Writ Appeal No. 968 of 2023 (Kerala High Court)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR** ## **&** ## **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **FRIDAY, THE 21[ST] DAY OF JULY 2023/30TH ASHADHA, 1945** ## **W.A.NO.968 OF 2023** **AGAINST THE JUDGMENT DATED 17.03.2023 IN WP(C).NO.20658/2021 OF HIGH COURT OF KERALA** ## **APPELLANTS/PETITIONERS 1, 2 & 4 TO 10:** - **1 DR. USHA V. PARAMESWARAN AGED 36 YEARS D/O. P.K.VIMALA, C4 PALACE ORCHARDS, ANAVATHIL, MATTANCHERRY, KOCHI-682002** - **2 DR.JABIR THAJUDEEN AGED 34 YEARS** - **S/O. M.THAJUDEEN, JABIR MANZIL, PLAVILA, PANAVOOR P.O, TRIVANDRUM., PIN - 695568** - **3 MR. RAM PRASANTH M.R. AGED 38 YEARS S/O. M.P.RAMAN, MANASAM, SASTHA COLONY, MALAMPUZHA P.O, PALAKKAD., PIN - 678651** - **4 MS.KRIPA N.V. AGED 33 YEARS D/O. PRABHAVATHY V.C, VATTAPPARAMBIL HOUSE, THEYYANGAD, PONNANI P.O, MALAPPURAM., PIN - 679577** - **5 DR.SAYANA K.A. AGED 34 YEARS D/O.ANANDAN, KOCHIKKAPARAMBIL HOUSE, KOOLIMUTTAM P.O, THRISSUR., PIN - 680691** - **6 MR.JENSON VICTOR ROZARIO AGED 35 YEARS** - **S/O. JEFFREY MATHEW ROZARIO, AMALA GARDENS, MAYITHARA MARKET P.O, CHERTHALA, ALAPPUZHA, KERALA, INDIA, PIN - 688539** **W.A.NO.968 OF 2023 :: 2 ::** - **7 MR.RIYAS A. AGED 31 YEARS** - **S/O. ABDUL JABBAR, MANZOOR MANZIL, PANAVOOR P.O, NEDUMANGAD, THIRUVANANTHAPURAM-695568** - **8 MR.HARI PRAVED P. AGED 29 YEARS** - **S/O PRADEEP P, PUNNAKKAL HOUSE, PURANGU P.O, PONNANI, MALAPPURAM-679584** - **9 MR.MUNEER A. AGED 29 YEARSIS/O. ABDUL KHADER, DAR ULIHSAN, THALACHIRA P.O, KOTTARAKKARA, KOLLAM - 691538** **BY ADV.SRI.P. RAVINDRAN (SR.) BY ADV.SRI.LAKSHMI RAMADAS BY ADV.SRI.M.R.SABU BY ADV.SMT.APARNA RAJAN** - **BY ADV.SRI.SREEDHAR RAVINDRAN** ## **RESPONDENTS/RESPONDENTS/3RD PETITIONER:** - **1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001** - **2 KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES REPRESENTED BY ITS REGISTRAR, PANANAGAD P.O, KOCHI., PIN - 682506** - **3 THE VICE CHANCELLOR KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES, PANANGAD P.O, KOCHI., PIN - 682506** - **4 INDIAN COUNCIL OF AGRICULTURAL RESEARCH KRISHI ANUSANDHAN BHAVAN -II, PUSA, NEW DELHI., PIN - 110012** - **5 DR.SANGGETHA M.S** **W.A.NO.968 OF 2023 :: 3 ::** **AGED 33 YEARS W/O.VIMOD M., MADAMBITHARA HOUSE, VADAKKUMTHALA P.O, KARUNAGAPPALLY, KOLLAM-690536** - **6 DR. VIJI C.S AGED 39 YEARS W/O.RAJKUMAR UNNITHAN, KICHUPILLIL HOUSE, CHEMBUMUKKU, KAKKANAD P.O., ERNAKULAM., PIN - 682030** - **7 DR. SAFEENA M.P AGED 40 YEARS TYPE IV/8 QUARTERS, KUFOS, MADAVANA, PIN - 692506** - **8 CHANDANA B.L AGED 26 YEARS D/O.BINU P.S., SWAIRAM, AMARAVILA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM., PIN - 695122** - **9 YASMI V.S AGED 30 YEARS W/O.BIPIN K.P., V.S.K. NIVAS, AROOR P.O., ALAPPUZHA., PIN - 688534** - **10 MEENU DEVASSYKUTTY AGED 30 YEARS** - **W/O.CYRIL KURIAKOSE, VADAKKEKUDIYIL HOUSE, OONNUKAL P.O., KOTHAMANGALAM., PIN - 686693** - **11 SAJINA K.A AGED 32 YEARS** - **W/O.BENSON K.KARIYATHIPPILLY HOUSE, MANNAM P.O., NORTH PARAVOOR, ERNAKULAM., PIN - 683520** - **12 ASWIN SIVASANKAR AGED 26 YEARS** **S/O.SIVASANKARAN V., UTHRADAM, OTTAPPALAM, PALAKKAD., PIN - 679102** - **13 BINI C. DAS AGED 28 YEARS** **D/O.CYRIL J. C.J.VILLA, PULIPPARA P.O., KADAKKAL,** **W.A.NO.968 OF 2023 :: 4 ::** ## **KOLLAM- 691536** - **14 ASHA GOPAN AGED 28 YEARS D/O.A.GOPAKUMAR, DEVIKRIPA, HOUSE NO.202, KAIMANAM P.O., THIRUVANANTHAPURAM., PIN - 695040** **15 KEERTHANA K.M AGED 27 YEARS D/O.O.G.MANIYAPPAN, KALATHIL HOUSE, THEKKUMBHAGOM, THRIPUNITHURA, ERNAKULAM., PIN - 682301** **16 ASSOCIATION OF FISHERIES GRADUATES REPRESENTED BY ITS SECRETARY LAKESIDE CAMPUS, FINE ARTS AVENUE, COCHIN, PIN - 682016** - **17 DR.BAIJU P.T.** **PUTHUPARAMBIL HOUSE, NAYARAMBALAM P.O, ERNAKULAM., PIN - 682509** **BY SRI.ASOK M. CHERIAN, ADDL. ADVOCATE GENERAL BY ADV.SRI.SATHEESH N BY SRI.T.S.SHYAM PRASANTH, GOVERNMENT PLEADER BY ADV.SRI.K.JAJU BABU (SR.)(K/116/1981) BY ADV.SRI.BRIJESH MOHAN BY ADV.SRI.JAMES ABRAHAM BY ADV.SRI.ISAAC KURUVILLA ILLIKAL BY ADV.SRI.T.C.KRISHNA** **THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 13.07.2023, THE COURT ON 21.07.2023 DELIVERED THE FOLLOWING:** **W.A.NO.968 OF 2023 :: 5 ::** ## **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 **W.A.NO.968 OF 2023 :: 6 ::** Amendment Act, to the extent it introduced Section 45A 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 **W.A.NO.968 OF 2023 :: 7 ::** 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 be, or State level Eligibility Test (SLET) or the State Eligibility Test (SET), conducted by bodies accredited by the UGC for the said purpose, qualifying in NET/SLET/SET shall be an additional requirement. ## **3.3** - I. The National Eligibility Test (NET) or an accredited test (State Level Eligibility Test SLET/SET) shall remain the minimum eligibility for appointment of Assistant Professor and equivalent positions - wherever provided in these Regulations. Further, SLET/SET shall be valid **W.A.NO.968 OF 2023 :: 8 ::** as the minimum eligibility for direct recruitment to Universities/Colleges/Institutions in the respective state only: _Provided_ that candidates who have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulation, 2009, or the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil/Ph.D. Degree) Regulation,2016, and their subsequent amendments from time to time, as the case may be, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or any equivalent position in any University, College or Institution. _Provided_ further that the award of degree to candidates registered for the M.Phil/Ph.D.programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances / Bye-laws / Regulations of the Institutions awarding the degree. All such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfillment of the following conditions: - a) The Ph.D. degree of the candidate has been awarded in regular mode only; - b) The Ph.D. thesis has been awarded by at least two external examiners; - c) An open Ph.D. viva voce of the candidate has been conducted; d) The candidate has published two research papers from his/her Ph.D. work out of which at least one is in a refereed journal; - e) The candidate has presented at least two papers, based on his/her Ph.D. work in conferences/seminars sponsored/funded/supported by the UGC/ ICSSR/CSIR or any similar agency. _The fulfilment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned._ - **3.10** The Ph.D. Degree shall be a mandatory qualification for direct recruitment to the post of Assistant Professor in Universities with effect from 01.07.2021. - **4.1 For the Disciplines of Arts, Commerce, Humanities, Education, Law, Social Sciences, Sciences, Languages, Library Science, Physical Education, and Journalism & Mass Communication.** **W.A.NO.968 OF 2023 :: 9 ::** ## **I. Assistant Professor:** ## **Eligibility (A or B) :** ## **A.** - i) A Master‘s degree with 55% marks (or an equivalent grade in a point-scale wherever the grading system is followed) in a concerned/relevant/allied 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 or the CSIR, or a similar test accredited by the UGC, like - SLET/SET or who are or have been awarded a Ph. D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time as the case may be exempted from NET/SLET/SET: - _Provided_ , the candidates registered for the Ph.D. programme - prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances/Bye-laws/Regulations of the Institution awarding the degree and such Ph.D. candidates shall be - exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfillment of - the following conditions :- a) The Ph.D. degree of the candidate has been awarded in a regular mode; - b) The Ph.D. thesis has been evaluated by at least two external examiners; - c) An open Ph.D. viva voce of the candidate has been conducted; - d) The Candidate has published two research papers from his/her Ph.D. work, out of which at least one is in a refereed journal; - e) The candidate has presented at least two papers based on his/her Ph.D work in conferences/seminars sponsored/funded/supported by the UGC / ICSSR/ CSIR or any similar agency. _The fulfilment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned._ **W.A.NO.968 OF 2023 :: 10 ::** - Note: NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted by the UGC, CSIR or similar test accredited by the UGC, like SLET/SET. - **OR** - **B.** The Ph.D degree has been obtained from a foreign university/institution with a ranking among top 500 in the World University Ranking (at any time) by any one of the following: (i) Quacquarelli Symonds (QS) (ii) the Times Higher Education (THE) or (iii) the Academic Ranking of World Universities (ARWU) of the Shanghai Jiao Tong University (Shanghai). _**Note: The Academic score as specified in Appendix II (Table 3A) for Universities, and Appendix II (Table 3B) for Colleges, shall be considered for short-listing of the candidates for interview only, and the selections shall be based only on the performance in the interview.”**_ Section 45A of the amended KUFOS Act reads as follows: “ **45A.** _University Teachers_ .—(1) Each Faculty shall have distinct teachers in the categories of Professor, Associate Professor and Assistant Professor: Provided that a teacher from one faculty may be allowed to teach in another faculty as required. (2) Of the teaching posts of the Faculty of Fisheries transferred from the University of Agriculture, the departments except Fisheries Engineering, Management and Fisheries Hydrography shall be retained in the Faculty of Fisheries of this University. (3) The appointment, powers and duties of the teaching posts shall be as prescribed by the statutes. But that teachers in the Fisheries Faculty shall have degree in Fisheries Science approved by the Agricultural Research Council of India, a postgraduate degree in the Fisheries subject concerned and other qualifications as mandated by the Agricultural Research Council of India: Provided that a degree in Fisheries Science is not mandatory for those who are continuing in the teaching post in the Faculty of Fisheries in the University. **W.A.NO.968 OF 2023 :: 11 ::** (4) The teacher shall be responsible to the Head of the Department for the activities of the teaching, research and extension programmes assigned to him.” The appellants/writ petitioners contended that inasmuch as the provisions of Section 45A (3) of the amended KUFOS Act stipulated qualifications that were different to the qualifications prescribed under the UGC Regulations 2018, the said provision under the KUFOS Act was void on account of lack of legislative competence in the State Legislature to enact such a provision. It was also pointed out that the provisions of Section 45A (3) were impossible of compliance since the Agricultural Research Council of India admittedly had no power/authority to recognise any academic Degree or grant any affiliation to any University or Academic course. The relief prayed for in the writ petition was essentially for a declaration of invalidity of the amendments carried out to the KUFOS Act. 4. Through a counter affidavit filed on behalf of the 2[nd] respondent University, it was pointed out that Fisheries Education and Research was part of Agricultural Research, and hence, any legislation in relation to the said subject was traceable to Entries 14 and 21 of List II, which was the State List, and hence, the question of repugnancy with a Central Legislation did not really arise. Alternatively, it was contended that the UGC **W.A.NO.968 OF 2023 :: 12 ::** Regulations, 2018 did not apply to the respondent University, and at any rate, there was no stipulation in Section 45A of the amended Act that mandated that only students with Graduate Degree in Fisheries Science passing out from the 2[nd] respondent University could aspire for appointment as Assistant Professor under the Act. By way of clarification, it was also pointed out that the Bachelor of Fisheries Science Course conducted by the respondent University had the necessary accreditation from the Agricultural Research Council of India. 5. A reply affidavit was also filed by the appellants/writ petitioners to refute the contentions in the counter affidavit. 6. During the pendency of the writ petition, the respondent University issued a notification dated 1.2.2022 [Ext.P10] that called for applications _inter alia_ for the post of Assistant Professor in various disciplines allied to Fisheries. Pursuant to an application moved by the appellants/writ petitioners, and an interim order that was passed by the learned Single Judge, those of the appellants, who had the prescribed qualifications under the UGC Regulations, were permitted to appear for the selection process as and when conducted by the University. It would appear however that the University did not go ahead with the selection process in **W.A.NO.968 OF 2023 :: 13 ::** respect of the disciplines to which the appellants/writ petitioners were applicants till the final disposal of the writ petition. Immediately thereafter, the appellants were intimated that they did not posses the necessary qualifications for the post in question and their applications were rejected. The selection process, we understand, was then continued with the candidates who were found eligible as per the provisions of the amended Section 45A of the KUFOS Act. 7. The learned Single Judge, who considered the rival contentions, found that the Regulations made by the UGC under Section 26 of the UGC Act are legislative in nature and in the event of any repugnancy with the State legislation, they would prevail. In reaching such a finding, the learned Judge placed reliance on the decisions reported in **Gambhirdhan K. Gadhvi v. State of Gujarat & Ors. - [(2022) 5 SCC 179], State of West Bengal v. Anindhya Sundar Das – [(2022) SCC OnLine SC 1382] and Professor (Dr) Sreejith P.S. v. Dr. Rajasree M.S. - [(2022) SCC OnLine SC 1473]** . The learned Judge thereafter found that the statutory provision that was impugned was neither arbitrary nor unreasonable, and inasmuch as it had only fixed a higher qualification, was not repugnant to the UGC Regulations. The writ petition impugning the legislation was therefore dismissed. **W.A.NO.968 OF 2023 :: 14 ::** 8. We have heard Sri. P. Ravindran, the learned senior counsel, duly assisted by Adv. Sri. Lakshmi Ramdas for the appellants and Sri. Jaju Babu, learned senior counsel, duly assisted by Adv. Sri. Brijesh Mohan for the respondent University. We have also heard the learned Government Pleader for the official respondents of the State. 9. The judgment of the learned Single Judge is impugned _inter alia_ on the contention that it erred in not declaring the amendment effected to Section 45A of the KUFOS Act as beyond the legislative competence of the State legislature and therefore void as unconstitutional. It is also contended that the learned Single Judge ought to have found the amendment discriminatory in that it excluded graduates from other Universities from applying for the post of Assistant Professor at KUFOS. We shall consider each of the said contentions on their merits. 10. The challenge to the legislative competence of the State legislature to amend Section 45A of the KUFOS Act is premised on the contention that insofar as the UGC Regulations, 2018 had clearly specified the minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges in the State, and the State Government **W.A.NO.968 OF 2023 :: 15 ::** had adopted the said Regulations for application within the State, it was not open to the State legislature to prescribe a qualification under the KUFOS Act that was inconsistent with the qualifications prescribed by the UGC. It is argued that since the minimum qualification for the post of Assistant Professor under the UGC Regulations, 2018 is “A Masters degree with 55% marks (or an equivalent grade in a point-scale wherever the grading system is followed) in a concerned/relevant/allied subject from an Indian University, or an equivalent degree from an accredited foreign university” together with NET qualification and a Ph.D in the subject concerned (since the notification was issued after 01.07.2021 when the Ph.D degree was made mandatory for the post of Assistant Professor), it was not open to the State legislature to amend Section 45A of the KUFOS Act to insert therein an additional requirement that “teachers in the Fisheries Faculty shall have a degree in Fisheries Science approved by the Agricultural Research Council of India” over and above a Post Graduate degree in the Fisheries subject concerned and other qualifications as mandated by the Agricultural Research Council of India. 11. We find ourselves unable to accept the said contention of the appellants. The law laid down through the various decisions relied upon by the learned senior counsel for the appellants is essentially that in matters of **W.A.NO.968 OF 2023 :: 16 ::** higher education, where certain standards have been prescribed through a Central legislation such as the UGC Act or the AICTE Act, those standards cannot be diluted or lowered through any prescription to the contrary contained in a State legislation. However, as noticed by the learned Single Judge in the impugned judgment, it is well within the power of the State legislature to prescribe a higher qualification for appointments than the one prescribed by an authority under a Central Statute[1] . The question that arises in the instant case is whether the insistence on an additional qualification of a Graduate degree in Fisheries Science approved by the Agricultural Research Council of India can be seen as the prescription of a higher qualification or standard when compared with the minimum qualification/standard prescribed by the UGC Regulations 2018? The learned Single Judge found it to be the prescription of a higher qualification. While we do not agree with the said finding for the reason that the minimum qualification prescribed under the UGC Regulations for the post of Assistant Professor is a Ph.D in the subject concerned, and there cannot be a higher educational qualification than that, we nevertheless find the prescription to be one of a higher standard since the purpose of the prescription appears to be to attract persons who have the additional qualification of having undergone a particular kind of Graduate course that would enable them to > 1 Dr. Preeti Srivastava & Anr. v. State of Madhya Pradesh & Ors – (1999) 7 SCC 120; State of Tamil Nadu v. S.V. Bratheep – (2004) 4 SCC 513 **W.A.NO.968 OF 2023 :: 17 ::** impart instructions to students more effectively while functioning as Assistant Professors in KUFOS. We therefore see no reason to interfere with the finding of the learned Single Judge that through the prescription of the additional qualification requirement, the University did not dilute or lower the minimum standards set by the UGC. For the same reason, we also do not find it necessary to interfere with the finding of the learned Single Judge that rejected the challenge to the legislative competence of the State legislature to amend Section 45A of the KUFOS Act. There cannot be any doubt that the State legislature has the power to legislate on the subject so long as it does not transgress into areas already occupied by a Central legislation on the point. In the instant case, as already noticed, the Central legislation only prescribed minimum qualifications for the post in question and hence a variation in the prescription of qualifications, that did not dilute or lower the minimum qualification prescribed by the Central legislation, cannot be seen as having offended the principle of repugnancy under the Constitution. 12. As regards the contention that the amended provisions of Section 45A are discriminatory in that it excludes Graduates from other Universities from applying for the post of Assistant Professor at KUFOS, we find that, contrary to what is alleged in the writ petition, the statutory provision does **W.A.NO.968 OF 2023 :: 18 ::** not insist that an applicant for the post of Assistant Professor must hold a graduate or post-graduate degree in Fisheries Science obtained from KUFOS. There is also no material on record that would suggest that a graduate degree in Fisheries Science that is approved by the Agricultural Research Council of India cannot be obtained from any University other than KUFOS. Under such circumstances, we are at a loss to understand how the provision can be seen as discriminatory. The contention of the learned senior counsel for the appellants that the Agricultural Research Council of India does not grant approval to any degree or course also cannot be of much significance because we find that the use of the word ‘approved’ in the amended Section 45A of the KUFOS Act is not in the strict sense akin to a statutory requirement but more in the general sense of the course being one that has the approval or recognition of the Agricultural Research Council of India. 13. It may not also be out of place to mention that none of the appellants before us hold a Graduate degree in Fisheries Science. Even those among the appellants who hold a Graduate degree in an allied subject do not possess the UGC stipulated qualification of NET and Ph.D. Thus, at any rate, the appellants cannot maintain a challenge to the statutory provision on the ground of discrimination because, as persons who do not **W.A.NO.968 OF 2023 :: 19 ::** possess the graduate qualification required for the post, they are not similarly placed as those who do possess the graduate qualification in the subject concerned but are excluded from consideration because their graduate course/degree does not meet with the approval of the Agricultural Research Council of India. We must also remind ourselves that the prescription of qualifications for a teaching post falls within the realm of academic recruitment policy and it is trite that courts would be slow to interfere with policy decisions of academic bodies unless they are found to be arbitrary or irrational or violative of any provisions of the Constitution. In the instant case, no such vitiating factor is established. In the result, we see no reason to interfere with the impugned judgment of the learned Single Judge and for the reasons stated therein, as supplemented by the reasons in this judgment, we dismiss this Writ Appeal. No Costs. **Sd/-** **A.K.JAYASANKARAN NAMBIAR JUDGE** **Sd/MOHAMMED NIAS C.P. JUDGE** **prp/**