Punjab-Haryana High Court
Vibhuti Yadav vs Haryana Public Service Commission on 21 September, 2011
Author: Ranjit Singh
Bench: Ranjit Singh
Civil Writ Petition No.17790 of 2011 :1 :
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: September 21, 2011
Vibhuti Yadav
...Petitioner
Versus
Haryana Public Service Commission, Panchkula & another
...Respondents
CORAM: HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr.Harsh Aggarwal, Advocate,
for the petitioner.
*****
RANJIT SINGH, J.
Respondent No.1 advertised 475 posts of Lecturers (College Cadre) HES-II Group-B in different subjects on 28.10.2009. The petitioner, being fully eligible, had applied for post of Lecturer in the subject of Commerce under BC category. Essential qualifications for appointment to the said post, as prescribed in the advertisement, are as under:-
"(i) LECTURERS (all subjects except Mass
Communication).
(a) Good academic record with atleast 55% of the
marks or an equivalent grade of B in the 7 point scale with letter grades O, A, B, C, D, E and F at the Master's Civil Writ Petition No.17790 of 2011 :2 : Degree level in the relevant subject froman Indian University or an equivalent degree from a Foreign University.
(b) Knowledge of Hindi/Sanskrit upto Matric standard. (c ) Besides fulfilling the above qualifications, candidates should have cleared the National Eligibility Test (NET) for Lecturers conducted by the UGC, CSIR or similar test accredited by the UGC.
(ii) LECTURERS in Mass Communication
(a) Good academic record with atleast 55% of the marks or an equivalent grade at Master's Degree level or an equivalent qualification from an Indian or Foreign University/ recognized institution in Communication/Mass Communication/ Journalism.
Desirable
(i) Ph.D. degree in Communication/Mass Communication/ Journalism from an Indian University or an equivalent degree from a Foreign University.
(ii) Two years full time teaching/research experience in any area of Mass Communication (Newspapers accredited with ABC, National News Agencies, Radio or Television, Film Media, reputed advertising agencies, public relation officers of the Governments, public sector undertakings and established industrial and commercial houses).
(b) knowledge of Hindi/Sanskrit upto Matric standard. (c ) Besides fulfilling the above qualifications, candidates should have cleared the National Eligibility Test (NET) for Civil Writ Petition No.17790 of 2011 :3 : Lecturers conducted by the UGC, CSIR or similar test accredited by the UGC.
NOTE: I
(a) NET/SLET shall remain the minimum eligibility condition for recruitment and appointment of Lecturer in College.
(ii) Degree in Ayurveda from any recognized University or Statutory Board/Faculty/Examining Body of Indian Medicine or its equivalent as recognized under the Indian medicine Central council Act, 1970 (48 of 1970);
(iii) Five years teaching experience including at least three years teaching experience as Lecturer in the subject of Shalakya in any Ayurvedic College;
(iv) Knowledge of Hindi/Sanskrit upto matric standard." As per the Note provided in the advertisement, NET/SLET was said to be minimum eligibility condition for recruitment.
On 22.12.2009/29.1.2010, corrigendum (Annexure P-7) was issued to the effect that those who are enrolled for Ph.D. Degree on or before 31.5.2009 will be considered eligible for exemption from requirement of minimum eligibility condition of NET/SLET. The petitioner had registered for Ph.D. in the year 2008 and concededly has not qualified in Ph.D. till the time of interview. She was permitted to appear in the written test and has secured the cut off marks. On 13.6.2011, the petitioner has qualified NET examination and hence she claims that she is eligible for appointment even though she may not have the alternative qualification of Ph.D. The petitioner, however, has not been considered eligible.
Civil Writ Petition No.17790 of 2011 :4 :
Counsel contends that NET and Ph.D. are alternative qualifications. Accordingly, the counsel submits that acquiring NET by the date of interview, should make the candidate eligible it being alternative qualification. As per the counsel, otherwise, it would lead to discrimination. The petitioner pleads that she should be considered eligible.
I do not find substance in the submission made by the counsel. NET/SLET qualification is one of the essential qualification of eligibility. Corrigendum was issued to exempt this essential qualification for those who had enrolled for Ph.D. Degree on or before 31.5.2009. They were to acquire Ph.D. upto the date of interview. It is not that Ph.D. has been equated with NET or SLET qualification. It is only that this essential qualification which was relaxed initially for those who held Ph.D. and subsequently for those who had been registered upto 31.5.2009. Such candidates were still required to clear the Ph.D. Degree till the date of interview. The petitioner earlier was considered eligible since she was registered for Ph.D. Since the petitioner has not been able to acquire Ph.D. Degree by the date of interview, she cannot be considered eligible as she was not NET qualified at the time of making application, which was in the year 2009. She has qualified NET in 2011 only. The petitioner was not eligible for consideration and was so considered only due to exemption clause. To become eligible, she has to qualify Ph.D. The date for qualifying in NET was never extended. I do not find any arbitrariness or discrimination in the action taken by the respondents, which would call for interference.
The writ petition is accordingly dismissed.
September 21, 2011 ( RANJIT SINGH ) ramesh JUDGE