K.M. Joseph, C. J. (Oral)

Petitioner has approached this Court with a complaint that the University has issued an Advertisement (Annexure No. 5) seeking to fill-up teaching posts in various subjects / departments for the Session 2012-2013 with the following objectionable provisos in regard to the posts of Assistant Professor (For Arts, Humanities, Sciences Discipline):

“Provided further that, the candidates who have acquired Ph.D. degree up to June 30, 2009 shall also be exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment as Assistant Professor or equivalent positions in the Vishwavidyalaya.

Provided further that those candidates who have been enrolled for Ph.D. up to June 30, 2009 and awarded Ph.D. degree shall become eligible for exemption from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment to the posts of Assistant Professor or equivalent positions in the Vishwavidyalaya.”

2. According to the petitioner, he is fully qualified. The qualification for the post of Assistant Professor is as provided by the University Grants Commission. Our attention was invited to the following qualifications, which are found in Annexure No. 1:

“4.4.0 ASSISTANT PROFESSOR

4.4.1 Arts, Humanities, Sciences, Social Sciences, Commerce, Education, Languages, Law, Journalism and Mass Communication

i. Good academic record as defined by the concerned university with at least 55% marks (or an equivalent 2

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 Masters Programmes in disciplines for which NET/SLET/SET is not conducted.”

3. Petitioner would draw our attention, firstly, to Clause 3.3.1 of Annexure No. 1, which purports to be 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. The said Clause is as follows:

“3.3.1 NET/SLET/SET shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professors in Universities / Colleges / Institutions.

Provided, however, that 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.”

4. Thereafter, petitioner refers to Clause 4.4.1, which we have already referred. According to him, the impugned provisos in the Advertisement (Annexure No. 5) issued by the University are clearly against the Regulations issued by the University Grants Commission. He also drew our attention to the letter issued by the University Grants Commission to the University (Annexure No. 3), where it has, inter alia, stated as follows:

“This is to further inform you that in terms of the provisions of the UGC (Minimum Qu