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2022 Supreme(Online)(KER) 31375
HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
JAISON PETER – Appellant
Versus
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY – Respondent
WP(C) NO. 5635 OF 2021
For the Appellants/Petitioners: GEORGE ABRAHAM, SRI.JOSEPH GOPURAN
For the Respondents: SRI.S.P.ARAVINDAKSHAN PILLAY, SRI.KRISHNA PRASAD, SMT.SINDHU S KAMATH, SMT.ROHINI NAIR
The court confirmed that candidates with foreign PhDs equivalent to Indian PhDs may be exempted from the NET qualification requirement under UGC/AICTE regulations.
Headnote:(A) University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulations, 2009 and 2016; All India Council for Technical Education (AICTE) Regulations, 2019 - Selection for Assistant Professor - Qualification criteria regarding Ph.D. degree and NET examination - The petitioner's claim against the selection of the 6th respondent as Assistant Professor was based on the assertion of his unqualified status as he lacked necessary qualifications according to UGC/AICTE criteria. The court found that the 6th respondent, holding a foreign equivalent degree, was exempt from NET requirement as per valid equivalency standards. (Paras 21, 22, 24)
(B) Court's Role - The court reiterated that interference in selection committee decisions should be minimal and based only on clear statutory violations or malfeasance. (Paras 23, 24)
Facts of the case:
The petitioner challenged the selection of the 6th respondent for the Assistant Professor position, citing qualification discrepancies based on the UGC/AICTE norms. The petitioner claimed that the 6th respondent's PhD was not appropriate for the position and he lacked NET qualification.
Findings of Court:
The court upheld the 6th respondent's selection, affirming that he met the qualifications set forth in the notification and was appropriately exempt from the NET requirement per established regulations.
Issues: Whether the 6th respondent met the qualification criteria for the Assistant Professor position and if the inclusion of the 5th respondent in the selection committee constituted a conflict of interest.
Ratio Decidendi: The court found that the selection process adhered to the applicable regulations, and the fact that the 6th respondent was awarded marks was substantiated by the selection committee's discretion.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. challenge to assistant professor selection based on qualifications. (Para 1 , 2) |
| 2. arguments on eligibility and selection process scrutiny. (Para 3 , 6 , 10 , 11) |
| 3. court's observations on qualifications and selection committee role. (Para 12 , 13 , 14 , 15 , 16) |
| 4. ratio on acceptance of foreign degrees and committee discretion. (Para 18 , 20 , 22 , 23) |
| 5. final decision on writ petition dismissal. (Para 19 , 24) |
JUDGMENT
The petitioner herein and the 6th respondent were applicants for the post of Assistant Professor (Electronics) invited by the Cochin University of Science and Technology (CUSAT). The 6th respondent was awarded first rank by the Selection Committee, while the petitioner was able to secure only 2nd rank. Being aggrieved, the petitioner has approached this Court seeking to quash Ext.P17 notification insofar as it includes the 6th respondent as Rank No.1, for a declaration that the 6th respondent is unqualified to undergo the selection process as Assistant Professor (Electronics) on the strength of Ext.P1 notification and for incidental reliefs.
2. The case of the petitioner, in brief, is as under:
The International School of Photonics, a Department in the 1st respondent University, conducts two programmes, viz., the 5 year M.Sc Course in Photonics and an M.Tech Course in Opto Electronics and Laser Technology. As per Ext.P1 notification dated 22.10.2019, CUSAT invited applications for the post of Assistant Professor on various subjects. Serial No. 38 in Ext.P1 reads as under:
| Sl. No. | Department/School | Subjects/ Specialization | Reservation | No. of vacancies |
| 38 | Photonics | Electronics | Open | 1 |
3. Clause (f) of the General instructions provides for other conditions. Insofar as it is relevant, sub clause (i) of clause (f) reads as follows:
(i) The appointment against the above vacancies will be made as per UGC/AICTE Regulations and Reservation Principles according to Cochin University of Science and Technology Act, 1986 and Kerala State Government Rules. The posts earmarked for Reserved Categories are exclusively reserved for them as per the provisions in the Kerala State & Subordinate Service Rules.
(emphasis supplied)
4. Clause (i) (4) of Ext.P1 reads as under:
4. Candidates who have passed their qualifying examination from Universities outside Kerala should forward the Eligibility Certificate obtained from this University along with their application.
Desirable:- Candidates who have passed the qualifying examination from Universities abroad can submit Equivalency Certificate issued by the Association of Indian Universities ……………….
5. Along with Ext.P1, with specific reference to International School of Photonics, the qualifications required for the applicants were specifically mentioned as per the very same notification.
Minimum Qualifications:
Essential:
Masters Degree with first class or equivalent in relevant branch as detailed below:
| Sl. No. of the Post as given in the Original notification | Subject/ Specialization | Master’s Degree required |
| 38 | Electronics | Photonics/Electronics/Physics (with specialization in Electronics)/Opto Electronics & Laser Technology/Electronics & Communication (Opto Electronics and Optical Communication) Desirable : Ph.D in Photonics/Optoelectronics or related areas |
6. The petitioner contends that he is eminently qualified having secured B.Sc Degree (Electronics), M.Sc Degree (Electronics), National Eligibility Test for Lectureship, JRF conducted by the UGC and Doctor of Philosophy in Photonics from the International School of Photonics, CUSAT as is evident from Ext.P2 to P6. He contends that he is having his qualification in Electronics and Doctorate in Photonics. According to the petitioner, going by the stipulations in Ext.P1, only persons who are having PhD in Photonics /Opto Electronics are eligible to submit an application. As per the criteria for selection of Assistant Professors based on UGC Regulations, 2018, a candidate who has secured a PhD was entitled to a score of 30. As the 6th respondent was
