Madhya Pradesh High Court
Sitanshu Tripathi vs Union Of India Judgement Given By: ... on 20 December, 2013
1
W.P. No. 21387/2013
20.12.2013
Shri Rajmani Mishra learned counsel for the petitioner.
Shri S.S. Bisen, learned Government Advocate for
respondent State of M.P. on advance notice.
Heard on admission.
Being a holder of Ph. D degree of 2003, petitioner seeks direction to the respondents to consider him for appointment as Professor/Assistant Professor without subjecting him to pass National Eligibility Test (NET).
Relevant Regulation framed by the University Grant Commission, a statutory Body to lay down requisite qualification for appointment in Universities and Institutions, affiliated to it, brought on record reveals that NET was made compulsory vide University Grants Commission (Minimum Qualification required for the appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) Regulations 2000, with an exemptive clause stipulating that "NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D degree. However, the candidates who have completed M.Phil degree or have submitted Ph.D. thesis in the concerned subject upto 31st December, 1993 are exempted from appearing in the NET examination."
That, a new clause was substituted vide notification F. No. 11/2002 (PS) Exemp. dated 14.6.2006 stating that "NET shall remain the compulsory requirement for appointment as Lecturer for those with post graduate. However, the candidates having Ph.D degree in the concerned subject are exempted from 2 NET for PG level and UG level teaching. The candidates having M.Phil degree in the concerned subject are exempted from NET for UG level teaching only. " That, various notifications were issued from time to time as finds mention in paragraph 5.4 of the petition. Of these notifications the latest is dated 30.6.2010 published in the Gazette of India, September 18th, 2010 (Annexure P/6); wherein clause 3.3.1 of the Annexure appended with the notification stipulates:
"3.3.1 NET/SLET/SET shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professors in University/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, 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."
Petitioner is unable to show that any exemption is granted for Ph.D holders like the petitioner from appearing in nd NET. That, reliance placed on the minutes of 472 meeting of the University Grants Commission held on 27.9.2010 recommending modification in first paragraph 10 relating to 3 item No. 2.08, is not in respect of clause 3.1.1 of the Annexure appended with Regulation 2010.
In view whereof the direction sought for to consider the petitioner for appointment as Professor/Assistant Professor without qualifying NET cannot be issued.
Consequently, the petition fails and is dismissed. No costs.
(SANJAY YADAV) JUDGE VT