Madhya Pradesh High Court
Chaturbhuj Ojha vs The State Of Madhya Pradesh Thr on 28 April, 2016
W.P.No.2627/2016
(1)
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
JUSTICE ROHIT ARYA
W.P. No.2627/2016
Chaturbhuj Ojha and others
Vs.
The state of M.P and others
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Shri N.S.Kirar, Advocate for the petitioner.
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ORDER
28/04/2016 By this petition, under Article 226 of the Constitution of India at the instance of contract teachers/Atitithi Vidvaan teaching in different colleges, challenge is made to the legality, validity and propriety of condition no.3 in advertisement dated 19/2/16 issued by the M.P. Public Service Commission inviting applications online for the posts of Assistant Professors in different subjects. One of the eligibility conditions under challenge viz. Clause No.3, reads as under:-
",Sls vH;FkhZ ftudks ;w-th-lh- fu;eu&2009 ds vuq:i ih-,p-Mh- fMxzh iznku gq;h gS] usV@LysV@lsV dh ik=rk 'krksZa dh vfuok;Zrk dh NwV gksxh A bl gsrq vH;fFkZ;ksa dks ik=rk la lacfU/kr vfHkys[kksa ds lkFk lacfU/kr fo'ofon;ky; ls tkjh ;g izek.k&i= izLrqr djuk vfuok;Z gksxk fds muds n~okjk /kkfjr ih-,p-Mh-] ;w-th-lh- fu;eu&2009 ds vuq:i dh x;h gS A"
2. Learned counsel for the petitioners contends that in the context of proposed syllabus for Ph.D/M.Phil under the UGC Regulations, 2009 and PSC advertisement dated 9/7/14, it has been clarified by letter dated 6/8/14 (Annexure P/6) issued by the Higher Education Department, that such candidates who have obtained Ph.D/M.Phil W.P.No.2627/2016 (2) degree or submitted their Ph.D between 1/6/2009 (the date on which UGC Regulation, 2009 has come into force) and 20/8/14 i.e. the last date of submission of application for appointment, but have not done the course work, such candidates may appear in the selection test, but shall be required to complete the course work before their candidature is considered for issuance of appointment letter. Learned counsel contends that once the State Government has permitted all such candidates having either qualified Ph.D./M.Phil or submitted Ph.D. for appearing in the selection test for appointment to the post of Assistant Professor, the condition stipulated in the subsequent advertisement under challenge i.e. requirement of submission of certificate from the University of having completed Ph.D. under the Regulations of 2009 by such candidates who have been awarded Ph.D. under the Regulations of 2009, is contrary to the State Government decision and even otherwise arbitrary in nature and, therefore, such condition being unreasonable cannot be allowed to exist for ascertaining the eligibility of candidates appearing in the selection test conducted by the PSC for appointment to the post of Assistant Professor. Learned counsel has also referred to Annexure P/3 dated 16/1/12 to contend that the candidates who have registered for Ph.D./M.Phil after 2009 are also treated at par with those candidates who have held the degree of Ph.D./M.Phil or submitted Ph.D./M.Phil as referred to above.
3. In exercise of powers conferred by clause (e) and (g) of subsection (1) of section 26 of the University Grants Commission Act, 1956 (3 of 1956, for short "the Act of 1956"), the UGC has made regulations known as University Grants Commission (Minimum Standards And Procedure For Awards Of M.Phil/Ph.D. Degree), Regulation, 2009 (hereinafter referred to as "UGC Regulation, 2009). These regulations are applicable to every University established or incorporated by or under the Central Act, Provincial Act or State Act, every Institution including a constituent or an affiliated College recognized by the Commission, in consultation with the University concerned under clause (1) of Section 2 of the Act of 1956 and every Institution deemed to be University under section 3 of the said Act. This regulation is undisputedly in operation since 2009 subsequent upon its W.P.No.2627/2016 (3) publication in the gazette of India. Rule 9 of the said Regulation provides for procedure for admission, whereunder it is provided that upon successfully passing the entrance test, eligible students are required to appear for interview and thereafter they are granted admission for M.Phil/Ph.D. programme. Under Regulation 12, provision has been made for allocation of Supervisor, whereby Suprevisors appointed under Regulation 6 are allocated to the students. Regulation 13 provides for course work and reads as under:-
"13. After having been admitted, each M.Phil/Ph.D. student shall be required by the Universities, Institutions, Deemed to be Universities and Colleges/Institutions of National Importance, as the case may be, to undertake course work for a minimum period of one semester. The course work shall be treated as pre M.Phil/Ph.D. preparation and must include a course on research methodology which may include quantitative methods and Computer Applications. It may also involve reviewing of published research in the relevant field. The individual Universities, Institutions, Deemed to be Universities and Colleges/Institutions of National Importance, as the case may be, shall decide the minimum qualifying requirement for allowing a student to proceed further with the writing of the dissertation. If found necessary, course work may be carried out by doctoral candidates in sister Departments/Institutes either within or outside the University for which due credit will be given to them."
Regulations 14 to 18 provide for evaluation and assessment methods. Regulation 14 inter alia provides that upon satisfactory completion of course work and research methodology, which shall form part and parcel of M.Phil/Ph.D. programme, the M.Phil/Ph.D. scholar shall undertake research work and produce a draft thesis within a reasonable time, as stipulated by the Institution concerned. Under regulations 15 and 16 provisions have been made for pre M.Phil/Ph.D. presentation prior to submission of thesis and requirement of publication of one research paper for Ph.D. candidates in a referred journal before the submission of thesis. Regulation 17 provides that upon submission of thesis by the M.Phil/Ph.D. student in the concerned Institution/Department or University, as the case may be, the same shall be evaluated by at least two experts, out of which at least one shall be from outside the State. Regulation 18 provides that on receipt of W.P.No.2627/2016 (4) satisfactory evaluation reports, M.Phil/Ph.D. students shall undergo a viva voice examination. Thereafter, degree of M.Phil/Ph.D. is awarded.
4. As such, for the purpose of award of M.Phil/Ph.D., requirement of completion of course work amongst others is mandatory. The Higher Education Department, State of M.P. in its communication dated 16/1/12 (Annexure P/3) addressed to Vice Chancellors of all Universities has reiterated the aforesaid mandatory requirement for award of M.Phil/Ph.D. after UGC Regulation, 2009 has come into force. It appears that on 6/8/14, the department of Higher Education, State of M.P., with reference to the aforesaid letter and in the context of advertisement issued by the PSC for appointments to the posts of Assistant Professors whereunder last date for submission of application was prescribed as 20/8/14, had decided that such students who obtained the degree of Ph.D/M.Phil during the period intervening 1/6/09 to 20/8/14 or have submitted their Ph.D. during the said period and have not completed the course work shall be required to complete the course work within the validity period of select list prepared by the PSC and only thereafter their candidature for appointment shall be considered. At this stage, it is appropriate to refer to relevant part of Schedule III referrable to Rule 8 of Educational Service (Collegiate Branch) Recruitment Rules, 1990. Rule 8 inter alia provides for conditions of eligibility of direct recruits and educational qualifications under clause (ii) thereof. For recruitment to the post of Assistant Professor, clause (c) which is relevant for this petition, provides as under:-
"(c) National Eligibility Test (NET) shall be compulsory qualification for appointment as Assistant Professor for those who are having only Post Graduate Degree. However, the candidates having Ph.D. Degree in the concerned subject are exempted from National Eligibility Test (NET) Examination for Post Graduate level and Under Graduate Level teaching. The candidate having M.Phil Degree in the concern subject is exempted from National Eligibility Test (NET) for Under Graduate Level only."
Condition of eligibility in the advertisement issued by the PSC (Annexure P/1) is in conformity with the eligibility condition provided for in Schedule III referred to above for the post of Assistant Professor.
W.P.No.2627/2016 (5)Petitioner has taken exception to the requirement of submission of certificate from University certifying award of degree of M.Phil/Ph.D. as per UGC Regulation, 2009. Contention of learned counsel for the petitioner that the aforesaid requirement in the advertisement (Annexure P/1) is arbitrary, unreasonable and violative of Article 14 of the Constitution, in the opinion of this Court is misdirected and misconceived. After coming into force of UGC Regulation, 2009, the Universities, Colleges, Institutions etc. to which the Regulations are applicable as provided for under Regulation 2, are to award degree of Ph.D./M.Phil to successful students only in accordance with Regulation, 2009. Therefore, aspiring candidates for the post of Assistant Professor are required to have the Ph.D./M.Phil as per UGC Regulation, 2009 if they wish to seek exemption from NET/SLET/SAT. If under the advertisement, the petitioners are required to submit certificate from the concerning University of having obtained the degree of Ph.D./M.Phil under Regulation, 2009, in the opinion of this Court, such condition cannot be assailed as arbitrary or illegal and in no way can be termed as violative of Article 14 of the Constitution. Reliance of the petitioners on communication (Annexure P/6), in the opinion of this Court, is misplaced. The aforesaid communication dated 6/8/14, was with reference to advertisement issued on 9/7/14 and not in relation to the instant publication dated 19/2/16. At the outset, the said letter has no bearing to the advertisment dated 19/2/16 as referred to above. Even otherwise, UGC Regulation, 2009 are unambiguously clear and vivid whereunder awarding of degree of Ph.D./M.Phil is provided for only after completion of course work and after evaluation and assessment by prescribed committed/Board. The aforesaid requirement, in no way, can be given a go by while assessing the candidature of a candidate for taking entrance test for appointment to the post of Assistant Professor.
In view of the aforesaid, the petition sans merit and is, accordingly dismissed.
However, as averred by the petitioners in para 5(4) of the petition that they have already completed the mandatory course work, petitioners are set at liberty to apply to the concerned University for grant of certificate in question. If such an application is filed, this Court directs that in the event petitioners have done their Ph.d./M.Phil as per W.P.No.2627/2016 (6) UGC Regulations, 2009, the concerned University upon verification, shall issue certificates to enable the candidates to apply for the post of Assistant Professor in pursuance of advertisment (Annexure P/1).
(Rohit Arya) Judge (and)