Kalu Lal Khatik vs State Of Rajasthan on 30 October, 2018

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Rajasthan High Court - Jodhpur

Kalu Lal Khatik vs State Of Rajasthan on 30 October, 2018

Bench: Arun Bhansali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                      S.B. Civil Writ No. 16724/2018

Kalu Lal Khatik S/o Shri Gopal Lal Khatik, Aged About 38 Years,
Village    And   Post    Dhor,    Tehsil    Jahazpur,   District   Bhilwara,
Rajasthan
                                                              ----Petitioner
                                    Versus
1.        State Of Rajasthan, Through The Secretary, Department
          Of Higher Education, Government Of Rajasthan, Jaipur,
          Rajasthan
2.        Rajasthan     Public    Service    Commission,     Through     Its
          Secretary, Ajmer, Rajasthan
3.        Secretary, Rajasthan Public Service Commission, Ajmer,
          Rajasthan
                                                          ----Respondents


For Petitioner(s)          :     Mr. Sajjan Singh Rathore.
For Respondent(s)          :



             HON'BLE MR. JUSTICE ARUN BHANSALI

Order 30/10/2018 This writ petition has been filed by the petitioner questioning the validity of order dated 25.09.2018 (Annex.13) rejecting the candidature of the petitioner.

By order dated 25.09.2018 (Annex.13), it has been indicated that the petitioner has not obtained minimum 50% marks in graduation, he has not passed NET/SLET/SET and as he does not hold Ph.D. degree in terms of the University Grants Commission (minimum standards and procedure for awards of Ph.D. Degree) Regulations, 2009 ('the Regulations, 2009'), he was not eligible.

(2 of 2) [CW-16724/2018] It is submitted by learned counsel for the petitioner that the petitioner is due to appear in the UGC NET examination scheduled to be held in December, 2018 and therefore, the action of the respondents in cancelling the candidature of the petitioner in absence of NET is not justified.

A perusal of the eligibility condition in the advertisement filed as Annex.1, would indicate that one of the conditions pertains to the candidate having either the Ph.D. in terms of the Regulations, 2009 or having cleared NET/SLET/SET examination. Admittedly, the petitioner neither has the qualification of Ph.D. under Regulations, 2009 nor he has cleared the NET/SLET/SET examination and therefore, the rejection of the petitioner by the respondents vide Annex.-13 cannot be faulted on any count.

Merely because, the petitioner is due to appear in NET examination scheduled to be held in December, 2018, the same cannot be a ground for questioning the action of the respondents.

In view of above, there is no substance in the writ petition and the same is, therefore, dismissed.

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Rajasthan High Court - Jodhpur