Kerala High Court
Nisha R vs State Of Kerala on 4 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
WP(C).No.13488 OF 2020(I)
PETITIONER:
NISHA R.,
AGED 40 YEARS,
W/O.SHANIL.S., THODIYIL VEEDU, THRIVENI JUNCTION,
VALATHUNGAL.P.O., THATTAMALA, KOLLAM-691018.
BY ADV. SRI.LIJU.V.STEPHEN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
HIGHER EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695001.
2 DIRECTOR OF COLLEGIATE EDUCATION,
NEAR FIRE STATION, PALACE ROAD, VAYASKKARAKUNNU,
VAYASKKARA, KOTTAYAM-686001.
3 UNIVERSITY OF KERALA,
REPRESENTED BY ITS REGISTRAR, PALAYAM,
THIRUVANANTHAPURAM-695034.
4 THE VICE CHANCELLOR,
UNIVERSITY OF KERALA, PALAYAM,
THIRUVANANTHAPURAM-695034.
5 THE UNIVERSITY GRANTS COMMISSION (UGC),
BAHADUR SHAH ZAFAR MARGE,NEW DELHI-110002,
REPRESENTED BY ITS SECRETARY.
6 TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY,
NANTHANCODE, THIRUVANANTHAPURAM-695034.
7 SREE AYYAPPA COLLEGE, ERAMALLIKKARA,
CHENGANNUR-689109, REPRESENTED BY ITS PRINCIPAL.
8 SREELAKSHMI.A.N.,
AGED 30 YEARS, D/O.S.NASIM, VADASSERIL,
PURAMATTOM.P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT-689543.
WP(C).No.13488 OF 2020 -2-
(ASSISTANT PROFESSOR, DEPARTMENT OF COMPUTER
SCIENCE, SREE AYYAPPA COLLEGE, ERAMALLIKARA,
CHENGANNUR).
9 DR. SREERAJ M.
DR.SREERAJ.M, AGED 38 YEARS, S/O.MADHAVANKUTTY.K.,
RESIDING AT SREEMADHAVAM, AMBALAPUZHA P.O.,
AMBALAPUZHA, ALAPPUZHA DISTRICT, PIN-688 561.
IS IMPEADED AS PER ORDER DATED 21-08-20 IN IA
1/2020 INWP(C)
R3-4 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
KERALA
R5 BY SRI.S.KRISHNAMOORTHY, CGC
R6-7 BY SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
R8 BY ADV. SRI.K.JAJU BABU (SR.)
R8 BY ADV. SMT.M.U.VIJAYALAKSHMI
R9 BY ADV. KALEESWARAM RAJ
OTHER PRESENT:
GP SRI B HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-
02-2021, THE COURT ON 04-03-2021 DELIVERED THE FOLLOWING:
WP(C).No.13488 OF 2020 -3-
JUDGMENT
Dated this the 4th day of March 2021
The order Ext.P6 issued by the 6 th respondent
appointing the 8th respondent as Assistant Professor in
Computer Science in the 7th respondent college, has been
challenged on various grounds in the present writ
petition, with further prayer for issuance of direction to
conduct fresh appointment to the post of Assistant
Professor in the 7th respondent College as per the
minimum qualification prescribed by the University
Grants Commission Regulations, 2010.
2. The facts leading to file the present writ
petition are as follows: Travancore Devaswom Board, 6 th
respondent, is a Corporate Educational Agency having
many educational institutions including the 7 th
respondent i.e., Sree Ayyappa College, Eramallikkara,
Chengannur. On 03.03.2016, 6th respondent issued
notification inviting applications, Ext.P1, for filling up the
post of Assistant Professor for various subjects in the
colleges under them. It was specifically stated that the
qualification shall be as per the rules and regularisations
of UGC/University /Government.
3. Petitioner is a post graduate in M.Sc. Computer
Science and passed National Eligibility Test (NET)
conducted by the University Grants Commission (UGC) as
per the certificate Ext.P3. Having requisite qualifications
petitioner submitted an application for the
aforementioned post and on receipt of the communication
attended interview on 20.03.2019. 6 th respondent
published a rank list of candidates dated 29.05.2019,
Ext.P5, for appointment of Assistant Professor in
Computer Science in the 7th respondent College and to
utter dismay, 8th respondent stood as second in the rank
list despite the fact that did not have requisite
qualification prescribed under the UGC Regularisations,
2010, appointment order Ext.P6 dated 03.06.2019 was
issued in her favour and vide order dated 15.05.2020,
Ext.P7, the University of Kerala, 3rd respondent granted
it's approval. Aggrieved of such appointment petitioner
made representation, which was forwarded to 4 th
respondent vide letter dated 10.02.2020, but of no avail.
4. Mr.Liju V. Stephen, learned counsel appearing
on behalf of the petitioner submitted that the minimum
qualification prescribed for the post of Assistant
Professors in Arts and Science Colleges is provided
under Regulation 4.4.1 of the UGC Regulations on
'Minimum Qualification of Teachers and other Academic
Staff in Universities and Colleges and measures for
maintenance of Standard in Higher Education, 2010'. The
only exemption is, in the absence of NET, a candidate
must have Ph.D. which the 8th respondent do not possess.
It is not in dispute that UGC had not been conducting
NET examinations for Computer Science. UGC
Regulations on 'Minimum Qualification of Teachers and
other Academic Staff in Universities and Colleges and
measures for Maintenance of Standard in Higher
Education, 2010' had been issued under Section 26(g) of
the UGC Act for the purpose of ensuring uniformity and
quality in higher education throughout India.
5. All Universities are bound to comply with the
regulations ibid in the absence of which selection of 8th
respondent is liable to be set aside. Regulation (2) of
2010 Regulations makes it mandatory that no person
should be appointed to a teaching post in a University or
in any institutions including constituent or affiliated
colleges if he/she does not fulfil the requirements, as
provided.
6. The Minutes of meeting, Ext.P13, placed on
record vide application I.A.No.3 of 2020 along with
Ext.P12 information received under Right To Information
Act (RTI) fortifies the contention that the selection
committee rejected twenty four(24) applications for want
of minimum qualifications i.e., pass in the NET or Ph.D.
in the subject. Information under the RTI provided by the
University of Kerala for the post of Assistant Professor in
Computer Science was as under:
"I) Masters Degree in Computer Science/Master
of Technology(M.Tech.) in Computer Science or
equivalent grade in a point scale where ever
grading system is followed.
II) Must have cleared National Eligibility
Test(NET) conducted by the UGC or similar test
accredited by the UGC like SLET/SET in Computer
Science.
III) Non-withstanding anything contained in
clause (i) and (ii) candidate who have been
awarded a Ph.D. Degree in Computer Science in
accordance with the UGC Regulation, 2009, shall
be exempted from requirement of the eligibility
condition of NET/SLET/SET."
7. Even the Academic Council of University of
Kerala vide decision dated 16.11.2017 prescribed the
qualification for appointment of Assistant Professor/
Associate Professor/Professor in the Department of
Computer Science fixing the same qualification as
prescribed under UGC Regulations, 2010. As per the
Kerala Gazette published on 22.08.2000, the Academic
Council in its meeting held on 26.5.1999 also made an
amendment relating to qualification of teachers in
respect of Computer Science/Electronics as under:
KERALA GAZETTE
PUBLISHED BY AUTHORITY
Vol.XLV Thiruvananthapuram Tuesday 22nd August 2000 No.34
PART III
NOTIFICATION (d) M.Sc, Computer
(1) Science/MCA
No.Acad.L/19134/R/TQ/2000 1st Computer Science
July 2000 with a minimum of
The Academic Council of its 55% marks.
meeting held on 26.05.1999 has OR
made the following amendment (e)M.Sc.Mathematic
held on the Regulations relating s or Physics or
to Qualifications of Teachers Statistics with a
Minimum qualifications for minimum of 55%
appointment of Teachers in marks and Ph.D in
Computers Science/Electronics Computer Science.
in Affiliated Colleges. Note-(i) Candidates
Amendment No.118 under category (a),
That in the regulations relating (b) and (c) will be
to Qualifications of Teachers the governed by AICTE
following be added as 'D' under norms and will be
4---Lecturers (A,B and C) in Part- governed by AICTE
III-Teachers of Non-Professional norms and will be
Colleges affiliated to the eligible for
University. promotion only after
D-Computer Science Electronics acquiring Master's
i.e. Lecturer in Computer Degree
Science (ii) Candidates
(a) First Class, B.E./B Tech, in under category (d)
Computer Science/Computer and should have
Engineering passed MET/SET in
OR computer
(b) First Class B.E./B.Tech in Applications/Compu
Electronics/Electrical and ter Science.
Electronics Engineering with one
year's teaching/R&D experience in (iii) At least 50%
computer Application in teachers for the
Universities/Colleges/Government/ Course in Computer
Public Sector Organisations. Science should have
their first degree in
OR Engineering.
(c)M.Tech, Computer Science with a 2. Lecturers in
minimum Electronics
OR (a) First class
(d) M.Sc.Physics with specialisation B.E./B.Tech.in
in Electronics/Applied Electronics Electronics/
with 55% marks and either 2 years Electronics
teaching/R%D experience in Communication/
Electronics in Universities Applied Electronics
Colleges/Government /Public Sector and Instrumentation
Organisations or a Ph.D in OR
Electronics. (b)
Note:- (i) Candidates under category M.Tech(Electronics)
(a) and (b) will be governed by passed with 55%
AICTE norms and will be eligible for marks.
promotion only after acquiring OR
Master's Degree. (c) M.Sc.(Electronics)
(ii) Candidates under (c) and (d) with a minimum of
should have passed NET/SET in 55% marks.
their relevant subject of
specialisation.
(iii) At least 50% of teachers for the
course in Electronics should have
their first degree in Engineering.
The above amendment to the
Regulation was laid before the
Senate meeting held on 24th and 25th
march 2000 as a massage under
section 39(1) of Kerala University
Act 1974
8. On the contrary learned counsel representing
respondent Nos.3 and 4 University submitted that the
UGC Regulations is not a stumbling block on the M.Tech
degrees awarded under the Faculty of Engineering and
Technology following Regulations of AICTE considered in
the appointment of teachers to Arts and Science Colleges.
NET can be insisted only for those who acquired the Post
Graduate degree in Computer Science (M.Sc./MCA/
M.Tech), for which the admission criteria does not
prescribe a B.Tech degree under Faculty of Engineering
and Technology as mandatory. These degrees are not
under the governance of AICTE but awarded by various
Universities including IITs under the Faculty of Applied
Sciences. UGC Regulations do not call for NET/SET/SLET
examination in a discipline which are not available and
AICTE is not conducting any equivalent test for M.Tech
degree holders.
9. Learned Senior Counsel appearing on behalf of
respondent No.8 submitted that the qualification
prescribed for appointment of a teacher in Computer
Science/Electronics courses in affiliated Colleges offering
B.Sc. Computer Science were ordered by the University
of Kerala as per order dated 21.12.1996. Later in 2000,
University amended qualifications and incorporated it as
a part of the Statutes. The Regulation relating to the
qualification of teachers were amended vide Amendment
No.118 in the Regulation and notified in the Gazette,
Notification dated 1.7.2000, Ext.R8(a). As per
aforementioned amendment caused in the Gazette
notification under the head of Computer Sciences/
Electronics, Lecture in Computer Science would be
essential.
(a) First class B.E/B.Tech in Computer
Science/Computer Engineering OR
(b) First class B.E./B.Tech in Electronics/Electrical
and Electronics Engineering with one year
teaching/R&D experience in Computer
Science/Computer Engineering/Computer
Application in Universities/Colleges/Govt./Public
Sector Organizations OR
(c) M.Tech Computer Science with a minimum of
55% marks OR
(d) M.Sc.Computer Science/MCA Computer Science
with a minimum of 55% marks OR
(e) M.Sc.Mathematics or Physics or Statistics with a
minimum of 55% marks and Ph.D. in Computer
Science.
10. A note appended under the amendment
indicates that candidates falling under the category (a),(b)
and (c) would be governed by AICTE norms and will be
eligible for promotion only after acquiring Master
Degrees whereas in category (d) & (e) should have passed
NET/SET. University of Kerala had for the first time
introduced two engineering subjects in Arts and Science
Colleges. Subjects like Computer Science and
Electronics neither comes under the Faculty of Science
nor Faculty of Engineering & Technology, thus, it was
included in the Faculty of Applied Sciences and
technology as evident from notification dated 03.02.2020,
Ext.R8(b). It clearly shows that the Computer Science
course is under the faculty of Applied Science and
Technology. 8th respondent is holder of the B.Tech degree
and M.Tech degree. All India Council for Technical
Education 'Pay Scales, Service Conditions and
Qualifications for the Teachers and other Academic Staff
in Technical Institutions (DIGREE) came out with
Regulations, 2010 for any programme Engineering
Technology for the cadre of Assistant Professor, and
qualification prescribed is B.E/B.Tech and M.E./M.Tech.
in the relevant branch with First Class or equivalent
either in B.E./B.Tech or M.E./M.Tech. Clause 4.4.0 deals
with the Assistant Professor in Arts, Humanities, Sciences
and Social Sciences, Commerce, Education, languages,
Law, Journalism and Mass Communication; the
qualification prescribed is good academic record by the
concerned University with at least 55% marks or an
equivalent degree at the Master's Degree level in a
relevant subject, besides, must have cleared NET
conducted by UGC. But exemption qua NET was granted
to the candidates holding Ph.D. Degree. As per clause
4.4.6.1 of the UGC Regulations, 2010 'Minimum
Qualifications for Appointment of Teaching Faculty in
Universities and Colleges - Engineering and Technology
Discipline for the post of Assistant Professor is First Class
Master's Degree in the appropriate branch of
Engineering (Engg.) & Technology (Tech).
11. Learned Standing Counsel representing 6th and
7th respondents adopted contentions of Mr.Jijo George as
per the counter affidavit dated 09.02.2021 but submitted
that qualification for appointment of teacher in Computer
Science/Electronic courses in affiliated colleges offering
B.Sc. Computer Science is prescribed by the Kerala
University. On going through the reply it is in tandem
with the reply of 8th respondent. Even the amendment
Nos.118 &and120 have also been relied upon.
12. Mr.Krishnamoorthy, learned counsel appearing
on behalf of the UGC submitted that as per the provisions
of Section 2h of the AICTE Act, 1987, Technical Institutes
are only the institutes not the Universities which offers
courses or programs of technical education and shall
include other such institutions. Central Government may
in consultation, by notification in official gazette declare
as a technical university.
13. I have heard counsel for the parties and
appraised the paper book.
14. Notification Ext.P1 and Regulation 4.4.1. of
2010 relied upon by the petitioner reads thus:
TRAVANCORE DEVASWOM BOARD
Nanthancode, Thiruvananthapuram 695 003
ROC.No.8468/15/Coll
Date:03.03.2016
NOTIFICATION
Applications are invited for appointment as Assistant Professors in the
following subjects and non teaching staff for the post mentioned below
for appointment in the colleges under the Travancore Devaswom Board
affiliated to the Kerala University
Sl.No. Subject No of vacancy
Qualifications:As per rules and regulations of UGC/University/
Government
Age: As applicable for appointment in Government Colleges.
Application form of Assistant Professors can be had from the office
of the Secretary, Travancore Devaswom Board, Nanthancode, Kowdiar
P.O., Thiruvananthapuram 695 003 on producation of DD only for
Rs.500/- in person (Rs.540/- by post). Application form and details of
vacancies of Office Attendent is available in the Devaswom Board
website(www.travancoredevaswomboard.org). The application fee is
fixed Rs.250/- as DD in favour of Secretary, Travancore Devaswom
Board.
Applicants should be fully qualified at the time of submission of
application as per university regulations. The application duly filled up
should reach the undersigned within in one month from the date of
publication of the notification. The number of vacancies shown above
may vary subject to the order of Government. Those who have applied
earlier for Botany, Computer Science and Mathematics vacancies need
not apply again. But should produce proof of additional qualification or
experience subsequently required.
Sd/-
Secretary
"4.4.1.Arts,
Humanities, Sciences, Social Sciences,
Commerce, Education, Languages, Law, Journalism and
Mass Communication.
(i) Good academic record as defined by the concerned
University with at least 55% marks (or an equivalent
grade in a point scale wherever grading system is
followed) at the Master's Degree level in an relevant
subject from an Indian University, or an equivalent
degree from an accredited foreign university.
(ii) Besides fulfilling the above qualifications, the
candidate must have cleared the National Eligibility
Test(NET) conducted by the UGC, CSIR or similar test
accredited by the UGC like SLET/SET
(iii) Not withstanding anything contained in sub-
clauses (i) and (ii) to this clause 4.4.1 candidates, who
are, or have been awarded a Ph.D.Degree in accordance
with the University Grants Commission (Minimum
Standards and Procedure for Award of Ph.D.Degree)
Regulations, 2009, shall be exempted from the
requirement of the minimum eligibility condition of
NET/SLET/SET for recruitment and appointment of
Assistant Professor or equivalent positions in
Universities/Colleges/Institutions.
(iv)NET/SLET/SET shall also not be required for such
Masters programmes in disciplines for which
NET/SLET/SET is not conducted."
15. An attempt has been made out to enable this
Court to form an opinion that it is not the case that UGC
had not been holding National Eligibility Test by relying
upon Exts.P7, P8 & P9 and the information received under
RTI the contents of which reads thus:
"UNIVERSITY OF KERALA
Thiruvananthapuram, Kerala, India-695034
(Established as University of Travancore by the Travancore
University Act in 1937 and reconstituted as University of
Kerala by the Kerala University Act of 1957 and presently
governed by the Kerala University Act of 1974 passed by the
Kerala State Legislative Assembly)
(Re accredited by NAAC with 'A' Grade)
RTI Section
No.0109/RTI.1/2019-20 Thiruvananthapuram
20.08.2020
Sri.Shyju.S
Akshara,
Parayanathu Junction
Prayar North P. O., Oachira-690547
Sir,
Sub :RTI Act 2005 - Available information
furnishing of - reg.
Ref :1. Your request dated 26.06.2020 under RTI
Act 2005 received on 29.06.2020.
With reference to the above, I am to inform you the
following.
1) The minimum qualification of the recruitment of
Assistant Professor in Computer Science is given below.
I. Mater Degree in Computer Science/Master of
Technology(M.Tech) in Computer Science or
equivalent grade in a point scale where ever grading
system is followed.
II. Must have cleared National Eligibility Test (NET)
conducted by the UGC or similar test accredited by
the UGC or similar test accredited by the UGC like
SLET/SET in Computer Science.
III. Not-withstanding anything contained in clause (i)
and (ii) candidate who have been awarded a Ph.D
degree in Computer Science in accordance with
the UGC Regulation 2009, shall be exempted from the
requirement of the eligibility condition of
NET/SLET/SET.
2) No
3) The copy of the document which you called for is
attached herewith.
Thanking you.
Yours faithfully,
State Public Information Officer"
16. Selection committee in meeting held on
20.03.2019, consisting of six members, observed that
ninety eight (98) applications in Computer Science were
received out of which, twenty four (24) were rejected for
want of minimum qualification i.e., pass in NET, Ph.D in
the subject. The observation as made out from first page
of Ext.P13 reads thus:
"Minutes of the meeting of the Selection Committee held on
20th March 2019 for interview for selection of candidates for
appointment as Assistant Professor in COMPUTER SCIENCE
in Sree Ayyappa College, Eramallikkara affiliated to the
University of Kerala.
Present
1.Sri.A..Padmakumar : Hon'ble President
Travancore Devaswom Board
(Chairman)
2. Sri.M.Harshan : Additional Secretary,
Revenue (Devaswom)
Department
Government Secretariat
Thiruvananthapuram
Govt.Nominee
3. Dr.Santhoshkumar : Professor. Department of
Computer Science CUSAT.
Kochin - 22
University Nominee
4.Dr.K.G.Gopchandran : Associate Professor and Head.
Department of
Optoelectronics
University of Kerala,
Kariavattom
University Nominee
5. Dr.S.Madhu.S.Nair : Associte Professor,
Department of Computer
Sciences
Cochin Univrsity of Science
and Technology
Cochin - 22
Subject Expert
6. Dr.Kannan.B : Professor, Department of
Computer Applications.
Cochin Univrsity of Science
and Technology
Cochin - 22
Subject Expert
7. Dr.K.S.Anilkumar : Principal. Sree Ayyappa
College, Eramallikkara
6. Smt.P.K.Sobha : Head. Department of
Computer Science, Sree
Ayyappa College,
Eramallikkara
The meeting commenced at 10 am. The convener who
is the representative of the management read over the
University guidelines for selection of teachers for
appointment in private affiliated colleges. The members
discussed the U.G.C and University guidelines for the award
of marks in the interview and decided to proceed strictly in
accordance with the UGC and University regulations and
guidelines. It was also resolved to consider the teaching
experience in the Universities and affiliated colleges only
and to ignore the experience in school.
There were 98 applications in computer Science. Out
of these, 24 applications were rejected for want of minimum
qualifications i.e. a pass in the NET or Ph. D in the subject.
Call letters were sent to all the remaining 74 candidates.
The 41 candidates who turned up were interviewed."
17. By relying upon all these documents, arguments
of Mr.Liju V.Stephen almost made this court to believe
respondent No.8's selection was without NET or Ph.D. and
in violation of the Regulations. This Court vide order dated
06.07.2020 while admitting the writ petition ordered that
during the pendency of the writ petition appointment of 8th
respondent if made would be subject to its result. But I
cannot remain oblivious of the amendment caused to the
Statute of Kerala University which would lead to a
irresistible conclusion that for selection to the post of
Assistant professor the category (a) to (c) need not have
NET qualification but with B.Tech or M.Tech would be
eligible. Same reads thus:
"Amendment No.118 in the Regulation and notified in the
gazette, Notification No.Acad.L/19134/R/TQ/2000 dated
01.07.2000, Amendment No.118 and Gazette Notification
No.34 dated 22.8.2000 is "the Regulations relating to
qualification of Teachers, the following be added as 'D' under
4-Lecturers (A,B,C) in part III-Teachers of Non-Professional
Colleges affiliated to the University.
D-Computer Science/Electronics,
1Lecturer in Computer Science.
a) First Class B.E./B.Tech in Computer Science/
Computer Engineering.
OR
b) First Class B.E./B.Tech in Electronics/
Electrical and Electronics Engineering with
one year teaching/R&D experience in
Computer Science/Computer Engineering/
Computer Application in Universities/
Colleges/Govt./Public Sector Organizations.
OR
c) M.Tech Computer Science with a minimum of
55% marks.
OR
d) M.Sc.Computer Science/MCA Computer
Science with a minimum of 55% marks.
OR
e) M.Sc Mathematics or Physics or Statistics
with a minimum of 55% marks and Ph.D in
Computer Science.
Note:-
i) Candidates under category (a), (b) and
(c) will be governed by AICTE norms
and will be eligible for promotion only
after acquiring Masters Degree.
ii) Candidates under category (d) and (e)
should have passed NET/SET in
Computer Application/Computer
Science.
iii) At least 50% teachers for the course in
Computer Science should have their first
degree in Engineering."
18. University of Kerala vide notification dated
03.02.2020 reconstituted various boards of studies and
as far as Computer Science classes is concerned it was
brought under the faculty of Applied Science and
Technologies. The same reads thus:
"UNIVERSITY OF KERALA
Thiruvananthapuram, Kerala, India-695034
(Established as University of Travancore by the Travancore University
Act in 1937 and reconstituted as University of Kerala by the Kerala
University Act of 1957 and presently governed by the Kerala
University Act of 1974 passed by the Kerala State Legislative
Assembly)
(Re accredited by NAAC with 'A' Grade)
Phone:0471-2305631 Mail:[email protected]
Fax:0471-2307158 Website:www.keraauniversity.ac.in
Ac.D/3/2/2020
NOTIFICATION
The meeting of the Syndicate held on 08.08.2019 (Item
no.02.09.D3) resolved to entrust the Vice Chancellor to take
necessary steps for the reconstitution of various Boards of
Studies whose term has already been expired and in exercise of
the powers the Vice Chancellor has nominated the following
members to the Board of Studies in
1. Arabic(Pass) 2. Arabic(PG)
3. Archaeology 4. Computational Biology&
Bioinformatics
5. Computer Science(Pass) 6. Demography
7. Environmental Sciences 8. Futures Studies
9. French&Latin 10. German
11. Hebrew and Syriac 12. Islamic Studies
13. Linguistics 14. Microbiology
15. Music(Pass) 16. Public Administration
17. Polymer Chemistry 18. Russian
19. Sanskrit(Pass) 20. Sanskrit(PG)
21. Social Work 22. Tamil (PG)
23. Tamil(Pass)
As per Statutes (8) of Chapter 11 of the Kerala University
First Statutes 1977, the Vice-Chancellor has nominated one of
the members as the Chairman. The Chairman and members
will hold office for a period of three years from 04.01.2020 (i.e.,
up to 03.01.2023), subject to the provisions contained in the
Kerala University Act, 1974, and Statutes framed thereunder:
4 Dr.Ayana Gayathri R V 5 Shri.Binoy K R
Assistant Professor Assistant Professor
Department of Zoology Department of Botany
University College, Trivandrum Govt.College, Kariavattom
Mob:9495904198 Mob:9847908929
Mail:[email protected]
6 Smt.Jisha Nair B J 7 Smt. Bindu N
Associate Professor Associate Professor
Department of Computer Science Department of Computer
Sree Ayyappa College, Science
Eramallikkara SN College, Cherthala
Mob: 9447560314 Mob: 04782864197
Mail: [email protected] [email protected]
8 Smt.Sobha P K 9 Dr. Geetha G
Associate Professor Scientist G & Head, IT
Dpartment of Computer Science Services Sree Chitra Tirunal
Sree Ayyappa College, Institutte for Medical Sciences
Chengannur and Technology, Trivandrum
Mob: 94954740678 Mob: 04712524534
Mail:[email protected]
10 Dr. Saritha Namboodiri
Associate Professor
Department of Computer
Sciences V T Bhattathirippad
College, Palakkad
Mob:9447889128
Mail:[email protected]
il.com
BOARD OF STUDIES IN
COMPUTER SCIENCE(PASS)
(Under the Faculty of Applied Sciences and Technology)
Dr. Gladston Raj S Chairman
Assistant Professor
Department of Computer
SciencesGovt. College,
Nedumangad
Mob: 9447388887
Mail:[email protected]
Dr.Muhammad Noorul Mubarak 3 Smt. Manju G
Assistant Professor Assistant Professor
Department of Computer Science Department of Computer
University of Kerala Sciences Govt. College,
Mob:9446100484 Ambalappuzha
19. From the extraction of the Kerala Gazette dated
22.08.2000 relied upon by Mr.Liju V.Stephen and on
comparison of the amendment 118, both are verbatim.
Thus, its reliance would go against the petitioner and in
favour of respondent No.8 for simple reason that as per
note appended, thereunder, candidates under category (a)
& (b) shall be governed by AICTE norms and eligible for
promotion only after acquiring Masters degree. Rejection
of 24 candidates having not passed NET or Ph.D was in
respect of candidates having degree other than B.Tech and
M.Tech. Clauses 4.4.1. extracted above prescribes the
qualification in respect of subjects of Arts, Humanities,
Science, Social Science and not Computer Science. It is
conceded position on record that Computer Science and
Electronics subjects were introduced by Universities in
Affiliated Colleges from academic year 1995 onwards and
courses like B.Sc. Computer Science started in two aided
colleges of the University Sree Ayyappa College and
S.N.College. University of Kerala had for the first time
introduced two engineering subjects in Arts and Science
Colleges (emphasis supplied). Normally the Science
subjects were under the Faculty of Science and
Engineering subjects; thus for all intents and purposes the
subjects like Computer Science and Electronics did not
come under the Faculty of Science or under the Faculty of
Engineering and Technology but within the ambit of
Faculty of Applied Sciences and Technology.
20. During the argument of Mr.Liju V.Stephen relied
upon the judgment of this Court dated 16.02.2018
rendered in W.P.(c) No.28062/2013 Saneeju M. Salu Vs.
State of Kerala in support of the submission, but on
perusal of the same, it is discerned that it pertain to
eligibility of the candidate who had been appointed with
effect from 06.08.2012 as UGC had conducted the NET
examination in Electronics only in December, 2012.
She/he was also holder of M.Tech, but NET was not
conducted in December, 2012. The aforementioned
judgment would not apply to the facts of this case.
Information under the RTI cannot be read in isolation but
in conjunction with the amendments 118(supra). There is
no dispute to the fact that UGC Regulation prescribing
NET/SLET/SET as minimum eligibility conditions for
appointment of Lecturers/ Assistant Professors in Higher
Education Institutions except as provided in Regulation
No.3.3.1 of proviso 2010, as has been held by Supreme
Court in P.Suseela and others Vs. University Grants
Commission and others (2015 (8) SCC 129).
21. Definition of provisions of Section 2(h) of AICTE
Act relied upon by Mr.Krishnamoorthy would also not
come to the aid of the petitioner's case in laying challenge
to the appointment of respondent No.8 as there is no bar
for the deemed University to introduce computer course
which was brought under the Faculty of Applied Sciences
and Technology.
22. In view of the reasons assigned hereinabove, I
am of the view that there is no force or merit in the
submissions of Mr.Liju V.Stephen that the appointment of
respondent No.8 was illegal as he did not fulfil the
qualifications as per UGC Regulation, 2010.
Writ petition is devoid of the merit and accordingly
dismissed.
Sd/-
AMIT RAWAL
JUDGE
vv
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTIFICATION DATED
3.3.10`6 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE MSC.COMPUTER SCIENCE
DEGREE CERTIFICATE ISSUED TO PETITIONER
BY THE MADURAI KAMARAJ UNIVERSITY.
EXHIBIT P3 A TRUE COPY OF THE NATIONAL ELIGIBILITY
TEST (NET)CERTIFICATE ISSUED TO
PETITIONER BY THE UGC.
EXHIBIT P4 A TRUE COPY OF THE CALL LETTER DATED
7.3.2019 ISSUED TO PETITIONER BY THE
6TH RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE RANK LIST DATED
29.5.2019 PUBLISHED BY THE 6TH
RESPONDENT.
EXHIBIT P6 A TRUE TYPED COPY OF THE APPOINTMENT
ORDER DATED 3.6.2019 ISSUED BY 6TH
RESPONDENT TO THE 8TH RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE ORDER OF APPROVAL
DATED 15.5.2020 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE UGC NOTIFICATION FOR
NET JUNE 2012.
EXHIBIT P9 A TRUE COPY OF THE UGC NOTIFICATION FOR
NET JUNE 2014.
EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION DATED
27.2.2020 MADE TO THE CHANCELLOR OF THE
3RD RESPONDENT.
EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION DATED
NIL MADE TO THE 2ND RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE QUERY DATED 26/06/2020
MADE BY PETITIONER UNDER RTI AND THE
ANSWERS
EXHIBIT P13 A TRUE COPY OF THE INFORMATION RECEIVED
UNDER RTI DATED 18.8.2020
RESPONDENT'S/S EXHIBITS:
EXHIBIT R6(a) TRUE COPY OF AMENDMENT NO.118, NOTIFIED
AS PER NOTIFICATION
NO.ACAD.L/19134/R/TQ/2000 DATED
1/7/2000
EXHIBIT R6(b) TRUE COPY OF RELEVANT PORTION OF THE
UGC REGULATIONS, 2010
EXHIBIT R8(a) TRUE COPY OF THE UNIVERSITY ORDER
NO.125/RTI. 2/2018-19 DATTE 6.2.2019
REGARDING THE QUALIFICATION FOR THE
APPOINTMENT OF TEACHER IN THE
DEPARTMENT OF COMPUTER SCIENCE AND
REGULATIONS OBTAINED UNDER THE RIGHT TO
INFORMATION ACT ON 6.2.2019
EXHIBIT R8(b) TRUE COPY OF THE RELEVANT EXTRACT OF
THE NOTIFICATION NO.AC.D/3/2020
REGARDING RECONSITUTION OF VARIOUS
BOARD OF STUDIES.
EXHIBIT R8(c) TRUE COPY OF THE DEGREE CERTIFICATE IN
BACHELOR OF TECHNOLOGY IN INFORMATION
TECHNOLOGY ISSUED BY THE AMRITA VISWA
VIDYAPEETHAM ON 27.8.2011 TO THE
PETITIONER.
EXHIBIT R8(d) TRUE COPY OF THE DEGREE CERTIFICATE IN
MASTER OF TECHNOLOGY IN COMPUTER VISION
& IMAGE PROCESSING ISSUED BY THE AMRITA
VISWA VIDYAPEETHAM ON 11.10.2013 TO THE
PETITIONER.
EXHIBIT R8(e) TRUE COPY OF THE ELIGIBILITY
CERTIFICATE ISSUED BY THE 3RD
RESPONDENT UNIVERSITY ON 05.01.2019 TO
THE PETITIONER.
EXHIBIT R8(f) TRUE COPY OF THE RELEVANT EXTRACT OF
THE NOTIFICATION F.NO.37-3/LEGAL/2010
DATED 22.1.2010 ISSUED BY AICTE.
EXHIBIT R8(g) TRUE COPY OF THE RELEVANT EXTRACT OF
THE UGC REGULATIONS 2010 (PAGE NO.2408)
EXHIBIT R8(h) TRUE COPY OF THE RELEVANT EXTRACT OF
THE UGC REGULATIONS 2010 (PAGE NO.2423)
EXHIBIT R8(i) TRUE COPY OF THE RELEVANT EXTRACT OF
THE UGC REGULATIONS 2010 (PAGE NO.2452-
2453)
EXHIBIT R9(a) TRUE COPY OF THE APPOINTMENT ORDER
DATED 03.06.2019 BEARING
NO.ROC.NO.84868/15/COLL/COM.SCIENCE
ISSUED BY THE 6TH RESPONDENT
EXHIBIT R9(b) TRUE COPY OF THE ORDER DATED 15.05.2020
ISSUED BY THE UNIVERSITY OF KERALA
