WP(C).No.

26704 of 2012 (K)

APPENDIX

PETITIONER'S EXHIBITS :

EXT.P1

TRUE COPY OF THE NOTIFICATION PUBLISHED IN DATED 21/4/2012.

EXT.P2

TRUE COPY OF THE HALL TICKET OF IST PETITIONER

EXT.P3

TRUE COPY OF THE HALL TICKET OF 2ND PETITIONER

EXT.P4

TRUE COPY OF THE MARK SHEET OF IST PETITIONER

EXT.P5

TRUE COPY OF THE MARK SHEET OF 2ND PETITIONER

RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P A TO JUDGE

MJL

T.R.RAMACHANDRAN NAIR, J. -------------------------W.P.(C).No. 26704 of 2012 -------------------------DATED THIS THE 19th DAY OF DECEMBER, 2012

JUDGMENT

This writ petition is filed by the petitioners who

appeared for the

National Eligibility Test conducted by the University Grants Commission,

praying for a declaration that the fixation of aggregate marks after the

issuance of Ext.P1 is arbitrary and unreasonable.

2. The legal issue is covered in favour of the petitioners in the light

of the common judgment of this Court in W.P.(C) No.22187/2012 and

connected cases, dated 17.12.2012, wherein this Court has declared that

the proceedings fixing the category-wise qualifying criteria for Lectureship

eligibility, cannot be sustained. Paragraphs 53 and 54 of the said judgment

are extracted below:

"53. Therefore, the fixing of the higher aggregate marks as

65%, 60% and 55% for three categories, that too just before the

announcement of the result, cannot be justified as the same is not

supportable in law in the light of the principles already discussed.

What was absent in the regulation cannot be introduced at the fag

end of the examination, just before the announcement of the result,

whatever may be the justification for the same.

54. In the light of the above, the writ petitions are allowed.

W.P.(C).No.26704/12 -2-

The proceedings fixing the category-wise qualifying criteria for

Lectureship eligibility impugned in the writ petitions, is quashed. It

is declared that all the petitioners who have obtained the separate

minimum prescribed in the notification for Papers I, II and III, have

cleared the NET and appropriate follow up actions will be taken to

issue certificates to them within one month from the date of receipt

of a certified copy of this judgment."

3. In the light of the above, this writ petition is allowed.

It is

declared that the petitioners who have obtained the separate

minimum

prescribed in the notification for Papers I, II and III, have cleared the NET

and appropriate follow up actions will be taken to issue certificates to them

within one month from the date of receipt of a certified copy of this

judgment. No costs.

(T.R.RAMACHANDRAN NAIR, JUDGE)

kav/