Rajasthan High Court - Jodhpur
& Ors vs University Grants Commission & Ors on 19 August, 2015
Author: Sunil Ambwani
Bench: Sunil Ambwani
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
(1) D.B.Civil Writ Petition No. 148/2013
(2) D.B.Civil Writ Petition No. 221/2013
(3) D.B.Civil Writ Petition No. 231/2013
(4) D.B.Civil Writ Petition No. 232/2013
(5) D.B.Civil Writ Petition No. 233/2013
(6) D.B.Civil Writ Petition No. 234/2013
(7) D.B.Civil Writ Petition No. 315/2013
(8) D.B.Civil Writ Petition No. 388/2013
(9) D.B.Civil Writ Petition No. 391/2013
(10)D.B.Civil Writ Petition No. 438/2013
(11)D.B.Civil Writ Petition No. 439/2013
(12)D.B.Civil Writ Petition No. 466/2013
(13)D.B.Civil Writ Petition No. 468/2013
(14)D.B.Civil Writ Petition No. 469/2013
(15)D.B.Civil Writ Petition No. 470/2013
(16)D.B.Civil Writ Petition No. 499/2013
(17)D.B.Civil Writ Petition No. 1046/2013
(18)D.B.Civil Writ Petition No. 1135/2013
(19)D.B.Civil Writ Petition No. 1157/2013
(20)D.B.Civil Writ Petition No. 1334/2013
DATE OF ORDER: 19.08.2015
HON'BLE THE CHIEF JUSTICE MR.SUNIL AMBWANI
HON'BLE MR.JUSTICE AJIT SINGH
Mr.Nihar Jain Dr.Nupur Bhati Mr.Manoj Bhandari Mr.Harish Purohit Dr.AA Bhansali Mr.Ravi Panwar Mr.Ravi Bhansali ) for the petitioners. Mr.M.S.Singhvi, Sr.Adv., with Dr.Sachin Acharya Mr.Deepak Chandak Mr.Abhishek Mehta Mr.M.R.Singhvi, Sr.Adv., with Mr.Mohit Singhvi Mr.AK Rajvanshy Mr.P.R.Singh Mr.Vikas Balia Mr.Arpit Bhoot Mr.Girish Joshi ) for the respondents.
All these writ petitions have been filed by the candidates with Ph.D. Degrees in their respective subjects challenging their 2 exclusion from shortlisting of the candidates for the purpose of selection for the post of Assistant Professors in pursuance to the advertisement No.74/2011-12 issued in the month of November, 2011, for which the selections started in December, 2012 and concluded in January, 2013.
A preliminary objection has been taken by Mr.M.S.Singhvi, Sr.Advocate, appearing on behalf of the JNV University that the petitions are not maintainable on the ground that petitioners, in view of the judgment of the Hon'ble Supreme Court in P.Suseela & ors. vs. University Grants Commission & ors., arising out of SLP (Civil) Nos.36023-36032 of 2010, decided on March 16, 2015, were not eligible to apply for the selections. They did not possess the qualification of NET/SLET/SET and were not eligible to appear in the interview in view of the qualification provided in the University Grants Commission Regulations (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) (the third Amendment) Regulations, 2009. They have also not impleaded the persons, who have been selected; given appointments; and are serving for more than two years, whether they possessed or did not possess the NET/SLET/SET qualifications, prescribed by the Regulations of 2009.
It is submitted that almost all the questions raised are covered by the judgment of the Hon'ble Supreme Court in P.Suseela's case (supra) and, thus, the petitioners, not possessing NET/SLET/SET qualifications, were not eligible to apply for the selections, nor they can challenge the selections. As 3 a result, no relief can be granted to them.
The petitioners have not cared to implead the persons, who were selected on the posts, for which they had applied, despite opportunity given to them by the order of the Court dated 14.11.2014.
We uphold the preliminary objection, raised by Mr.M.S.Singhvi, Sr.Advocate, appearing for the JNV University and find that the writ petitions, in view of the fact that the petitioners were not eligible to participate in the selections, are not maintainable at their instance and petitions are also not maintainable for non-impleadment of the teachers selected and serving for more than two years.
A copy of this order be placed in all the connected matters.
(AJIT SINGH), J. (SUNIL AMBWANI), C.J. RANKAWAT JK, D.R.