Punjab-Haryana High Court
Sushma Rani vs State Of Haryana And Others on 22 May, 2018
Author: Deepak Sibal
Bench: Rajesh Bindal, Deepak Sibal
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
L. P. A. No. 331 of 2018 (O&M)
in C. W. P. No. 17933 of 2017
Date of decision : 22.05.2018
Sushma Rani .... Appellant
vs.
State of Haryana and others .... Respondents
CORAM : HON'BLE MR. JUSTICE RAJESH BINDAL.
HON'BLE MR. JUSTICE DEEPAK SIBAL.
* * *
Present : Mr. Sachin Dhull, Advocate
for Mr. Vijay Pal, Advocate
for the appellant.
* * *
DEEPAK SIBAL, J. :
The present intra court appeal filed under Clause X of the Letters Patent is directed against order dated 20.12.2017 passed by a learned Single Judge of this Court, through which the appellant's writ petition has been dismissed.
The facts in brief are that in the year 2013, the appellant was appointed as Extension Lecturer. She continued to work as such till July 2017, when she was denied extension on the ground that she had not passed the National Eligibility Test/State Eligibility Test, which as per the statutory rules, was an essential condition for appointment of Assistant Professors/ Lecturers in Colleges. Such action of the State was challenged by the appellant through a petition filed before this Court, which was dismissed by the learned Single Judge through the order under challenge in the present appeal.
1 of 4 ::: Downloaded on - 09-07-2018 00:58:10 ::: L. P. A. No. 331 of 2018 (O&M) : 2 : Learned counsel for the appellant submitted that the appellant had got herself registered for the M.Phil program prior to July 2009, therefore, for appointment as Assistant Professor/Lecturer she was exempted under Regulation 3.3.1 of the University Grants Commission Regulations on "Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for Maintenance of Standards in Higher Education (3rd Amendment), Regulations, 2016" (for short - 2016 Regulations).
We have heard learned counsel for the appellant and have considered the submissions made by him but do not find merit in the same.
Regulation 3.3.1 of 2016 Regulations reads as under :-
"3.3.1. NET/SLET/SET shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professors in Universities/Colleges/Institutions:
Provided however, that candidates, who are or have been awarded a Ph.D Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D Degree) Regulations, 2009 or the subsequent Regulations if notified by the UGC, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions.
Further, the award of degrees to candidates registered for the M.Phil/Ph.D
2 of 4 ::: Downloaded on - 09-07-2018 00:58:10 ::: L. P. A. No. 331 of 2018 (O&M) : 3 : programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances/By Laws/Regulations of the Institution awarding the degrees and the Ph.D candidates shall be exempted from the requirement of the minimum eligibility condition of "NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfillment of the following conditions:
(a) Ph.D degree of the candidate awarded in regular mode only;
(b) Evaluation of the Ph.D thesis by at least two external examiners;
(c) Candidate had published two research papers out of which at least one in a referred journal from out of his/her Ph.D work;
(d) The candidate had presented two papers in seminars/conferences from out of his/her Ph.D work;
(e) Open Ph.D viva-voce of the candidate had been conducted.
(a) to (e) as above are to be certified by the ViceChancellor/Pro-Vice-chancellor/Dean (Academic Affairs)/Dean (University Instructions)"
As per the above Regulation, only Ph.D holders are exempted from passing NET/SLET/SET for appointment as Assistant Professor or equivalent positions in Universities/Colleges/Institutions.
The Regulation further provides that the award of degrees to candidates who are registered under the M.Phil/Ph.D programme prior to
3 of 4 ::: Downloaded on - 09-07-2018 00:58:10 ::: L. P. A. No. 331 of 2018 (O&M) : 4 : July 11, 2009 would be governed by the provisions of the then existing Ordinances/Bye Laws/Regulations of the Institution awarding the degrees. It is nowhere provided therein that for appointment as Assistant Professors/Lecturers, such candidates would be exempted from passing of NET/SLET/SET.
In view of the above, we find no error in the order of the learned Single Judge in dismissing the appellant's petition.
Accordingly, the present appeal is dismissed. Consequently, the application seeking condonation of delay in filing the appeal is also dismissed.
( RAJESH BINDAL ) ( DEEPAK SIBAL )
JUDGE JUDGE
May 22, 2018
monika
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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