The Kerala HC while upholding the Constitutional validity of Section 45A of the Kerala University of Fisheries and Ocean Studies Act, 2010 (KUFOS Act), in the case of Dr Usha V. Parameswaran and Others V. State of Kerala and Others, also noted that the qualifications for teaching posts prescribed in addition to the UGC Regulations are for uplifting the quality of education.

It is pertinent to note that The qualification prescribed under Section 45(3) of the KUFOS Act is that the fisheries faculty must have a graduate degree in Fisheries Science approved by the Indian Council of Agricultural Research (ICAR) and a postgraduate degree in the specific Fisheries subject concerned and other qualifications as mandated by the ICAR. On the other hand, UGC prescribes only a master’s degree with 55% marks in the relevant subject from an Indian University as a qualification for the post of Assistant Professor. The petitioners argued that UGC regulations should prevail over state enactment.

A single bench of Justice Sathish Ninan further observed that “Since knowledge is to be imparted to the students of BFSc course, State deemed it appropriate that the teachers who impart knowledge should possess the degree in Fisheries Science and Post Graduate degree in the fisheries subject concerned. It can only be understood to be the prescription of a higher qualification to uplift the quality of education. It does not do away with the minimum qualification of a “Master’s Degree” as prescribed under Ext.P1 UGC regulations. Therefore, the challenge against the provision on the ground of repugnancy fails.”