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Central Information Commission

Poonam Mishra vs University Grants Commission on 20 March, 2017

                       Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place,
                            New Delhi-110066
                            website-cic.gov.in

                        Case No. CIC/CC/A/2014/000050/MP

     Appellant                     : Ms. Poonam Mishra, Mirzapur.

     Public Authority              : University Grants Commission, New Delhi.

     Date of Hearing               : 23rd February, 2017

     Date of Decision              : 17th March, 2017

     Present
     Appellant                     : Not present.

     Respondent                    : Ms. Ritu Oberoi, Under Secretary & Ms.
                                     Manju Nagpal, SO at CIC.

     RTI application               :   08.03.2014
     CPIO's reply                  :   21.04.2014
     First Appeal                  :   01.05.2014
     FAA's order                   :   16.06.2014
     Appeal                        :   07.08.2014

     Information Commissioner : Manjula Prasher

                                       ORDER

1. The appellant, Ms. Poonam Mishra submitted RTI application before the Central Public Information Officer (CPIO), University Grants Commission (UGC), New Delhi stating that she had done M. Phil from Riwa University, MP and sought to know whether she was exempted from appearing in NET examination for recruitment to the post of Assistant Professor as per UGC Guidelines 2009.

2. The CPIO intimated the appellant that as per clause 4.4.1 of UGC Guidelines 2010 the candidates who are, or have been awarded a Ph. D Degree in accordance with the UGC (Minimum Standards and Procedure for Award of Ph.D Degree) Regulations, 2009, shall be exempted from the requirement of CIC/CC/A/2014/000050/MP 1 minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/ Institutions.. Dissatisfied with the decision of the CPIO, the appellant approached the first appellate authority (FAA), who concurred with the decision of the CPIO.

3. Being aggrieved the appellant approached the Commission stating that the FAA only mentioned about Ph. D and not about exemption available in case of M. Phil.

4. The matter was heard by the Commission. The appellant was not present in spite of a notice of hearing having been sent to her. The respondents stated that the CPIO replied to the appellant that there was no exemption for M. Phil candidates from NET examination for recruitment to the post of Assistant Professors or equivalent positions in Universities/Colleges/Institutions. They stated that as per clause 4.4.1 of UGC Regulations on Minimum Qualification for Appointment of Teachers and other academic staff in Universities and Colleges and Measures for the maintenance of standards in higher education, 2010 stipulates "(i) Good academic record as defined by the concerned university with at least 55% marks at the Master's Degree level in a relevant subject from an Indian University or an equivalent degree from an accredited foreign university;

(ii) Besides, fulfilling the above qualifications, the candidate must have cleared 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-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 disciplines for which NET/SLET/SET is not conducted." They added that the UGC guidelines were also available on their website www.ugc.ac.in.

5. Having considered the submissions of the respondents and perused the relevant documents in file, the Commission observes that the CPIO had appropriately responded to the appellant. The appeal is disposed of.

(Manjula Prasher) Information Commissioner Authenticated true copy:

Deputy Registrar Address of the parties:

Ms. Poonam Mishra, The Central Public Information Officer, W/O Shri Vinod Kumar Mishra, University Grants Commission, Police Line (Near Parade Ground), Bahadur Shah Zafar Marg, Tarkapur City, New Delhi-110002. Distt. Mirzapur (U.P) The First Appellate Authority, University Grants Commission, Bahadur Shah Zafar Marg, New Delhi-110002.