Point of Law: Even assuming this is true, one fails to gather how Government can go back order because, what is relevant is not equivalency between two qualifications, but as to whether “M.Sc Biotechnology” is a qualification in an allied subject, which will enable a candidate to teach Botany and Zoology.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. The petitioners aspire to be appointed as Assistant Professors in Botany and Zoology in the various Universities in Kerala; but they say that they have been precluding from doing so because their qualification, namely M.Sc Biotechnology, has been abruptly ordered by the Government not to be considered as a qualification for such purpose.

2. Smt. Sayujya, representing K.R. Rajeev Krishnan - learned counsel for the petitioners, submitted that, in fact, Government of Kerala had issued an order dated 20.02.2020 - a copy of which is on record as Ext.P4 - stipulating that M.Sc Biotechnology is an eligible qualification for appointment to the post of Assistant Professor in Botany and Zoology in Universities and Colleges; but that without assigning any cogent or reliable reason, they then issued Ext.P5 on 03.03.2020, ordering the stoppage of implementation of the former. The learned counsel submitted that Ext.P5 is, therefore, egregiously improper and is liable to be set aside by this Court.

3. In response, the learned Government Pleader - Smt. Resmi Thomas, submitted that a statement has been filed on behalf of the 2nd respondent, wherein, it has been explained why Ext.P5 order was necessitated to be issued by the Government. She explained that, while some Universities in Kerala agreed to Ext.P4 order, many of them disagreed on the ground that their Academic Council did not treat M.Sc Biotechnology to be equivalent to M.Sc Botany, which is the relevant qualification for appointment to the post of Assistant Professors in Zoology and Botany. She further submitted that Government is in the process of collating the inputs and the suggestions from the various Universities in Kerala and that they will take a final decision in this regard without any further delay.

4. In reply, Smt. Sayujya submitted that the afore contentions of the Government cannot hold water because Ext.P12 Regulations of the University Grants Commission, namely “University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018” (hereinafter referred to as UGC Regulations, 2018, for short), prescribes the qualifications for an Assistant Professor as being “A Master's Degree with 55% marks (or and equivalent grade in a point - scale wherever the grading system is followed) in a concerned/relevant/allied subject from an Indian University.” She submitted that, therefore, the word “allied” would leave no doubt that the qualifications enjoyed by her clients are also eligible to be included to the post of Assistant Professors.

5. Smt. Sayujya fortified her afore submissions by pointing out to Ext.P11 Regulations - relating to the National Eligibility Test (NET) for Junior Research Fellowship and Lecturership - arguing that Zoology, Botany and Biotechnology have been included under the same head, namely, “Life Sciences” and that Government cannot resile from Ext.P4 for the singular reason that the State Level Academic Committee (SLAC), which had the Vice-Chancellors of every University as its members, has made Exts.P2 and P25 recommendations to the effect that M.Sc Biotechnology is an eligible qualification for appointment to the post of Assistant Professors in Botany and Zoology in Universities and Colleges. She pointed out that the SLAC has specifically found that Biotechnology is an allied area of Biology, which includes Botany and Zoology, and that this has been so recognized by the UGC Regulations, 2018. She thus prayed that this writ petition be allowed.

6. I must say that the afore submissions of Smt. Sayujya have great force. This is particularly because the only reason stated by the Government in having issued Ext.P5 is that they have received complaints from Universities against Ext.P4 order dated 20.02.2020. However, this stand is belied by Exts.P2 and P25 recommendations of the SLAC,