Laya K.S. Lakshmi Vilasam v. University of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 08TH DAY OF AUGUST 2019 / 17TH SRAVANA, 1941** ## **WA.No.2122 OF 2015(N)** **JUDGMENT IN WPC 20534/2013 DATED 30-07-2015 OF HIGH COURT OF KERALA** ## **APPELLANT/PETITIONER:** **LAYA K.S. LAKSHMI VILASAM, VILLAGE OFFICE LANE, VHADAYAMANGALAM.P.O., QUILON-691 534.** **BY ADVS. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR** ## **RESPONDENTS/RESPONDENTS:** - **1 THE UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695 034.** - **2 THE UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002, REPRESENTED BY THE SECRETARY.** - **3 THE SYNDICATE OF THE KERALA UNIVERSITY REPRESENTED BY ITS CHAIRMAN, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695 034.** - **4 ANIL CHANDRAN.S, ASSISTANT PROFESSOR, DEPARTMENT OF DEMOGRAPHY, UNIVERSITY OF KERALA, KARIYAVATTOM, THIRUVANANTHAPURAM-695 581.** **BY ADVS. SRI.PAUL JACOB, SC, UNIVERSITY OF KERALA SRI.S.KRISHNAMOORTHY, CGC SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI.T.R.RAVI** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08.08.2019,** **THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.A. No.2122 of 2015 -2- ## **JUDGMENT** ## **K.VINOD CHANDRAN, J.** The appellant is concerned with the selection of the 4[th] respondent to the post of Assistant Professor (Demography) in the first respondent University. The contentions raised by the appellant in the writ petition were that the Ph.D obtained by the 4[th] respondent was not after a course study as prescribed in 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, 2009 (“UGC Regulations of 2009” or with the relevant year of the Regulations for short) and that the 4[th] respondent does not have a NET (National Eligibility Test) qualification as mandated by the UGC Regulations of 2010. The learned Single Judge found that there was no NET held in the W.A. No.2122 of 2015 -3- discipline of Demography and upheld the selection of the 4[th] respondent relying on the Clause 3.3.2 of the Regulations of 2010. The appellant impugn the judgment. 2. We see that very many contentions were raised by the University and the 4[th] respondent, in defence, to justify the selection of the 4[th] respondent. It was contended that candidates who had Ph.D were exempted from obtaining NET qualification. It was also contended that the UGC Regulations of 2010 was adopted by the University only in 2013. As far as the course study at the Ph.D level is concerned, the 4[th] respondent argued that he had obtained the Ph.D in the year 2002 and UGC Regulations of 2009 mandating a course study at the Ph.D level did not apply at the time when he obtained the Ph.D. It is also argued that the Regulations of 2009 was not adopted by the University at the time when the notification was issued. We would not W.A. No.2122 of 2015 -4- look into the question as to whether the UGC Regulations have effect only from the date of adoption by the University, especially, since even going by the Regulations, the 4[th] respondent was found to be eligible. As far as the course study is concerned, we accept the contentions of the 4[th] respondent. The contention of the University and the 4[th] respondent that there is an exemption for Ph.D candidates now does not survive in view of the judgment of the Honourable Supreme Court in **P.Suseela and others v. University Grants Commission and others [(2015) 8 SCC 129]** . The issue now boils down to whether there is an exemption to the fourth respondent from NET, for reason of the test, having not been held, in that discipline. 3. The learned Senior Counsel Sri.N.Nandakumara Menon appearing for the appellant would assert that Population Studies is akin to Demography and has been W.A. No.2122 of 2015 -5- referred to interchangeably by experts in approved textbooks. The learned Senior Counsel has specifically referred to the book _“Population Studies - The Discipline, Development Pattern and Information System by Lalith P.Pathak._ ” It is also pointed out that there were four persons having NET qualification in Population Studies and in such circumstances, they ought to have been preferred over the persons who did not have such qualification. The petitioner sttod first among the candidates having NET and hence she should have been selected and appointed. In fact, it is argued that the others should have been excluded since there is no exemption granted from NET qualification. 4. The Standing Counsel for the University specifically takes us through the Kerala University First Ordinances, 1978 and Ordinance 2 in Chapter V, wherein the various Departments comprised in each Faculty has been W.A. No.2122 of 2015 -6- enumerated. It is pointed out that under the Faculty of Science, Demography is the discipline and this is different and distinct from Population Studies. 5. The learned counsel appearing for the 4[th] respondent would point out a print out of the University Grants Commission National Education Testing (NET) Bureau, which details the subjects in which NET is held. The subject 'Population Studies' has an asterisk mark; under which it is qualified and only candidates with Masters Degree in Geography (with specialisation in Population Studies) or Mathematics/Statistics could alone apply for the said exam. In fact, a person with an M.Sc.(Demography) could not have applied for NET Population Studies; is the specific contention. 6. The learned Standing Counsel for UGC Sri. S. Krishnamoorthy submits that NET qualification has been W.A. No.2122 of 2015 -7- made mandatory and the only saving Clause is that available in 3.3.2. We extract hereunder Clause 3.3.2:- “3.3.2. NET/SLET/SET shall not be required for such Masters Degree Programmes in discipline for which NET/SLET/SET accredited test is not conducted.” 7. The extract of Regulations of 2010 as produced by the appellant at Ext.P6 indicates that essential qualification for a person to be appointed as an Assistant Professor under the Head “Recruitment and Qualifications” (Clause 3.0.0),. The minimum requirements are a good academic record with 55% marks at the Master's level and qualification in the NET or an accredited test as per Clause 3.3.0. Clause 3.3.2 as extracted hereinabove provides an exemption insofar as the disciplines for which NET/SLET/SET accredited test is not conducted. Admittedly, there is no accredited test conducted in the discipline Demography. What we are required to look W.A. No.2122 of 2015 -8- into is as to whether the NET qualification in Population Studies can be considered as a mandatory qualification on the ground that, Population Studies can be said to be a discipline akin to Demography studies. 8. In this context, we specifically refer to the extracts from the text which are placed before us by the learned Senior Counsel. We refer to Chapter II of _Nature and Scope of Population Studies_ and extract the following: “Population studies are concerned with the human population, its growth, decline and movement, it also includes the study of the variables which bring changes as well as get affected by any changes in the population. A study of all these variables using statistical and quantitative techniques is called demography. This term was first used by Guillard in 1855. ” 9. In such circumstances, Population Studies and Demography cannot be said to be the same discipline though they are interrelated. However slight there is discernible a W.A. No.2122 of 2015 -9- subtle distinction in so far as the two disciplines are considered. We further quote from the definitions as seen from the text: “ The most quoted definition is by Hauser and Duncan which states that demography is the study of the size, territorial distribution and composition of population, changes therein, and the components of such changes, which may be identified as natality, mortality, territorial movement (migration) and social mobility (change of status). BourgeoisPichat, explaining the nature of demography in simpler terms, writes: Demography and in general the sciences to do with man, are in the realm of infinite. The human being is the invisible element forming the essence of phenomeon, and when you have said that he is born, lives for a certain time during which he reproduces himself, travels about and finally dies, you have defined essentially what demography is about. However, the demographers and all those interested in population studies have been using the term interchangeably, without giving much consideration to their accepted or established denotation. To cite some examples Hauser and Duncan edited book was given the title. The study of population, which they call 'investigation of the status of demography as a science' (preface.p.v). The contents page of W.A. No.2122 of 2015 -10- the book uses population studies and demography many times. The main parts of the book are: (a) Demography as a Science; (b) Development and Current Status of Demography; (c) Elements of Demography; and (d) Population Studies in various disciplines. On the other hand, the United Nations, titled its book Determinants and Consequences of Population Trends New Summary of Findings on Interaction of Demography, Economic and Social Factors, published in 1953 and revised in 1973. The book is an 'analytic' inventory of existing knowledge and bypotheses concerning the factors affecting population trends and the influence of these trends upon economic and social conditions, by reviewing relevant literature in demography, economics, sociology, geography, history and other related fields which aims at synthesizing the findings of major research on population change throughout the world and on its economic and social correlates. “ 10. interrelated what we Being disciplines, understand from the above authoritative text is that Population Studies and Demography often are used interchangeably. But, however, for the expert, it has different meaning and denotation. In an academic sense, hence, we have to find that Demography and Population Studies are W.A. No.2122 of 2015 -11- two distinct interrelated. What we subjects though understand from the authoritative text is that Demography is something more than Population Studies. Hence, by a NET qualification in Population Studies none can claim that they are to be preferred when the discipline to which appointment is made, is Demography. 11. It is in this context, we have to look at whether NET in Population Studies, will give the appellant an edge over the fourth respondent. The post for which the application was called for was Assistant Professor (Demography) and there was no reference made to Population Studies at all. Both the appellant and the fourth respondent have Masters Degree in Demography and Ph.D in that discipline. We have to notice that the required qualifications even as per the Regulations of 2010 for the post of Assistant Professor is only Masters Degree with NET W.A. No.2122 of 2015 -12- and in the case of, there being no accredited test being carried out in that discipline, there is an exemption provided by way of the Regulations of 2010 itself. The exemption as available in the Regulations of 2010 squarely applies in favour of the 4[th] respondent. We, hence, dismiss the writ appeal, upholding the judgment of the learned Single Judge. No award of costs. **Sd/K.VINOD CHANDRAN JUDGE** **Sd/JUDGE** **V.G.ARUN** Scl/8.08 W.A. No.2122 of 2015 -13- ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **ANNEXURE 1: COPY OF THE SYLLABUS ADN SAMPLE QUESTIONS CODE NO.15, UNIVERSITY GRANS COMMISSION NET BUREAU. ANNEXURE II: COPY OF THE PUBLISHED THE ELIGIBILITY CRITERIA FOR THE NET CENTRAL BOARD OF SECONDARY** **EDUCATION.** **ANNEXURE III: COPY OF THE PUBLISHED THE LIST OF UGC NET SUBJECTS CENTRAL BOARD OF SECONDARY EDUCATION.**