Kerala University First Statutes Imposing Upper Age Limit For Professors Contrary To UGC Regulations, Can't Operate: High Court

The Kerala High Court recently held that when the UGC Regulations on Minimum Qualifications for appointment of Teachers in Universities and Colleges (UGC Regulations 2018) does not impose any upper age limit for the position of Professor, any stipulation in the Kerala University First Statutes 1977 cannot hold to the contrary. 

Justice Devan Ramachandran observed, 

"...when the "UGC Regulations 2018" has deliberately and consciously refused to impose the stipulation of an upper age limit for the purpose of appointment as a Professor, I fail to understand how any such contra - stipulation in the "First Statutes" of the Kerala University, particularly when it was introduced as early as in the year 1986 – much before the "UGC Regulation" were framed - can operate to the detriment of persons like the petitioners". 

The petitioners in the instant writ petition had challenged the notification issued by the University of Kerala to the extent it imposed an upper age limit of 50 years for candidates to apply to the post of Professor in its various Departments.

It was contended by Advocate T. Rajasekharan Nair on behalf of the petitioners that the said notification was illegal since the UGC Regulations 2018 did not stipulate any such prohibition, indicating that any person who is otherwise qualified, would be eligible to apply until the age of superannuation. The counsel further argued that even if Kerala University was trying to argue otherwise by relying upon the First Statutes, the same could not be done since the University is bound by the UGC Regulations, 2018, and could not act contrary to the same. The counsel therefore submitted that the impugned notification ought to be set aside and the petitioners ought to be allowed to participate in the selection process de hors the fact that they had crossed 50 years of age. 

The Standing Counsel for the UGC S. Krishnamoorthy also contended that the First Statutes could not override the UGC Regulations 2018, particularly when there was no lacuna in the latter. The Standing Counsel argued that the UGC Regulations 2018 did not provide for any upper age limit for candidates to apply to the posts of Professor and that this had been specifically excluded by it, in order to ensure that experienced persons were being selected. 

The Standing Counsel for Kerala University Thomas Abraham, on the other hand, argued on behalf of the respondents that the First Statutes would apply in the instant case, since it could complement the UGC Regulations, 2018 when it was silent on any issue. 

The Court in this case, following the dictum laid down in Professor (Dr.) Sreejith P.S. v. Dr.Rajasree M.S. & Ors. (2022), and other similar cases, was of the firm view that, 

"it is indubitable that when the "UGC Regulations" occupy the field, the "First Statutes" of the Kerala University cannot be in conflict". 

The Court thus considered that the question that had to be examined herein was whether there was a lacuna in the UGC Regulations, 2018, in order to enable the University to consider supplementing it through the provisions of the First Statutes. The Court herein found merit with the submissions made by the Standing Counsel for the UGC that the UGC Regulations 2018 did not prescribe a higher age limit deliberately with the intent that every person, who was otherwise found qualified and eligible, ought to have an opportunity at the selection process. 

The Court accordingly held that the First Statutes could not be relied upon to impose stipulations contrary to the Regulations of 2018. The Court also considered the Kerala Government Order dated 17.08.2019 which relaxed the upper age limit criterion for the purpose of direct recruitment to the post of Associate Professors in the various Universities in the State.

"Indubitably, the Government of Kerala was also aware that such a stipulation is untenable, when they made the said order; and I am sure that the Kerala University cannot act contrary to such settled position", the Court observed. 

The Kerala University was therefore directed to consider the application of the petitioners along with the others, and also call them for interview, subject to them satisfying all eligible criteria and qualifications, de hors the fact that they had crossed 50 years of age. 

Case Title: Sebastian Joseph & Anr v. The University of Kerala & Ors. 

Citation: 2022 LiveLaw (Ker) 576

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