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2023 Supreme(Online)(KER) 7250
HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, MOHAMMED NIAS C.P., JJ
DR. USHA V. PARAMESWARAN – Appellant
Versus
STATE OF KERALA – Respondent
WA 968 2023
ADV.SRI.P. RAVINDRAN (SR.), ADV.SRI.LAKSHMI RAMADAS, ADV.SRI.M.R.SABU, ADV.SMT.APARNA RAJAN, ADV.SRI.SREEDHAR RAVINDRAN, SRI.ASOK M. CHERIAN, ADV.SRI.SATHEESH N, ADV.SRI.T.S.SHYAM PRASANTH, ADV.SRI.K.JAJU BABU (SR.)(K/116/1981), ADV.SRI.BRIJESH MOHAN, ADV.SRI.JAMES ABRAHAM, ADV.SRI.ISAAC KURUVILLA ILLIKAL, ADV.SRI.T.C.KRISHNA
The state legislature has the power to amend qualifications for academic appointments provided they do not conflict with central legislation.
Headnote:
Legislative Competence - KUFOS Act - Section 45A - The court interpreted that the state legislature has authority to prescribe qualifications that are higher than those set by central regulations, upholding the amendment that introduced Section 45A to the KUFOS Act.
Fact of the Case:
Postgraduate degree holders in disciplines related to Fisheries challenged the constitutionality of Section 45A introduced in the KUFOS Act of 2010, arguing it violated legislative competence and was discriminatory against graduates from other universities.
Issues: Did the introduction of Section 45A in the KUFOS Act exceed the legislative competence of the state? Was the provision discriminatory by excluding graduates from other universities?
Ratio Decidendi: The state can legislate higher educational qualifications than those specified by central regulations without being inconsistent, and the provision was not discriminatory against graduates from other universities.
Final Decision: The court dismissed the appeal, validating the amendment to Section 45A of the KUFOS Act.
J U D G M E N T
A.K. Jayasankaran Nambiar, J.
The petitioners in W.P.(C).No.20658 of 2021 are the appellants herein aggrieved by the judgment dated 17.3.2023 of the learned Single Judge that dismissed their writ petition. The brief facts necessary for disposal of the Writ Appeal are as follows:
2. The appellants/writ petitioners are all Post Graduate Degree holders in Science in various disciplines such as Marine Biology, Fisheries and Aquaculture. Two of them have NET qualification in Aquaculture, and one among them also has a Ph.D in Marine Science. In the writ petition, they impugned initially, Ordinance Nos.46/2021 and 109/2021 that purported to amend the Kerala University of Fisheries and Ocean Studies Act , 2010 [hereinafter referred to as the “KUFOS Act”] by inserting Section 45A therein, on the ground that it was vitiated for want of legislative competence. During the pendency of the writ petition, however, the Ordinances aforementioned were replaced by the Amendment Act of 2021, and hence the writ petition was amended to incorporate a challenge to the Amendment Act, to the extent it introduced to the KUFOS Act. The challenge to the Amendment Act on the ground of legislative competence was premised on the contention that the amendment pertained to a field that was already occupied by a Central legislation viz. the UGC Act, 1956 and the Regulations framed thereunder, and hence, it was not permissible for the State Legislature to legislate in respect of a field already occupied by a Central legislation. The amendment was also impugned as arbitrary and discriminatory since it was the contention of the appellants/writ petitioners that the amendment had the effect of insisting on securing a Post Graduate qualification awarded by the KUFOS as a condition precedent for appointment as Assistant Professor in the said University, and therefore, the amended provisions of the Act had the effect of treating equals as unequals, thereby falling foul of Articles 14 and 16 of the Constitution of India.
3. The main contention of the writ petitioners regarding occupied field was that the qualifications prescribed under the amended provisions of the KUFOS Act were contradictory to the qualifications prescribed by the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Others Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 [hereinafter referred to as “UGC Regulations, 2018”]. The relevant provisions of the UGC Regulations, 2018, that replaced the UGC Regulations of 2010, read as follows:
“1.0 Coverage These Regulations are issued for minimum qualifications for appointment and other service conditions of University and College teachers and cadres of Librarians, Directors of Physical Education and Sports for maintenance of standards in higher education and revision of pay-scales.
1.1 For the purposes of direct recruitment to teaching posts in disciplines relating to university and collegiate education, interalia in the fields of health, medicine, special education, agriculture, veterinary and allied fields, technical education, teacher education, norms or standards laid down by authorities established by the relevant Act of Parliament under article 246 of the Constitution for the purpose of co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions, shall prevail i. Provided that where no such norms and standards have been laid down by any regulatory authority, UGC Regulations herein shall be applicable till such time as any norms or standards are prescribed by the appropriate regulatory authority.
ii. Provided further that for appointment to the post of Assistant Professor and equivalent positions pertaining to disciplines in which the National Eligibility Test (NET), conducted by the University Grants Commission or Council of Scientific and Industrial Research as the case may
