Delhi High Court - Orders
Monalisa Joshi vs Jawaharlal University Through Its Vice ... on 20 August, 2020
Author: Jyoti Singh
Bench: Jyoti Singh
$~A-12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 5476/2020
MONALISA JOSHI ..... Petitioner
Through: Mr. Maanav Kumar & Ms. Nupur,
Advocates
versus
JAWAHARLAL UNIVERSITY THROUGH
ITS VICE CHANCELLOR & ANR. ..... Respondents
Through: Ms. Monika Arora, Advocate
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 20.08.2020 Hearing has been conducted through Video Conferencing. C.M. APPL. 19744/2020 Exemption allowed, subject to all just exceptions. Application stands disposed of.
C.M. APPL. 19745/2020 This application has been filed seeking exemption from filing duly affirmed/notarised affidavits and Vakalatnama. Application is disposed of with a direction to the Applicant to file the same within 72 hours from the date of resumption of regular functioning of the Court. W.P. (C) 5476/2020 & C.M. APPL. 19743/2020 Respondent published an Advertisement bearing No. RC/62/2019 inviting applications for four posts of Assistant Professors in the Special Centre for National Security Studies. Criteria as mentioned in the Advertisement for selection to the said posts is as under:-
"Essential Qualifications:
Assistant Professor:
Pay Level - 10 of 7th CPC Rs. 57,700/-1,82,400/-
(i) A Master's degree with 55% marks (or an equivalent grade in a point-scale wherever the grading system is followed) in a concerned/ relevant/ allied subject from an Indian University, or an equivalent degree from an accredited foreign university.
(ii) Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET/SET or who are or have been awarded a Ph.
D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time , as the case may, be exempted from NET/SLET/SET:
Provided, the candidates registered for the Ph.D. programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances/Bye-laws/Regulations of the Institution awarding the degree and such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfilment of the following conditions:-
a) The Ph.D. degree of the candidate has been awarded in a regular mode;
b) The Ph.D. thesis has been evaluated by at least two external examiners;
c) An open Ph.D. viva voce of the candidate has been conducted;
d) The Candidate has published two research papers from his/her Ph.D. work, out of which at least one is in a refereed journal;
e) The candidate has presented at least two papers based on his/her Ph.D work in conferences/ seminars sponsored/funded/supported by the UGC / ICSSR/ CSIR or any similar agency.
The fulfilment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned.
Note: NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/ SLET/SET is not conducted by the UGC, CSIR or similar test accredited by the UGC, like SLET/SET.
OR The Ph.D degree has been obtained from a foreign university/institution with a ranking among top 500 in the World University Ranking (at any time) by any one of the following: (i) Quacquarelli Symonds (QS) (ii) the Times Higher Education (THE) or (iii) the Academic Ranking of World Universities (ARWU) of the Shanghai Jiao Tong University (Shanghai).
Note: The Academic score as specified in Appendix II (Table 3A) for Universities, of UGC Regulations, 2018, shall be considered for short-listing of the candidates for interview only, and the selections shall be based only on the performance in the interview."
The field of specialisation required for the said post as per the Advertisement is as under:
Post School/ Name of Reservation Qualifications, No. Centre the Post Status Specialisation & Desirable Qualifications etc.
1. Special Assistant Unreserved Specialization: Emerging Centre for Professor Technology and National National Security-Cyber warfare/ Security biological warfare for Studies Indian Security.
2. Special Assistant Unreserved Specialization: External Centre for Professor Border Studies of India.
National Security Studies
3. Special Assistant OBC Specialization: Non-
Centre for Professor traditional Security
National Studies of India.
Security
Studies
4. Special Assistant SC Specialization: Research
Centre for Professor Methodology for National
National Security Studies of India.
Security
Studies
Petitioner applied for Post No. 1 on 17.08.2019. On 05.08.2020, Respondent has published the list of shortlisted candidates for post Nos. 1, 2, 3 and 4, which was uploaded by the Recruitment Cell on the JNU Website.
Learned counsel for the Petitioner submits that Petitioner has a Master's Degree in History. She has an M.Phil in 'Biological Weapons:
Norm Building and its Limitations' and a Ph.D. in 'Biological Weapons as Weapons of Mass Destruction: A Study of Technical and Political Dimensions'.
Learned counsel for the Petitioner submits that the Advertisement only mentioned that a Master's Degree with 55% was required in the concerned/relevant/allied subject and there was no mention of any particular subject either being included or excluded.
He submits that rules of the game have been changed after the issue of Advertisement and the list of shortlisted candidates published on 05.08.2020 indicates that Respondents have excluded Language as well as Social Science candidates from the shortlisting criteria.
He relies on the judgements of the Supreme Court in Hemani Malhotra vs. High Court of Delhi, (2008) 7 SCC 11 and P. Mohanan Pillai vs. State of Kerala & Ors., AIR 2007 SC 2840 to argue that it is settled law that the rules of the game cannot be changed once the selection process has begun and the selection and eligibility criteria cannot be altered midway.
Ms. Monika Arora learned counsel, who appears on advance copy of the Petition, submits that she needs two days to take instructions in the matter to clarify on the interpretation of the words 'concerned/relevant/ allied' mentioned in the Advertisement, including the requirement of the Master's Degree for the post in question. Since the interview is scheduled on 24.08.2020, she requests the matter to be taken up on the said date.
At request of Ms. Arora list on 24th August, 2020.
JYOTI SINGH, J AUGUST 20, 2020 rd