UGC criterion for NET unconstitutional: HC

By Express News Service  |   Published: 09th January 2017 05:59 AM  |   

Last Updated: 09th January 2017 05:59 AM 

KOCHI: The Kerala High Court has termed the criterion prescribed by the University Grants Commission for qualifying the National Eligibility Test (NET) as contained in Step III of Clause 8 of the notification unconstitutional. Step III states that the merit list of the candidates, who secure minimum marks, will be prepared subject wise as also category wise based on the aggregate marks secured by the candidates in all the three papers and the top 15 per cent candidates in all the categories will be declared NET qualified for each subject.

The court made it clear that the judgment will not affect the result of the NET results based on the notification. The UGC is free to evolve a criterion which would not affect the efficiency of meritocratic candidates  from the general category for selection to all open vacancies in the future.

The HC issued the order on a petition from G Sukumaran Nair, general secretary, Nair Service Society, challenging the criterion set by the UGC. The notification stipulates that the minimum marks to be obtained in the NET for the award of Junior Research Fellowship(JRF) and eligibility for appointment as Assistant Professor are, 40 per cent for papers I and II and 50 per cent for paper III for general candidates. While it was 35 per cent for papers I and II and 40 per cent for paper III for OBC (Other Backward Communities), PWD (Persons With Disability), SC/ST candidates.
NSS submitted that in the light of the lower minimum marks prescribed for reserved categories, the number of them is far above than those belonging to the general category. It also sought directions to the UGC to maintain uniform minimum marks for candidates for qualification in the NET irrespective of the fact whether they belonged to reserved or general categories.

 he UGC,on its part, submitted that there was no illegality in prescribing lower minimum marks for pass in the NET for reserved categories and since only the candidates, who secured the minimum marks in the reserved categories, were entitled to be qualified  there was no illegality in qualifying the top 15 per cent among them. Holding the stipulation unconstitutional, the  HC allowed the petition filed by the NSS.