Balakrishnan Nair, J.

WA.No.2670 of 2007

The writ petitioners are the appellants. The validity of Ext.P2 statute, framed by the University of Kerala, prescribing the qualification for appointment to the post of Lecturer in various subjects under the said University and the colleges affiliated to it, was under challenge in the Writ Petition.

2. The brief facts of the case are the following: All the appellants are post graduates with 55 or more percentage of marks in various subjects. All of them are having M.Phil. qualification in the concerned subject. They submit that the UGC Regulation for appointment to the post of Lecturer prescribes the qualifications for appointments as (1) good academic record with 55% marks or equivalent. (2) Pass in National Eligibility Test for Lecturers, conducted by the UGC, CSIR or similar test accredited by the UGC. But, as per Ext.P1 Regulation, candidates with Ph.D. degree in the concerned subject are exempted form NET for post graduate level and undergraduate level teaching. Candidates having M.Phil. Degree in the concerned subject are exempted from NET for undergraduate level teaching. As per Ext.P1, all the petitioners are eligible to the appointed as Lecturer, for teaching at undergraduate level. While so, the Kerala University issued Ext.P2 order, prescribing the minimum qualification for appointment to the post of Lecturer and also for career advancement. The said order reads as follows:

“The UGC as per D.O. read as first paper above, has modified the UGC regulation regarding minimum qualification for appointment and Career Advancement of Teachers in Universities and affiliated colleges as follows: ‘NET shall remain the compulsory requirement for appointment as Lecturer for those with Post-graduate Degree. However, the candidates, having Ph.D. Degree in the concerned subject are exempted from NET for PG level and UG level teaching. The candidates, having M.Phil Degree in the concerned subject are exempted from NET for PG level and UG level teaching. The candidates having M.Phil. Degree in the concerned subject are exempted from NET for UG level teaching only.’ The Academic Council at its meeting held on 13th December 2006 has approved the modification by excluding the clause, ‘The candidates having M.Phil. Degree in the concerned subject are exempted from NET for UG level teaching only.”

The qualifications prescribed by the UGC except the prescription of M.Phil. Degree in the concerned subject for undergraduate level teaching in lieu of NET qualification, have been accepted. A few colleges affiliated to the Kerala University have, now invited applications for appointment to the post of Lecturer in various subjects. But, the appellants could not apply for the same in view of Ext.P2, as those notifications say that the qualification should be as per the Government/University Rules. Therefore, the Writ Petition was filed by them, seeking to quash Ext.P2 to the extent, it excludes M.Phil. Degree in the concerned subject for undergraduate level teaching. They also sought consequential relief’s.

3. The learned Single Judge who heard the matter dismissed the WP(C). The main contention raised before the learned Single Judge by the writ petitioners was that Ext.P2 is ultra vires of Ext.P1 and therefore, unenforceable. But, the learned Single Judge took a view that since there is no cadre of Lecturer, exclusively for teaching at the undergraduate level in Kerala, the prescription made in Ext.P1 that M.Phil. Degree is sufficient qualification for teaching at undergraduate level is of no consequence as far as the State of Kerala is concerned. Here, there is only one combined cadre of Lecturer for teaching both undergraduate and postgraduate courses. Feeling aggrieved by the said Judgment, this Writ Appeal is filed.

4. The learnedcounsel appearing for the appellants Mr. George Poonthottam submitted that Ext.P2. to the extent, it is contrary to the prescription contained in Ext.P1 is ultra v