Recruitment criteria set by a state university cannot derogate from UGC regulations, and weightage modifications post-amendment leading to absurdities are impermissible.

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ORDER :

M.I. Arun, J.

The issue pertains to the eligibility criteria adopted by the third respondent - University of Agricultural Sciences, Raichur (for short "University") for the post of Assistant Professor (Direct Recruitment).

2. The petitioners in these two petitions are aspirants for the post of Assistant Professor in third respondent-University. They have challenged the eligibility criteria fixed by the third respondent on the ground that it is in violation of the criteria fixed by the second respondent - University Grants Commission (for short "UGC").

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3. The respondent No.2 - UGC is constituted under the provisions of the University Grants Commission Act , 1956. Entry 25 of List III-Concurrent List of Seventh Schedule of the Constitution of India reads as under:

"25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour."

4. Thus, both the State as well as the Parliament are authorised to legislate with regard to the aforementioned subject matters and in case of any conflict, the law made by the Parliament prevails over the law made by the State Assembly.

5. The third respondent - University imparts Education in the subject of Agricultural Sciences and is constituted under the Universities of Agricultural Sciences Act , 2009, which is enacted by the Karnataka State Legislature.

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6. The second respondent - UGC, apart from other things, is entitled to stipulate the eligibility criteria for a person to be appointed as an Assistant Professor in any University imparting education in Agricultural Sciences. The third respondent - University cannot make a regulation in derogation with the regulation of the second respondent - UGC, as the second respondent - UGC is constituted under a law enacted by the Parliament and the third respondent - University is constituted under a law enacted by the State Legislature. However, the third respondent - University is at liberty to fix higher standard than what is prescribed by the second respondent - UGC. Thus, in the present circumstance, it is essential to answer, whether the eligibility criteria prescribed by the third respondent - University is in derogation with the eligibility criteria prescribed by the second respondent - UGC or can it be considered as an improvement on the eligibility criteria prescribed by the second respondent - UGC.

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7. The second respondent - UGC has issued a Notification dated 18.07.2018, wherein, Ph.D. qualification was made mandatory for Direct Recruitment to the post of Assistant Professor in the Universities. Based on the said requirement, the second respondent - UGC also prescribed the criteria for short-listing of candidates for interview for the post of Assistant Professors in the Universities, wherein the details about how weightage should be given to the qualification of a candidate while being evaluated, was prescribed. The same reads as under:

Table:3 A

Criteria for Short-listing of Candidates for Interview for the Post of Assistant Professors in Universities

# However, if the period of teaching/Post-doctoral experience is less than one year then the marks shall be reduced proportionately.

Note: