Unfortunately I have not filed the petition, but if the judgment is applicable to whole of India, I will be getting the certificate. So friends please clarify my doubt that how do I know that, the judgment is applicable to me or not, as I haven’t filed the petition.

Eagerly waiting for your response.

With warm regards

VIJAY


On 18-12-2012 19:26, Shona Man wrote:
Hi indeed good judgement but whether this judgement will be applicable
in whole of India or only Kerala candidates will be given the benifit?
because while granting the relief the court has used the word
petitioner, therefore should it be given to the pititioner only?
what about JRF criteria for reserve catagory? no change?

On 12/18/12, S. M. syed hussain <[email protected]> wrote:
The Kerala High Court on Monday quashed the new qualifying criteria
prescribed by the University Grants Commission (UGC) after holding the
National Eligibility Test (NET) for lectureships.

Allowing a batch of writ petitions challenging the new criteria,
Justice P.R. Ramachandran Nair held that the UGC regulations did not
confer any right on the UGC to fix high marks after holding of the
NET. Nor could such criteria be introduced just before the
announcement of the results by executive orders. The introduction of
the new criteria was not supported by the law.

The new criteria had prescribed that candidates in the general
category, who had scored an aggregate of 65 per cent for all three
papers, would be eligible for lectureship while OBC category
candidates needed 60 per cent and the marks for candidates in the
SC/ST category was 55 per cent

The court added that the students were jolted when all of a sudden the
UGC prescribed the percentage of the aggregate marks. The adoption of
such norms at the final stage and just before the declaration of the
results had affected the candidates.

The court said that assuming that the UGC had the power to alter the
minimum marks, it should have been done in a fair and reasonable
manner and not whimsically. The change of the cut-off marks at the
final stage violated Article 14 of the Constitution (equality before
law).

The court also declared that the petitioners, who had obtained the
separate minimum marks prescribed in the UGC notification, had cleared
the NET. The court also ordered that they should be issued the
necessary certificate in a month.

source:
http://www.thehindu.com/education/college-and-university/kerala-high-court-quashes-new-ugc-marks-criteria-in-lecturers-test/article4210497.ece

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