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Showing contexts for: NET/SLET EXEMPTION in Dr. Hemam Sunita Devi vs ) The State Of Assam And 7 Ors on 7 March, 2024Matching Fragments
23. Coming to the writ petition being WP(C) 5227/2017, learned Senior Counsel appearing for the petitioner (Dr. Doli Talukdar) while referring to the Notification dated 22.03.2017 submits that the exemption for having Page No.# 14/32 NET/SLET/SET for appointment to the post of Assistant Professor, who obtained M.Phil degree on or before 10.07.2009 and Ph.D degree has been withdrawn w.e.f the date of issue of the said notification, meaning thereby till the issuance of the notification dated 22.03.2017, the exemption of having NET/SLET for appointment to the post of Assistant Professor, who obtained M.phil/Ph.D degree was in force while the selection process was under taken. The petitioner having obtained her M.Phil degree on 16.02.2009, she was very much eligible and qualified for the post of Assistant Professor. Therefore, the observation and the conclusion by the Director of Higher Education, Assam vide speaking order dated 14.12.2016 that the Dr. Doli Talukdar does not have NET/SLET and she has been allowed to participate on her strength of Ph.D notified on 19.05.2016 is factually incorrect. The petitioner is eligible as she is having a M.Phil degree obtained on or before 10.07.2009 and the exemption of NET/SLET/SET was in force, which is clearly mentioned in the advertisement dated 23.12.2015.
41. The above notification provides that the Government notification issued vide dated 01.01.2011 exempting from NET/SLET for appointment to the post of Assistant Professor/Librarian, who obtained M.Phil/Ph.D degree on or before 10.07.2009 to the effect that the UGC vide dated 22.12.2012 clarified that such resolution were not concurred by the Ministry of Human Resource Department, Govt. of India and were not given any force and notification was not in conformity with the UGC regulation in force that time and even now, hence, the notification is withdrawn w.e.f. date of issue of notification i.e. dated 22.03.2017. In my considered view if the exemption was not concurred by the Ministry of Human Resources Development, Govt. of India and were not given any force and was not in conformity of the UGC guidelines in force at that time and even now, the exemption of requirement of NET/SLET stands obliterated by such notification. However, since the aforesaid notification is with effect from date of the issuance i.e. 22.03.2017, it can be construed that the aforesaid notification was in force at the time of selection process. Any exemption before the notification cannot be held to be invalid as no fault can be attributed to candidates on such exemption. Moreso, its effect is prospective.