NAIR SERVICE SOCIETY, REPRESENTED BY ITS GENERAL SECRETARY, G. SUKUMARAN NAIR, AGED 71, S/O.GOPALAN NAIR, HEAD OFFICE, PERUMA, CHANGANASSERY Vs. UNIVERSITY GRANTS COMMISSION, REPRESENTED BY ITS MEMBER SECRETARY, UNIVERSITY GRANTS COMMISSION, NEW DELHI

JUDGEMENT

(1.) The criteria fixed by the University Grants Commission for qualifying the National Eligibility Test is under challenge in these writ petitions. Exhibits are referred to in this judgment as they appear in WP.(C).No.5190 of 2016. The National Eligibility Test ('the NET', for short) is provided for in the regulations issued by the University Grants Commission ('the UGC', for short) for appointment of teachers and academic staff in Universities and Colleges. The petitioner in WP.(C).No.5190 of 2016 is a body engaged in running various educational institutions including Arts and Science Colleges and the petitioner in WP(C).No.24730 of 2016 is a candidate who failed to qualify in the last NET.

(2.) The short facts relevant for adjudication of the issues raised in the writ petitions are the following:

(3.) A counter affidavit has been filed by the UGC in WP.(C) No.5190 of 2016, supporting the criteria laid down for qualification in the NET as per Ext.P2 notification. The stand taken by the UGC in the counter affidavit is that there is no illegality in prescribing lower minimum marks for pass in the NET for reserved categories and since only the candidates who secure the minimum marks in the reserved categories are entitled to be qualified in the NET, there is no illegality in qualifying the top 15% among them.