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Showing contexts for: NET compulsory in Roopakala Prasad vs The University Grants Commission on 17 December, 2012Matching 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 candidate who have completed M.Phil degree or have submitted Ph.D. Thesis in the concerned subject up to 31st December, 1993 are exempted for appearing in the NET examination."
The note therein is important which shows that NET is a compulsory requirement for appointment as Lecturer. Therefore, the candidate will have to clear NET as evident from para 1.3.3. The UGC and CISR have to conduct the same also.
4. Ext.P1 is the notification issued by the third respondent UGC. There are three papers, and all of them consisted of only objective type questions. The minimum marks to be obtained by the candidates for papers 1, 2 and 3 are as shown below:
W.P.(C).No.22187/2012, etc. Category Paper-I, Paper-II Paper-III General 40 (40%) 40 (40%) 75 (50%) OBC(Non-creamy layer) 35 (35%) 35 (35%) 67.5 (45%) (rounded off to 68) PH/VH/SC/ST 35 (35%) 35 (35%) 60 (40%) The scheme of examination is contained in Ext.P2 and going by the same, for the Ist paper the total mark is 100, for the IInd paper also the same is 100 and for IIIrd paper it is 150. For the first paper, out of 60 questions, 50 questions will have to be attempted, for the second paper, there are 50 questions and all of them are compulsory and for paper 3, there are 75 questions and all are compulsory. The duration of hours of examination is 1 = hours each for papers 1 and 2 and 2 = hours for paper 3 which are conducted in sessions 1 and 2 respectively.
W.P.(C).No.22187/2012, etc.
24. Before we come to the said point, it can be seen that under the various Circulars, the UGC has fixed a minimum qualification and what is prevalent now is regulation 2000. The same has been issued in super session of the regulations issued in 1983, 1991 as well as a notification of the year 1985 and that of the year 1988. Para.1.3.3 and the Note have already been noted in para 3 above.
25. Apart from the academic qualification, wherein atleast 55% of the marks or an equivalent grade is fixed, that also at Masters Degree level, what is provided further is that "candidates should have cleared the eligibility test (NET)". Going by the note, NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D Degree and exemptions have been given therein. When we come to the Scheme of the Act, Sections 12, 14, 25 and 26 are important. Section 25 confers power to make rules and Section 26 confers power to make regulations. Section 2 defines Commission as the University Grants Commission established under Section 4. Chapter III defines the powers and functions of the Commission under Section 12. Section 12 of course makes it a general duty on the Commission to take such steps in consultation with the University and other bodies concerned as it may deem W.P.(C).No.22187/2012, etc. fit for the promotion and co-ordination of University education and for the determination and maintenance of "standards of teaching, examination and research" in Universities. The important limb under the regulation making power is evidently sub clauses (e), (f) and (g) of Section 26 (1) which are given below: