Karnataka HC says Minimum Eligibility Qualification set by UGC for various posts cannot be Relaxed by Universities/Colleges

By Legal Wires 5 Minutes Read

The Karnataka High Court has observed that the minimum eligibility qualification set by the University Grants Commission (UGC) for various posts cannot be relaxed by universities or colleges.

Manjunath Mallinath Hiremath vs Karnataka High Court and Ors.

The Plea was filed by Manjunath Mallinath Hiremath to quash the appointment of the Sridevi PG as Assistant Professor at the Karnataka University.

The Single Judge Bench of Justice S Vishwajith Shetty said that minimum eligibility criteria cannot be relaxed or brought down while qualifications over and above such minimum criteria can be prescribed by the Universities/Colleges.

“This minimum eligibility qualification (by UGC) cannot be relaxed by any University or College where as any qualification over and above this minimum can be prescribed by the Universities or Colleges. The UGC has prescribed the minimum eligibility qualification with an object of maintaining standards in the higher education. Attempt to lower this norm will have an adverse effect on the standards of education in the institutions of higher education which would defeat the very object of the UGC which is a apex expert body,” the court said.

The counsel appearing for Manjunath (petitioner) submitted that he had got higher marks during his academic career and holds work experience as compared to Sridevi PG (respondent no. 2).

It was submitted that as per the notification issued by the University, those who have obtained PhD after 11 July 2009, must have completed the same with course work and that the applicants while applying must strictly adhere to the UGC (Minimum qualifications for appointment teachers in Universities and Constituent Colleges) Regulations, 2010.

The counsel appearing for the Karnataka University contended that the university had strictly followed the statute and the orders passed by the State government from time to time and the appointment of respondent no. 2 was in accordance with the law.

It was submitted selection committee consisted of experts and having examined the academic qualification, teaching experience, they have rightly appointed the respondent no. 2. Also that when she had registered for her PhD, there was no such requirement for doing the course work.

The court observed that the mere possession of PhD does not exempt the candidate from the requirement of minimum eligibility qualification of passing the eligibility tests conducted by the UGC.

The court observed that the petitioner not only possessed all the minimum eligibility qualifications prescribed by the UGC regulations but was also the highest mark scorer at the Master’s Degree level among the candidates.

The court ruled that the selection committee had overlooked all aspects of the petitioner and appointed respondent no. 2 who did not even possess the prescribed minimum eligibility qualification.

Therefore, the court quashed the appointment of respondent no. 2 stating that minimum eligibility qualifications cannot be relaxed.