Point of Law: Section 45A of KUFOS Act requires the degree to be approved by ICAR.

JUDGMENT :

SATHISH NINAN, J.

1. The petitioners are aspirants to the posts of Assistant Professors in the second respondent University. In this writ petition, they challenge the constitutional validity of Section 45A of the Kerala University of Fisheries and Ocean Studies Act, 2010 (hereinafter, referred to as the KUFOS Act) in so far as it relates to the prescription of qualification for teaching posts, and also the notification issued by the University for filling up of teaching posts with such prescription.

2. I have heard Sri. P. Ravindran, the learned Senior Counsel on behalf of the petitioners, the learned Government Pleader for respondents 1, 2 and 3, Sri. T.C. Krishna, the learned counsel for the 4th respondent, Sri. James Abraham (Vilayakattu), the learned C.R. counsel for additional respondents 5 to 15, Sri. Isaac Kuruvilla Illikal, the learned counsel for additional respondent No. 16 and Sri. Jaju Babu, the learned Senior Counsel for the University.

3. KUFOS Act, 2010 was amended by Act 18 of 2021 incorporating Section 45A. The writ petition was filed prior to the passing of the Act and when the amendment ordinance was promulgated.

4. Pending the writ petition, the Act came into force, and consequential amendments were made in the writ petition.

5. Section 45A of the KUFOS Act reads thus:

“45A. University Teachers:

(1) Each Faculty shall have teachers in the categories of Professor, Associate Professor and Assistant Professor distinctly:

Provided that a teacher from one faculty may be allowed to teach in another faculty as required.

(2) Of the teaching posts of the Faculty of Fisheries transferred from the University of Agriculture, the departments except Fisheries Engineering, Management and Fisheries Hydrography shall be retained in the faculty of Fisheries of this University.

(3) The appointment, powers and duties of the teaching posts shall be as prescribed by the statutes. But the teachers in the Fisheries Faculty shall have degree in Fisheries Science approved by the Indian Council of Agricultural Research, postgraduate degree in the Fisheries subject concerned and other qualifications as mandated by the Indian Council of Agricultural Research:

Provided that the degree in Fisheries Science is not mandatory for those who are continuing, as on the date of commencement of the Kerala University of Fisheries and Ocean Studies (Amendment) Act, 2021, in the teaching post in the Faculty of Fisheries in the University.

(4) Teacher shall be responsible to the Head of the Department for the activities of the teaching, research and extension programs entrusted to him.”

Sub-Section (3) thereof contains the prescription of qualification, which is under challenge in this writ petition. As per sub-section (3), the teachers in the fisheries faculty shall have degree in Fisheries Science approved by the Indian Council of Agricultural Research, Postgraduate degree in the Fisheries subject concerned and other qualifications as mandated by the Indian Council of Agricultural Research. Challenge against the said prescription of qualification is on two grounds:

(i) The qualification prescribed is repugnant to the qualification prescribed under the University Grants Commission (for short UGC) regulations.

(ii) The qualification prescribed is irrational and unreasonable.”

6. Ext.P1 is 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, 2018.” That the second respondent University is bound by Ext.P1 UGC Regulations, is not in dispute.

7. Regulation 4.1 - I (A)(i) of Ext.P1 prescribes the qualification for Assistant Professor. The said regulation reads thus:

“A Master's degree with 55% marks (or an equivalent grade in a point-scale wherever the grading system is followed) in a concerned/relevant/allied subject from an Indian University, or an equivalent degree from an accredited foreign university.”

Sri. P. Ravindra