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Showing contexts for: ph.d in The State Of Madhya Pradesh And Ors. vs Manoj Sharma And Ors. on 25 January, 2018Matching Fragments
Besides fulfilling the above qualifications, candidates should have cleared the eligibility test (NET) for lecturers conducted by the UGC, CSIR or similar test accredited by the UGC.
Note: NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D. degree. However, the candidates who have completed M. Phil. Degree or have submitted Ph.D. thesis in the concerned subject up to 31st December, 1993, are exempted from appearing in the NET examination.”
16. As noted above, the abovementioned regulations were amended and amendments dated 11.7.2009 were relevant whereas the note as contained in Regulation 1.3.3 was substituted by following:
“NET/SLET shall remain the minimum eligibility condition for recruitment and appointment of Lecturers in Universities /Colleges/Institutions.
Provided, however, that candidates, who are or have been awarded Ph.D. Degree in compliance of the “University Grants Commission(minimum standards and procedure for award of Ph.D Degree), Regulation 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges /Institutions.”
17. It has to be noticed that the amendment as made in the minimum qualification, now provides that the exemption from NET shall be given to the Ph.D. degree holders, only when Ph.D. degree has been awarded to them in compliance with the Regulations 2009 of UGC (Minimum Standards and Procedure). The above provision thus, made it mandatory that for lecturers NET qualification is necessary and exemption shall be granted to those Ph.D. degree holders who have obtained Ph.D. degree in accordance with the Regulations 2009 of UGC (Minimum Standards and Procedure). The purpose and object of the above amendments in both Regulations 2009 of UGC (Minimum Standards and Procedure) as well as Regulations 2009 of UGC (Minimum Qualifications for Appointment) is not far to seek. There has been challenge to amendments made in Regulations 2009 of UGC (Minimum Qualifications for Appointment)in so far as it denied the benefit to Ph.D degree holders who had obtained Ph.D prior to 11.7.2009. Writ Petitions were filed in different High Courts challenging the regulations on different grounds including that regulations are arbitrary and violative of Article 14 which discriminate the Ph.D. degree holders who have obtained Ph.D. degree prior to 11.7.2009 and those who obtained the degree after 11.7.2009 in accordance with Regulations 2009 of UGC on Minimum Standards and Procedure.
20. Thus, from the above judgment, it is clear that NET qualification is now minimum qualification for appointment of Lecturer and exemption granted to M.Phil. degree holders have been withdrawn and exemption is allowed only to those Ph.D. degree holders who have obtained the Ph.D. degree in accordance with 11.7.2009 regulations, namely, Regulations 2009 of UGC (Minimum Standards and Procedure). Although, this aspect has not been noticed by the High Court but since the learned Single Judge has directed the consideration of the case of the writ petitioner on the basis of M.Phil. degree which was obtained by them by distance education mode prior to 2009, it is necessary that their eligibility for the post be examined taking into consideration the Regulations 2009 of UGC (Minimum Qualifications for Appointment). The advertisement and selection for Guest Lecturers having been conducted in the year 2012 when both the Regulations 2009 of UGC (Minimum Standards and Procedure) and Regulations 2009 of UGC(Minimum Qualifications for Appointment) were applicable.