JUDGMENT :

S. RAVINDRA BHAT, J.

1. Leave granted. With consent of the learned counsels, the appeals were heard finally. The appellants (in the first appeal, Dr. M.S. Jayakumar, and in the second appeal, the University of Kerala (hereinafter, “University”) challenge a common judgment of the Division Bench of the Kerala High Court. ¹[In W.A. No. 1713, 1744 & 1792 of 2018 and the common orders passed in R.P. No. 688-90 of 2020 by Kerala High Court.] The issue involved is the legality of Dr. Jayakumar’s appointment as Lecturer in Sociology by the University. The High Court concurrently set aside that appointment.

2. Dr. Jayakumar completed his graduation in Sociology in the year 1999, acquired his M.Phil. in the year 2000, and Ph.D. on 23.08.2006. The regulations prescribing qualifications for appointment promulgated by the University Grants Commission (hereinafter, “UGC”) were the UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, introduced in March 2000 (hereinafter, “2000 UGCR”). They prescribed passing the National Eligibility Test (hereinafter, “NET”) as an essential condition for appointment