Dr. Prasanth M N v. Cochin University of Science and Technology

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940** ## **WP(C).No. 7688 of 2018** **---------------------------------------** ## **PETITIONER :** **--------------** **DR.PRASANTH M N S/O.NARAYANAN, MOOLEKUZHI HOUSE, NORTH MAZHUVANNOOR P.O., ERNAKULAM-686689.** **BY ADVS.SRI.DEEPU THANKAN** **SMT.NIMMY JOHNSON** ## **RESPONDENT :** **-------------** **COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY(CUSAT) COCHIN UNIVERSITY P.O., ERNAKULAM, KOCHI-682022, REP. BY ITS REGISTRAR.** **R BY ADV. SRI.VIPIN D.G., SC, COCHIN UNIVERSITY OF SCIENCE AND** **TECHNOLOGY** **R BY ADV.SRI.S.P.ARAVINDAKSHAN PILLAY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 7688 of 2018 (I)** **APPENDIX** ## **PETITIONER(S)' EXHIBITS -------------------------** **EXHIBIT P1 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY THE M.G.UNIVERSITY DATED 15.3.2007. EXHIBIT P2 TRUE COPY OF THE DEGREE CERTIFICATE FOR MASTER OF SCIENCE IN ELECTRONIC SCIENCE ISSUED BY THE RESPONDENT UNIVERSITY DATED 14.5.2008. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE CORK INSTITUTE OF TECHNOLOGY, IRELAND DATED 17.6.2014. EXHIBIT P4 TRUE COPY OF THE FRONT PAGE OF THE THESIS SUBMITTED BY THE PETITIONER TO THE CORK INSTITUTE OF TECHNOLOGY, IRELAND FOR CONSIDERING HIM FOR PH.D IN ELECTRONIC ENGINEERING DECEMBER 2013. EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE RESPONDENT UNIVERSITY DATED 14.1.2016. EXHIBIT P6 TRUE COPY OF THE AWARD LETTER ISSUED BY THE UNIVERSITY GRANT COMMISSION DATED 22.12.2015. EXHIBIT P7 TRUE COPY OF THE JOINING REPORT ISSUED BY THE UGC DATED 22.12.2015. EXHIBIT P8 TRUE COPY OF THE NOTIFICATION DATED 17.8.2015 ISSUED BY THE RESPONDENT UNIVERSITY. EXHIBIT P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 15.9.2015 FOR THE POST OF ASSISTANT PROFESSOR (ELECTRONICS AND COMMUNICATIONS). EXHIBIT P10 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE POST OF ASSISTANT PROFESSOR (VLSI TECHNOLOGY/EMBEDDED SYSTEMS) DATED 15.9.2015. EXHIBIT P11 TRUE COPY OF THE MEMO DATED 15.10.2016 ISSUED BY THE RESPONDENT. EXHIBIT P12 TRUE COPY OF THE NOTIFICATION ISSUED BY THE RESPONDENT DATED 17.2.2018. EXHIBIT P13 TRUE COPY OF THE NOTIFICATION ISSUED BY THE RESPONDENT DATED 17.2.2018. EXHIBIT P14 TRUE COPY OF THE EXTRACT OF THE UGC REGULATIONS OF MINIMUM QUALIFICATION FOR APPOINTMENT OF TEACHERS AND OTHER ACADEMIC STAFF IN UNIVERSITIES AND COLLEGES AND MEASURES FOR THE MAINTENANCE OF STANDARDS IN HIGHER EDUCATION 2010 DATED 18.9.2010.** **WP(C).No. 7688 of 2018 (I)** **RESPONDENTS' EXHIBITS : -------------------------** **EXT.R1 : TRUE COPY OF THE MINUTES OF THE SCRUTINY COMMITTEE** **/TRUE COPY/ P.A TO JUDGE** **AV/2/5** ## **“CR” ANIL K. NARENDRAN, J. ----------------------------------W.P.(C)No.7688 of 2018 ----------------------------------** Dated this the 2[nd] day of April, 2018 ## **JUDGMENT** The petitioner, who applied for the posts of Assistant Professor (Electronics & Communication) and Assistant Professor (VLSI Technology/Embedded Systems) in the Department of Electronics, Cochin University of Science and Technology (for brevity, 'the respondent University'), pursuant to Ext.P8 notification dated 17.08.2015 issued by the Registrar of the said University, is before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent University to consider his case along with those short listed for interview, vide Exts.P12 and P13 notifications dated 17.02.2018 for the said posts. The petitioner has also sought for a declaration that he is eligible to apply for the posts of Assistant Professor (Electronics & Communication) and Assistant Professor (VLSI Technology/Embedded Systems) notified by the respondent University vide Ext.P8, with his Ph.D. Degree awarded by Cork Institute of Technology, Ireland. W.P.(C)No.7688 of 2018 2 2. A statement has been filed on behalf of the respondent University, contending that, as per University Grants Commission (Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2010, essential qualification for appointment of teaching faculty in Engineering and Technology discipline in Universities and colleges is First Class Master's degree in appropriate branch of Engineering (Engg.) and Technology (Tech.), i.e., M.E./M.Tech. and that in Ext.P8 notification eligibility criteria for the posts of Assistant Professor (Electronics & Communication) and Assistant Professor (VLSI Technology/Embedded Systems) has been prescribed in terms of the said UGC Regulations. M.E./M.Tech. in the concerned branch of Engineering and Technology can be acquired only after successful completion of 4 years B.E./B.Tech course, whereas, M.Sc. is conferred in the stream of Science to those students after successful completion of 3 years B.Sc. course. M.Sc. cannot be equated with M.E./M.Tech. Likewise, Ph.D. Degree cannot be equated with M.E./M.Tech. Therefore, in terms of Ext.P8 notification, the petitioner is not W.P.(C)No.7688 of 2018 3 entitled for inclusion of his name in Exts.P12 and P13 short lists for the posts of Assistant Professor (Electronics & Communication) and Assistant Professor (VLSI Technology/ Embedded Systems). 3. Heard the learned counsel for the petitioner and also the learned Standing Counsel for the respondent University. 4. The petitioner obtained B.Sc. in Electronics with Computer Hardware from Mahatma Gandhi University and M.Sc. in Electronic Science from the respondent University, as evidenced by Exts.P1 and P2 certificates. Thereafter, he was awarded with Doctor of Philosophy (Ph.D) by Cork Institute of Technology, Ireland, as evidenced by Ext.P3 certificate. The document marked as Ext.P4 is the front page of his thesis with the title “Non-uniform Transmission Lines for Ultra Wideband: Design Optimisation and Interfacing to Antennas and Loads”. Ext.P4 would show that the petitioner had undertaken research work at Nimbus Centre for Embedded Systems Research, Department of Electronics Engineering, Cork Institute of Technology. In Ext.P5 certificate dated 14.01.2016 issued by the Registrar of the respondent University it has been certified W.P.(C)No.7688 of 2018 4 that, the Degree of Doctor of Philosophy in Electronic Engineering awarded to the petitioner by Cork Institute of Technology, Ireland is recognised by the respondent University for the purpose of applying to the post of Assistant Professor. 5. As per Ext.P8 notification issued by the respondent University the minimum qualifications prescribed for the posts of Assistant Professor (Electronics & Communication) and Assistant Professor (VLSI Technology/Embedded Systems) in the Department of Electronics read thus; “Minimum qualifications; - I. Essential: First Class Master's Degree in the appropriate branch of Engineering (Engg.) & Technology (Tech.). - II. Without prejudice to the above, the following conditions may be considered desirable: 1. Teaching, research industrial and/or professional experience in a reputed organisation. 2. Papers presented at conferences and/or in refereed journals. - III. A minimum score as stipulated in the Academic Performance Indicator (API) based Performance Based Appraisal System (PBAS) set out in the UGC Regulations, 2010 and published in the University website.” 6. Pursuant to Ext.P8 notification, the petitioner W.P.(C)No.7688 of 2018 5 submitted Ext.P9 application dated 15.09.2015 for the post of Assistant Professor (Electronics & Communication) and Ext.P10 application for the post of Assistant Professor (VLSI Technology/Embedded Systems). Though pursuant to Ext.P11 memo dated 15.10.2016, the petitioner appeared in the objective type screening test held on 30.10.2016, his name was not included in Exts.P12 and P13 short lists published by the respondent University for the posts of Assistant Professor (Electronics & Communication) and Assistant Professor (VLSI Technology/Embedded Systems). 7. In exercise of the powers conferred under clause (e) and clause (g) of sub-section (1) of Section 26 of the University Grants Commission Act, 1956, the UGC framed University Grants Commission (Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 (for brevity, 'the UGC Regulations, 2010') prescribing minimum qualification for appointment of teachers and other academic staff in Universities and colleges and measures for the maintenance of standards in higher education. W.P.(C)No.7688 of 2018 6 8. Clause 4.4.6.1 of the UGC Regulations, 2010 deals with minimum qualifications for appointment of teaching faculty in Universities and colleges in Engineering and Technology discipline. The minimum qualifications prescribed under Clause 4.4.6.1, for appointment to the post of Assistant Professor in Engineering and Technology discipline, read thus; - “4.4.6.1. Minimum Qualifications for Appointment of Teaching Faculty in Universities and CollegesEngineering and Technology Discipline: 1. Assistant Professor: - i. Essential: First Class Master's Degree in the appropriate branch of Engineering (Engg.) & Technology (Tech.). - ii. Without prejudice to the above, the following conditions may be considered desirable: 1. Teaching, research industrial and/or professional experience in a reputed organisation; 2. Papers presented at Conferences and/or in referred journals.” 9. Clause 4.4.1 of the UGC Regulations, 2010 which deals with qualifications for the post of Assistant Professor in Arts, Humanities, Sciences, Social Sciences, Commerce, Education, Languages, Law, Journalism and Mass Communication read thus; ## W.P.(C)No.7688 of 2018 7 “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 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.” 10. A conjoint reading of Clause 4.4.1. and Clause W.P.(C)No.7688 of 2018 8 4.4.6.1. of the UGC Regulations, 2010 would make it explicitly clear that for appointment as Assistant Professor in Engineering and Technology discipline in Universities and colleges the candidates should possess First Class Master's Degree in the appropriate branch of Engineering (Engg.) & Technology (Tech.); whereas, for appointment as Assistant Professor in disciplines like Arts, Humanities, Sciences, etc. the candidates need possess only good academic record with at least 55% marks (or an equivalent 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, and he must have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET. However, 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/ W.P.(C)No.7688 of 2018 9 Colleges/Institutions. 11. Admittedly, the petitioner does not have Master's Degree in the appropriate branch of Engineering (Engg.) & Technology (Tech.), prescribed in Ext.P8 notification for the posts of Assistant Professor (Electronics & Communication) and Assistant Professor (VLSI Technology/Embedded Systems) in the Department of Electronics of the respondent University. On the other hand he possesses Masters Degree (M.Sc.) in Electronic Science from the respondent University and Doctor of Philosophy (Ph.D) from Cork Institute of Technology, Ireland. 12. Relying on the decision of the Apex Court in **Jyoti K.K. v. Kerala Public Service Commission [(2010) 15 SCC** **596]** the learned counsel for the petitioner would contend that the qualification of Doctor of Philosophy (Ph.D) awarded by Cork Institute of Technology, Ireland presupposes the acquisition of the lower qualification of Master's Degree in Engineering (Engg.) & Technology (Tech.) in Electronics branch and as such, the petitioner possesses the essential qualification for the posts of Assistant Professor (Electronics & Communication) and Assistant Professor (VLSI Technology/ W.P.(C)No.7688 of 2018 10 Embedded Systems) in the Department of Electronics prescribed in Ext.P8 notification issued by the respondent University. 13. In **Jyoti's case (supra)** the issue that came up for consideration before the Apex Court was as to whether persons who hold B.Tech in Electrical Engineering or B.E. in Electrical Engineering can aspire the post of Sub Engineers (Electrical) in the Kerala State Electricity Board, as per notification dated 21.06.1994, wherein technical qualification prescribed was Diploma in Electrical Engineering of a recognised institution after 3 years' course of study or a certificate in Electrical Engineering from any one of the recognised technical schools mentioned in the said notification with 5 years' service under the Kerala State Electricity Board or MGTE/KGTE in Electrical Light and Power (Higher) with 5 years' experience as Second Grade Overseer (Electrical) under the Kerala State Electricity Board. Rule 10(a)(ii) of the Kerala State and Subordinate Service Rules, 1958 provides that, notwithstanding anything contained in the said Rules or in the Special Rules, the qualifications recognised by executive orders or standing orders of Government as equivalent to a qualification specified W.P.(C)No.7688 of 2018 11 for a post in the Special Rules and such of those higher qualifications which presuppose the acquisition of the lower qualification prescribed for the post shall also be sufficient for the post. Under the relevant Rules, for direct recruitment to the higher post of Assistant Engineer in the Kerala State Electricity Board, the qualification proscribed is degree in Electrical Engineering of Kerala University or other equivalent qualification recognised or equivalent thereto. In that context, the Apex Court held that, if a person has acquired higher qualifications in the same Faculty, such qualifications can certainly be stated to presuppose the acquisition of the lower qualifications prescribed for the post. The Apex Court held further that, the qualification that has to be obtained for direct recruitment to the higher post of Assistant Engineer obviously gives an indication that such qualification is definitely a higher qualification than what is prescribed for the lower post, namely, the post of Sub Engineer. Therefore, the qualification of degree in Electrical Engineering which presupposes the acquisition of the lower qualification of diploma in that subject prescribed for the post of Sub Engineer, shall be considered to be sufficient for that post. Paragraphs 6 to 8 of the said W.P.(C)No.7688 of 2018 12 ## decision reads thus, “6. Rule 10(a)(ii) reads as follows: "10.(a)(ii) Notwithstanding anything contained in these Rules or in the Special Rules, the qualifications recognised by executive orders or standing orders of Government as equivalent to a qualification specified for a post in the Special Rules and _such of those higher qualifications which presuppose the acquisition of the lower qualification prescribed for the post shall also be sufficient for the post_ ." ( _emphasis supplied_ ) 7. It is no doubt true, as stated by the High Court that when a qualification has been set out under the relevant Rules, the same cannot be in any manner whittled down and a different qualification cannot be adopted. The High Court is also justified in stating that the higher qualification must clearly indicate or presuppose the acquisition of the lower qualification prescribed for that post in order to attract that part of the Rule to the effect that such of those higher qualifications which presuppose the acquisition of the lower qualifications prescribed for the post shall also be sufficient for the post. If a person has acquired higher qualifications in the same Faculty, such qualifications can certainly be stated to presuppose the acquisition of the lower qualifications prescribed for the post. In this case it may not be necessary to seek far. 8. Under the relevant Rules, for the post of Assistant Engineer, degree in Electrical Engineering of Kerala University or other equivalent qualification recognised or equivalent thereto has been prescribed. For a higher W.P.(C)No.7688 of 2018 13 post when a direct recruitment has to be held, the qualification that has to be obtained, obviously gives an indication that such qualification is definitely higher qualification than what is prescribed for the lower post, - namely, the post of Sub Engineer. In that view of the matter, the qualification of degree in Electrical Engineering presupposes the acquisition of the lower qualification of diploma in that subject prescribed for the post, shall be considered to be sufficient for that post.” (underline supplied) 14. In the instant case, as per Clause 4.4.6.1 of the UGC Regulations, 2010 essential qualification prescribed for the higher post of Associate Professor in Engineering and Technology discipline in Universities and colleges is Ph.D. Degree with First Class at Bachelor’s or Master’s Degree in the appropriate branch of Engineering (Engg.) and Technology (Tech.) and experience of 8 years in teaching, research and/or industry at the level of Lecturer or equivalent grade, excluding period spent on obtaining the research degree. In the event the candidate is from industry and profession, essential qualification shall be; (i) First Class Master’s Degree in the appropriate branch of Engineering (Engg.) and Technology (Tech.); (ii) Significant professional work which can be recognised as equivalent to a Ph.D. Degree in appropriate W.P.(C)No.7688 of 2018 14 branch of Engineering (Engg.) and Technology (Tech.) and industrial/professional experience of 8 years in a position equivalent to the level of Lecturer; provided that the recognition for significant professional shall be valid only if the same is recommended unanimously by a 3 Member Committee of Experts appointed by the Vice Chancellor of the University. 15. Therefore, as per UGC Regulations, 2010, candidates who do not possess the requisite qualification in the appropriate branch of Engineering (Engg.) and Technology (Tech.) cannot aspire for the post of Assistant Professor or the higher post of Associate Professor in Engineering and Technology discipline in the Universities and colleges. Ext.P3 Doctor of Philosophy (Ph.D) obtained by the petitioner from Cork Institute of Technology, Ireland based on his thesis or dissertation on the chosen field, does not presuppose acquisition of the prescribed qualification in the appropriate branch of Engineering (Engg.) and Technology (Tech.), as per the UGC Regulations, 2010 for the post of Assistant Professor in Engineering and Technology discipline in the Universities and colleges. In such circumstances, the petitioner who possesses only Masters Degree (M.Sc.) in Electronic Science from the W.P.(C)No.7688 of 2018 15 respondent University and Doctor of Philosophy (Ph.D.) by Cork Institute of Technology, Ireland does not have the essential qualification prescribed in Ext.P8 notification for the posts of Assistant Professor (Electronics & Communication) and Assistant Professor (VLSI Technology/Embedded Systems) in the Department of Electronics of the respondent University. In that view of the matter, the petitioner cannot seek inclusion of his name in Exts.P12 and P13 shortlists prepared by the respondent University for appointment to the aforesaid posts. In the result, this writ petition fails and the same is accordingly dismissed. No order as to costs. Sd/- **ANIL K. NARENDRAN JUDGE** AV/3/4