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10.Counsel for the petitioners would submit that there is no question of consuming the higher degree i.e. Ph.D against eligibility i.e. clearance of NET/SLET/SET. Clearing NET/SLET/SET is not a qualification. A postgraduate who has cleared NET/SLET/SET becomes eligible, in absence whereof postgraduate is not eligible. A candidate who possesses Ph.D degree is exempted from the requirement of clearing NET/SLET/SET, therefore, degree of Ph.D cannot be consumed against the requirement of NET/SLET/SET. The exemption is exemption entitling a Ph.D degree holder to be eligible to compete for the post of Assistant Professor without having cleared NET/SLET/SET. According to learned counsel, basic qualification is post-graduation, the higher qualification entitles the petitioners to the award of additional 06 points.

11.In the reply filed by the respondent Commission, it has been made clear as to under what circumstances, 06 additional points for higher qualification could be awarded. Very simple, in case petitioners would have cleared the SET, in that eventuality they were entitled to additional 06 points for possessing Ph.D degree. Once they have not cleared SET, their higher degree of Ph.D in effect, has been consumed for eligibility. A postgraduate in absence of NET/SLET/SET is ineligible. For a postgraduate, clearing of said test has no substitute whereas for the candidate possessing Ph.D qualification, exemption as against NET/SLET/SET makes him eligible. If the submission of learned counsel for the petitioners is accepted that even though on the basis of Ph.D degree there is exemption, still for higher qualification 06 points are awardable, then it is equally true, why a postgraduate having also cleared NET/SLET/SET shall not be entitled to additional points.