Madhya Pradesh High Court
Dharmendra Singh vs The State Of Madhya Pradesh on 28 February, 2018
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THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.2116 of 2018
(Dharmendra Singh and others Vs. State of Madhya Pradesh and others)
Jabalpur, dated 28/02/2018
Shri Brindavan Tiwari, Advocate for the petitioner.
Shri Pushpendra Yadav, Dy. Advocate General for the respondents/State.
The challenge in the present petition is to an Advertisement No.7/2017 dated 12.12.2017 in respect of the post of Assistant Professors under the State. The petitioners are M.Phil Degree holders but have not obtained Ph.D. Degrees. The petitioners claim that it is not necessary for the petitioners to qualify National Eligibility Test (NET) or State Level Eligibility Test (SLET), which is a condition mentioned in the advertisement.
Similar challenge was raised in the Writ Petition No.2102/2018 (Vinod Magardey Vs. State of M.P. and others) and for the detailed reasons, similar challenge was negated while considering the "UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010" as amended on 04.05.2016. It was held as under:-
"The Clause printed in bold is in two parts. First part is the award of Degree to candidates registered for the M.Phil/Ph.D. Degree prior to July 11, 2009. Such Degrees, granted in terms of the provisions of the then existing Ordinances/By Laws/Regulations of the Institution awarding the Degrees are valid. Thus in terms of such Clause, M.Phil Degree granted to the petitioner would be a valid Degree as it has been granted by the existing provisions of the Barkatullah University in the State of Madhya Pradesh. However, second part is in respect of exemption from requirement of minimum eligibility condition of NET, SLET or SET for ...2...
recruitment and appointment of Assistant Professor. Such exemption is only to Ph.D. Degree holder candidates. Admittedly, the petitioner is neither registered for Ph.D. Degree prior to July 11, 2009 nor is Ph.D Degree Holder. Therefore, M.Phil Degree awarded to the petitioner is a valid Degree, but he is not exempt from the requirement of minimum eligibility condition of qualifying NET/SLET/SET for recruitment and appointment as Assistant Professor."
Learned counsel for the petitioners refers to the amendment carried out in UGC (Minimum Qualification required for the appointment and Career Advancement of teachers in Universities and Institutions affiliated to it) Regulation, 2000, wherein the following provision was inserted on 11.07.2009 :-
"NET/SLET shall remain the minimum eligibility condition for recruitment and appointment of Lecturers in Universities/Colleges/Institutions.
Provided, however, that candidates, who are or have been awarded Ph.D. Degree in compliance of the "University Grants Commission (minimum standards and procedure for award of Ph.D. Degree), Regulation, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions".
The said proviso in fact supports the order passed by this Court on 31.01.2018 in Vinod Magardey's case as the National Eligibility Test or State Level Eligibility Test is the minimum eligibility condition for recruitment and appointment of Lecturers (substituted by the word "Assistant Professor") in Universities/Colleges/Institutions. However, the candidates who are or have been awarded Ph.D.Degrees in terms of "University Grants Commission (Minimum Standards and Procedure for award of Ph.D.Degree), Regulation 2009 prior to 11.07.2009 shall be exempted from the requirement of minimum eligibility ...3...
condition of NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions. In fact that is the finding recorded that the candidates who are holders of Ph.D. Degree prior to July, 11 2009 are exempted from the requirement of qualifying eligibility condition of NET/SLET.
In view of the said fact, we do not find that in the order passed by this Court in Vinod Magardey's case is in any way is not correct interpretation of the terms of the advertisement and regulations. Therefore, for the reasons recorded in the said writ petition, we find no merit in the present petition.
Dismissed.
(Hemant Gupta) (Vijay Kumar Shukla)
Chief Justice Judge
AM.
Digitally signed by ANINDYA
SUNDAR MUKHOPADHYAY
Date: 2018.03.05 23:11:41
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