Point of Law: Regulations becomes clear when one peruses Clause 4.4.6.1 of the same Regulations where it is stated that M.Tech Degree holders are not required to obtain an additional NET qualification for seeking appointment as Assistant Professor in Engineering and Technology disciplines in Universities and Colleges.

JUDGMENT :

A.K.Jayasankaran Nambiar J.

The petitioner in W.P(C).No.13488/2020 is the appellant before us, aggrieved by the judgment dated 4.3.2021 of the learned Single Judge in the writ petition.

2. The brief facts necessary for disposal of the writ appeal are as follows :

The writ petitioner had responded to Ext.P1 notification dated 3.3.2016 published by the Travancore Devaswom Board, inviting applications for appointment to the post of Assistant Professor in various subjects, including Computer Science, in the Colleges managed by the Travancore Devaswom Board, which are affiliated to the Kerala University. The notification specified that the eligibility qualifications for the candidates would be as per the Rules and Regulations of the UGC/University/Government, and the upper age limit of the candidates would be as applicable for appointment in Government Colleges. It is not in dispute that the petitioner along with others applied for the post, and in the selection process that ensued, a rank list was drawn up, in which, the petitioner was not included. On completion of the selection process, while to the sole vacancy that was advertised, the 9th respondent was appointed, to a subsequent vacancy that arose during the pendency of the selection process, the 8th respondent was appointed as Assistant Professor (Computer Science) with effect from 3.6.2019. It is not in dispute that the said appointment of the 8th respondent was subsequently approved by the University. In the writ petition, the petitioner impugned the appointment of the 8th respondent interalia on the contention that she did not possess the necessary NET qualification which was the minimum qualification specified by the UGC in the UGC Regulations 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, 2010 [hereinafter referred to as “UGC Regulations, 2010”].

3. A statement was filed on behalf of the University, and a counter affidavit was filed by the 8th and 9th respondents. In the statement filed on behalf of the University, the contentions in the writ petition were answered through the following averments at paragraphs 3 to 8.

“3. It is humbly submitted that there are several teachers in Computer Science appointed similarly in affiliated colleges who possess the basic qualification of M.Tech. Degree in Computer Science acquired under the Faculty of Engineering and Technology.

4. As per the UGC Regulations relating to minimum qualifications for appointment and promotion of teachers in colleges, Post Graduate Degree in the relevant subject (minimum of 55% marks) with UGC NET/Equivalent qualification is the eligibility criteria fixed for recruitment to the post of Assistant Professor in affiliated colleges. The approval of appointment of teachers in aided affiliated colleges is vested in the University.

5. The UGC Regulations do not act as a stumbling block on the M.Tech degrees awarded under the Faculty of Engineering and Technology following the Regulations of the AICTE being considered in the appointment of teachers to Arts and Science colleges. Clause 4.4.1 of the UGC Regulations 2010 quoted by the petitioner itself shows that her contentions cannot sustain. As per the Regulations of the University, M.Sc. Degree in Computer Science/MCA/M.Tech. Degree in Computer Science are considered as eligible qualification for appointment as Assistant Professor.

6. The UGC Regulations specify that NET shall be deemed as mandatory only for disciplines in which the UGC is conducting NET or any equivalent examination by CSIR/similar agencies, incorporated in UGC Regulations 2018 also as Clause 3.3.II. It may kindly be noted that M.Tech Degree in Computer Science awarded under the Faculty of Engineering and Technology acquired consequent to B.Tech Degree under the same Faculty comes under the purview of the AICTE. The AICTE does not hold any examination at par with N