UGC criterion for NET is unconstitutional: Kerala HC

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KOCHI: The Kerala High Court declared a criterion prescribed by the University Grants Commission (UGC) for qualifying the National Eligibility Test (NET) as unconstitutional.

However, the court made it clear that the judgement will not affect the result of the NET to be conducted in January based on the current notification. The UGC is free to evolve a criterion which would not affect the efficiency of meritorious candidates from the general category for selection to all open vacancies in future.

The court issued the order on the petition filed by G Sukumaran Nair, general secretary, Nair Service Society (NSS) challenging the criteria fixed by the UGC.

The notification stipulates that the minimum marks to be obtained in the NET for the award of Junior Research Fellowship and eligibility for appointment as assistant professor are, 40 percent for papers I and II and 50 percent for paper III for general candidates. While it was 35 percent for papers I and II and 40 percent for paper III for OBC (Other Backward Communities), PWD (Persons with Disability), SC (Scheduled Caste) and ST (Scheduled Tribe) candidates.

Step III of Clause 8 of the notification stated 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 percent candidates in all the categories will be declared NET qualified for each subject'.

NSS submitted that in the light of the lower minimum marks prescribed for reserved categories, the number of them is far above than the general category. They also sought directions to the UGC to maintain uniform minimum marks for candidates for qualification in the NET irrespective of the fact whether they belong to reserved or general categories.

UGC submitted that there was no illegality in prescribing lower minimum marks for clearing the NET for reserved categories and since only the candidates who secure the minimum marks in the reserved categories are entitled to be qualified and there is no illegality in qualifying the top 15 percent among them. The court held that this stipulation is unconstitutional and allowed the petition filed by NSS.