Devan Ramachandran, J.

In the fasciculous of the large volume of pleadings, materials and documents in these cases, is a short question posed for our consideration, as to whether, for the purpose of appointment as Assistant Professors in various subjects under the Kerala University of Fisheries and Ocean Studies, a candidate should have the Master's degree in the particular subject or whether the stand of the University, in having accepted candidates who have Master's Degree in allied subjects or other relevant subjects also, can be found to be justified.

2. The examination of the various issues in these cases is centered on the qualification prescribed by the University in the Notification issued by it on 05.08.2014, which is then to be tested on the touchstone of the qualifications prescribed by the University Grants Commission (UGC) in the “University Grants Commission on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, Regulation 2010” (hereinafter referred to as Regulations for short).

3. In the Employment Notification, which has been placed on record in the writ petitions, the qualification for Asst. Professor has been shown as under:

“3. ASSISTANT PROFESSOR

(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 a relevant subject from an Indian University, or an equivalent degree from an accredited foreign university]

(ii) Besides fulfilling the above qualifications, the candidates must have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET.

(iii) Notwithstanding anything contained in sub - clauses (i) and (ii) above, 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.

(iv) NET/SLET/SET shall not be required for such Master Programmes in disciplines for which NET/SLET/SET is not conducted.”

4. The relevant clause of the UGC Regulations viz. Clause 4.4.1. which relates to the qualification for Assistant Professor in Arts, Humanities, Sciences, Social Sciences, etc is as under:

“(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 a 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). Notwithstanding 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 Master's Programmes in disciplines for which NET/SLET/SET is not conducted.”

5. It is ineluctable, from the above extracted prescriptions in the notification as well as the Regulations, that what is mandated therein is that a candidate must have at least 55% marks (or an equivalent grade wherever grading system is followed) at the Master's Degree level in a relevant subject. What grips our attention at this point are the two