Madhya Pradesh High Court
Kishan Pawar vs Higher Education Department on 7 February, 2018
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
W.P.No.1762/2018
Kishan Pawar & ors. vs.State of M.P. & ors.
Indore
07.02.2018
Shri Umesh Manshore, learned Counsel for the petitioners.
Shri H.Y.Mehta, learned GA and Shri Choube, learned Counsel for the
respondent/State.
The petitioners have filed the present petition being aggrieved by the action of the respondents by which M.Phil Degree has not been provided as minimum educational qualification for the post of Assistant Professors in the examination being conducted by the M.P.P.S.C. Vide advertisement dt. 12.12.2017 M.P.P.S.C. has invited applications for the post of Assistant Professors in various subjects. The petitioners are having M.Phil Degree filed the present petition seeking direction against the respondents that they be permitted to participate in the examination on the basis of M.Phil Degree.
Similar issue came up for consideration before the Principal Seat of this Bench in W.P. No. 2102/2018 vide order dt. 31.1.2018. The Division Bench has dismissed the writ petition. The operative part of the order is reproduced below:-
The Clause printed in bold is in two parts. First part is the award of Degree to candidates registered for the M.Phil/Ph.D.Degree prior to July 11,2009. Such Degrees, granted in terms of the provisions of the then existing Ordinances/By Laws/Regulations of the Institution awarding the Degrees are valid. Thus in terms of such Clause, M.Phil Degree granted to the petitioner would be a valid Degree as it has been granted by the existing provisions of the Barkatullah University in the State of Madhya Pradesh. However, second part is in respect of exemption from requirement of minimum eligibility condition of NET, SLET or SET for recruitment and appointment of Assistant Professor. Such exemption is only to Ph.D. Degree holder candidates. Admittedly, the petitioner is neither registered for Ph. D. Degree prior to July 11, 2009 nor is Ph.D Degree Holder. Therefore, M.Phil Degree awarded to the petitioner is a valid Degree, but he is not exempt from the requirement of minimum eligibility condition of qualifying NET/SLET/SET for recruitment and appointment as Assistant Professor.
In view thereof, we do not find any merit in the present writ petition. The same is dismissed.
In view of the above, the present petition is also dismissed.
(Vivek Rusia)
M.Jilla. Judge
Maharukh jilla
2018.02.09
16:15:06 +05'30'