Calcutta High Court (Appellete Side)
Dr. Gopa Chakraborty vs Jadavpur University & Ors on 26 August, 2011
Author: Tapen Sen
Bench: Tapen Sen
1
8.2011 W.P. No. 6944 (W) of 2011
Dr. Gopa Chakraborty ... ... Petitioner
-Versus-
Jadavpur University & Ors. ... Respondents
Mr. Joytosh Mazumdar, Mr. Siddhartha Ghosh, Mr. Sirsanya Bandopadhyay, .. For the Petitioner Mr. Sohanlal Hazra, Mr. Debabrata Roy .. For the University Heard the parties.
The Petitioner submits that the action of the Respondents, in their Employment Notification dated 15.3.2011 mentioned that candidates who are or have been awarded Ph.D. Degree in accordance with the UGC Regulations of 2009, shall be exempted from the requirement of having passed NET/SLET/SET. Learned Counsel submits that the Jadavpur University have totally ignored the relaxation which was given in the 472ND Meeting of the University Grants Commission held on 27th September, 2010 (page 86 of the Writ Petition) whereby and whereunder it was resolved as follows :
"The Commission further resolved that since both the above mentioned Regulations are prospective and not retrospective in nature, therefore, all candidates having M.Phil degree on or before 10th July, 2009 shall remain exempted from the requirement of NET for the purpose of appointment as lecturer/Assistant professor. Further, all candidates who have either obtained Ph.D degree on or before 31st December, 2009 and candidates who had registered themselves for Ph.D degree on or before 10th July, 2009 and are subsequently awarded Ph.D degree, shall remain exempted from the requirement of NET for the purpose of appointment as Lecturer/Assistant Professor".
Learned Counsel for the Petitioner submits that she is a Ph.D-holder of 2008 and therefore is entitled to be considered for appointment.
Considering the aforementioned facts and grievances mentioned and submitted in Court, no useful purpose will be served in keeping this Writ Petition pending before this Court because the 2 University Grants Commission has framed Regulations which must be complied with by all including the Jadavpur University.
Under the circumstances, the Writ Petition is disposed of with a direction upon the Jadavpur University to strictly abide by all Regulations/Modifications/Relaxations/Restrictions that have been issued by the University Grants Commission.
Needless to say that the case of the Petitioner shall also be considered provided she applies and is eligible.
With the aforesaid observations and directions, the Writ Petition stands disposed of. If urgent certified copy of this Order, duly photocopied, is applied for by the parties, the same should be given expeditiously.
( Tapen Sen, J. )