Calcutta High Court (Appellete Side)
Nityananda Manna vs Union Of India & Ors on 1 September, 2016
Author: Debangsu Basak
Bench: Debangsu Basak
1 01.09.2016
.
rc W.P. No. 7601(W) of 2016 Nityananda Manna Versus Union of India & Ors.
Mr. S.S.Mondal ... for the petitioner
Mr. Anil Kumar Gupta ... for the UGC
Let the affidavit of service filed in Court today be kept with the record. The petitioner complains that his candidature for junior fellowship/ assistant professor has been wrongfully treated as disqualified by the University Grants Commission (UGC).
Learned advocate for the petitioner refers to the eligibility criteria for the selection process for such post. He submits that the petitioner qualifies the prescribed eligibility criteria. The petitioner had undertaken the post graduate course of Master of Arts in Sanskrit from a recognised institute and had passed the same on July 03, 2015 having scored more than requisite 50% marks. The petitioner is a reserved category candidate and, therefore, 50% of the marks applies. In any event, the petitioner has more than 55% marks in the post graduate examination even if he is treated as an unreserved category candidate. The petitioner had taken qualification examination for the post on December 29, 2013. Therefore, in terms of the eligibility class the petitioner has two years from the date of publication of the results of the qualification examination to complete the post graduate examination. The petitioner has done so. Consequently, the rejection of the candidature of the petitioner is wrongful.
Learned advocate for the petitioner has also referred to instances where the batchmates of the petitioner have been considered for the post and have been given 2 appointments. He refers to the documents annexed to the writ petition, particularly, from pages 35 onwards in support of such contention.
Learned advocate for the UGC refers to the affidavit filed on behalf of his client and submits that a candidate who has appeared in the final year of the qualifying master degree is only eligible. In the present case the petitioner did not appear in the final year examination at the relevant point of time when he had taken the qualification examination for the post. Consequently the candidature of the petitioner cannot be considered. Learned advocate for the UGC refers to the last annexure to the affidavit-in-opposition and submits that, the petitioner did not put in the requisite form. He has submitted that, the process is on-line and therefore, it is imperative for the petitioner to duly fill in the relevant forms.
In reply, the learned advocate for the petitioner submits that, the form referred to on behalf of the UGC being the last annexeure of the writ petition, is required to be submitted only after the candidature of the petitioner is considered as valid.
I have considered the rival contentions of the appearing parties and the materials made available on record.
The petitioner had applied for UGC National Eligibility Test for junior research fellow/ assistant professor. The petitioner was issued an admit card. He had taken the examination. On completion of the examination and on the publication of result, the name of the petitioner had appeared in the merit list as a successful candidate.
However, by the impugned writing dated November 24, 2015 the UGC had informed the petitioner that the petitioner did not fulfill the eligibility condition and had proceeded to declare the petitioner as disqualified in the UGC NET held on December 29, 2013.
The impugned writing dated November 24, 2015 issued by UGC does not specify as to which portion of the eligibility condition that the petitioner did not fulfill to warrant his disqualification.
3
The eligibility criteria for the UGC NET held on December 29, 2013 is as follows :-
"Candidates who have appeared OR will be appearing at the qualifying Mater's degree (final year) examination and whose result is still awaited OR candidates whose qualifying examinations have been delayed may also apply for this Test. However,, such candidates will be admitted provisionally and shall be considered eligible for award of JRF/Assistant Professor eligibility only after they have passed their Master's degree examination or equivalent with at least 55% marks (50% marks in case of SC/ST/PWD( Persons with disability) category candidates). Such candidates must complete their P.G. degree examination within two years from the date of NET result with required percentage of marks, failing which they shall be treated as disqualified."
It appears on a plain reading of the eligibility criteria that, a candidate who has not passed a Master's degree can apply to participate in the UGC NET provided that such candidates scores the prescribed marks in the appropriate category within two years from the date of publication of the UGC NET results.
Learned advocate for the UGC submits that the eligibility criteria is applicable only for final year students of a post graduate course. In my view, such contention is not acceptable given the user of the words in the eligibility conditions laid down by UGC. The clause has been introduced at the instance of UGC. The clause, therefore, is required to be strictly construed against the UGC.
The eligibility conditions laid down by UGC uses the word "OR" between "candidates who have appeared" and "will be appearing at the qualifying Master's degree (Final) Examination". The user of the word "OR" has a meaning. The conscious choice of such word is highlighted by putting it in bold. Therefore, UGC has made a distinction between the category of candidates who have appeared and the category of candidates who will be appearing for the final examination. The user of the words in the eligibility criteria prescribed by UGC leads one to infer that, the UGC was consciously distinguishing between two sets of candidates, that is, candidates who have appeared in the final year examination and candidates who have appeared in the Master's degree and 4 have not taken the final year examination. This inference is supported by the user of the word 'or' in the eligibility condition as also the prescription in the eligibility condition that, such candidate must complete his/her post graduate degree examination within two years from the date of NET result with the required percentage of marks failing which such candidate will be treated as disqualified. Therefore, UGC was permitting a candidate who had taken the post graduate course but have not taken the final examination a time period of two years to complete such course and to have the requisite percentage as prescribed in the eligibility condition.
In the present case the petitioner had qualified UGC NET 2013 on December 2013. He has passed MA in Sanskrit being a post graduate course on June 03, 2015 with a percentage in excess of 60. Therefore, although the petitioner is a reserved category candidate, even considering the candidature of the petitioner in the unreserved category the petitioner has scored the requisite qualifying marks within the time period prescribed for the same under the eligibility conditions.
In such circumstances, the declaration of the disqualification made by UGC through the impugned notice dated November 24, 2015 is set aside. UGC will consider the petitioner as having qualified the UGC NET, 2013 in the reserved category. The petitioner will submit the requisite documents within fortnight from the date of this order. Upon submission of such documents with the UGC, it will take appropriate steps in accordance with law.
With the above observations and directions W.P.No. 7601(W) of 2016 is disposed of without any order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.) 5