Indian Kanoon - Search engine for Indian Law

18. In Vinay Kumar v. State of Punjab and Ors., AIR 1994 SC 265, it was held that part time lecturers working for more hours every day as compared to regularly appointed lecturers are entitled to minimum pay scale prescribed for regularly appointed lecturers.

19. In our opinion, the stand of the respondent that the petitioner did not possess the minimum qualification at the time of initial appointment and on 22.11.1991 appears to be incorrect as according to the University Statute 11.01 (7) as on 17.9.1989, the requirement of Ph.D. was optional and any candidate appointed could obtain the said degree within five years. The advertisement issued in 1991 by the University vide Annexure-R.A. 2 for filling up the two posts of Home Science required only M.Sc. with 55% minimum marks and good academic record. The petitioner possessed the said qualification vide Annexure-R.A. 6. NET was made compulsory only after 1991 when regulations were framed by the U.G.C. The University adopted the same only subsequently and only in the advertisement issued in 1995 was NET required vide Annexure-R.A. 4. The petitioner was awarded Ph.D. in 1996 and cleared NET in 2001. The U.G.C. vide its 1998 Regulation has made NET optional for Ph.D. Moreover, the Calcutta High Court in Writ Petition No. 12593 (W) of 2000, Narayan Chandra Jana v. Union of India, decided on 28.9.2001, has struck down the NET requirements and we respectfully agree with the Judgment of the Calcutta High Court. It was urged by the respondent's counsel that the decision of the Calcutta High Court will not be applicable in U. P. as here the NET requirement is by the University Statutes. This argument is based on a misconception. The University statute is based on the U.G.C. guidelines, and since the U.G.C. guidelines have been struck down by the Calcutta High Court, the very basis of the Statute has gone, and it too becomes arbitrary, and is illegal.