is 30
marks with relaxation of 5 marks for SC & ST."
18. Accordingly, it is clear that there is relaxation of
5% marks at the Master's level and 5% of marks at the
Graduate level provided to SC and ST category.
19. It is also of relevance to note that at Clause-19,
reference is made to the roster for the posts in accordance
with the Government Orders. In terms of the Government
Order of 20.06.1995 at Annexure-II which Government
Order is referred to at Clause-19, that there is a provision
for a candidate who has applied under 'Reserved' category
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to migrate to 'General Merit' category in case merit is
established.
20. A holistic reading of the recruitment notification
at Annexure-'A' dated 09.01.2016 would no doubt indicate
that passing in NET is a mandatory requirement. Though
in the present case the selected candidate has obtained
the benefit of passing NET with the benefit of relaxation,
however, it must be noticed in terms of the score card, the
said candidate is placed higher in the merit list and has
been successful in having marks sufficient for selection
even under the 'General Merit' list. The respondent No.2
has not obtained any relaxation as regards qualifying
marks in her Master's Degree. If the respondent No.2 has
not received benefit of relaxation in the qualifying marks
and in terms of Clause-19 of the recruitment notification at
Annexure-'A' dated 09.01.2016 is permitted to migrate to
'General Merit' category upon own merit, the only way of
holistically interpreting conditions at Clause III(ii), and
Clause-19 extracted hereinabove would be to give primacy
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to Clause-19 and to permit the petitioner to migrate to the
category of 'General Merit'. The notification referred to
regarding NET cannot be read into to be a part of
recruitment notification and thereby prohibiting
respondent No.2 to migrate to 'General Merit' category by
virtue of obtaining benefit of relaxation while clearing the
NET. This would defeat the option of migrating to 'General
Merit' on 'Reserved' category specifically provided under
Clause-19.
21. Though the learned Senior Counsel appearing
on behalf of the petitioner submits that the notification of
20.06.1995 relied upon by the respondents is as regards
only roster and cannot be extended beyond it, however,
we are of the view that under Clause-19 of Annexure-'A'
provides the working of the roster to be in accordance with
the Government Notification dated 20.06.1995. In terms
of the said notification referred to in Clause-19 of the
recruitment notification, it is permissible for a candidate
who has applied under the 'Reserved' category to migrate
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to 'General Merit' category. If this were to be so, we
cannot restrict right of a candidate to migrate from
'Reserved' category to 'General Merit' category as provided
for by Government Notification of the State of Karnataka
referred to in Clause-19 of the recruitment notification by
reference to the clearing of NET. The NET eligibility is
apart from the minimum qualification. If that were to be
so, the only manner of reading the notification at
Annexure-A would be by giving primacy to Clause 19.
Further, the passing of NET is only prescribed. The
consequence of clearing NET with relaxation is not
envisaged in the recruitment notification specifically.
22. It must be noticed that the judgment in
Pradeep Kumar (supra) lays down the principle that
those who had obtained the CTET eligibility because of
relaxation benefits as 'OBC' category examinees cannot be
permitted to migrate to 'General Merit' category.
However, in the present case, the recruitment notification
has a specific Clause i.e. Clause-19 which refers to
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Government Order that provides for migration from
'Reserved' category to 'General Merit' category and in light
of such prescription in the recruitment notification which is
a distinguishing factor.
23. It is also to be noticed that the petitioner's
application has been declared to be 'not eligible' in terms
of the score card. This declaration of ineligibility of the
petitioner's claim not having been challenged, she is out of
the zone of consideration.
24. We find that the petitioner has not challenged
her ineligibility by way of specific relief and in the absence
of which, her right to contest and challenge to the
selection of candidate also is not tenable.
25. Reliance is placed by the petitioner on the
judgment in K. Shekar (supra) However, the facts in
which the locus standi to challenge by an ineligible
candidate was overlooked, was in a entirely different
factual matrix. In K. Shekar (supra), the Apex Court
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was dealing with a case where an applicant was appointed
to the post of 'lecturer in Psychiatric Social Work' which
was not advertised and the candidate had also applied
only for the post of 'Assistant Professor'. It is in light of
such flagrant violation of selection norms that locus standi
was overlooked. The present case is on a different factual
matrix where Clause-19 allows for migration from
'Reserved' to 'General Merit' category. In light of the
same, the locus standi of the petitioner also assumes
significance and cannot be overlooked.
26. We are also in agreement with the reasons
assigned by the learned Single Judge on other aspects
including as regards notification of combined examination
conducted for the Agricultural Research Service along with
NET for the year 2017 cannot be read into the recruitment
notification. Even otherwise, the restriction as regards
those qualified under NET with relaxed marks cannot have
the effect of whittling down the right under the
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recruitment notification which provides for migration from
'Reserve' category to 'General Merit' category.
27. In light of the above, we find no reason to
interfere with the order of the learned Single Judge dated
28.11.2022 passed in W.P.No.207640/2017 and
accordingly, the petition is rejected.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
VP/VGR
