Document Fragment View
Fragment Information
Showing contexts for: net/slet in Rajeev And Another vs State Of Haryana And Others on 19 February, 2014Matching Fragments
Provided further that NET/SLET Provided further that NET/SLET shall not be required for such shall not be required for such Master's programmes in Master's programmes in disciplines for which there is no disciplines for which there is no NET/SLET." NET/SLET."
It is grievance of the petitioner that despite relaxation of not passing eligibility test granted by the University Grants Commission (for short 'the Commission') under the University Grants Commission Act, 1956 (for short 'the Act') for those who have Ph.D. degrees to their credit, the contrary eligibility condition of passing eligibility test has been laid down by the above said notification. Further challenge has been made to the advertisement inviting applications for the post of Lecturers in various subjects issued on 24.01.2014 in which besides other conditions, passing of eligibility test is one of the criteria. As per above advertisement for the post of Assistant Professor in all subjects, good academic record with at least 55% of the marks or an equivalent grade of B in the 7 point scale with letter grades O, A,B,C, D, E and F at the Master's Degree level is necessary qualification in the relevant subjects. The knowledge of Hindi/ Sanskrit upto Matric standard is also necessary. Besides the conditions for entry in service as above, it is CWP No. 2386 of 2014 and other connected cases provided that National Eligibility Test (NET) and State Level Eligibility Test (SLET) shall remain minimum eligibility condition for recruitment and appointment for the post of Assistant Professors in Colleges. Proviso states that NET/SLET shall not be required for such Master Programme in the subject for which the NET or SLET is not conducted.
ii. Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET.
Iii. Notwithstanding anything contained in sub- CWP No. 2386 of 2014 and other connected cases clauses (i) and (ii) to this clause 4.4.1 candidates, who are, or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009 shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/ Institutions.
iv. NET/SLET/SET shall also not be required for such Masters Programmes in discipline for which NET/SLET/ is not conducted."
In the above said Regulations, it is provided that necessary qualification of passing the eligibility test is not mandatory in the case of those who have Ph.D. degree to their credit and they shall be exempted from passing the eligibility test.
"20. The only difference is that UGC has now framed Regulations, 2009, as noted above. Regulation-2 thereof also provides that these Regulations shall apply to every University established or incorporated by or under a Central Act, Provincial Act or a State Act, every CWP No. 2386 of 2014 and other connected cases Institution including a constituent or an affiliated College recognized by the Commission, in consultation with the University concerned under clause(f) of Section 2 of the UGC Act and every Institution deemed to be a University under Section 3 of the said Act. These regulations are also framed in exercise of powers conferred on it by Clauses (e) and (g) of sub-section (1) of Section 26 of the UGC Act which have been amended vide University Grants Commission (Minimum Qualifications required for the appointment and Career Advancement of teachers in Universities and Institutions affiliated to it) (3rd Amendment) Regulation, 2009. As per these Regulations, those candidates who are or have been awarded Ph.D. degrees in compliance of the Regulations, 2009 are to be exempted from requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/institutions. It is not in dispute that all these petitioners have obtained Ph.D. degrees in compliance with Regulation, 2009. Following the ratio of University of Delhi vs. Raj Singh (supra) and Neeraja Malik (supra), such Regulations have a binding effect.