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10.24 Submission of Mr AltafHaqani, representing respondent no.5, is that in terms of communication no.23(46)/2010-EQR(Edn) dated 26th December 2011, ICAR specifically waived off NET essentiality for candidates, holding Ph.D. Degree under UGC Regulations of 2009 and later communication dated 9th March 2017 as well provides for NET exemption for those candidates who were registered prior to UGC Regulations of 2009 dated 11th July 2009, subject to certain conditions. The said communication, it is contended, is in partial modification of earlier communication dated 26th December 2011 and that amendment / modification had been made in view of UGC Regulations of 2016 as by virtue of Regulation 3 of Regulations of 2016, UGC by way of amendment, inter alia, of proviso under Regulation 4.4.1 provided for exemption of NET/SLET/SET for recruitment and appointment to the post of Assistant Professor. Mr Haqani states that in Advertisement Notice in question, SKUAST has laid down same qualifications as were prescribed by ICAR in view of stipulations provided by Regulation 1.1.1 of UGC Regulations of 2010. Ph.D. Degree course prescribed by SKUAST is required to be appreciated by this Court, as said by Mr Haqani, in the context of objects/functions of SKUAST as laid down in Sections 5&6 of SKUAST Act 1982,envisaging advancement of learning and prosecution of research, which assignment could be discharged by a candidate having obtained doctoral degree based on research. Dispensation of NET by ICAR as also UGC also deserves to be appreciated in this context especially when the award thereof is not a qualification but only testifies passing of a test by a candidate which admittedly could not be a substitute to requirement of Ph.D. Degree. Mr Haqani, while referring to UGC Regulations of 2000, 2002, 2006, and 2009, has stated that the amending process in Regulations gradually reducing/removing essentiality of NET requirement as minimum qualification required for the post of Lecturer/Assistant Professor and consequential emphasis of possession of doctoral degree by the candidates, finally culminated as on date to the Notification of amendment Regulations 2016.

11.7 Submission of learned counsels, representing respondents, is that in terms of communication no.23(46)/2010-EQR(Edn) dated 26th December 2011, the ICAR has specifically waived off NET essentiality for the candidates, holding Ph.D. Degree under UGC Regulations of 2009 and later communication dated 9th March 2017 as well provides for NET exemption for those candidates who had been registered prior to UGC Regulations of 2009 dated 11 th July 2009, subject to certain conditions. The said communication is in partial modification of earlier communication dated 26th December 2011 and amendment/ modification has been made in view of UGC Regulations of 2016 as by virtue of Regulation 3 of Regulations of 2016, the UGC by way of amendment, inter alia, of proviso to Regulation 4.4.1has provided for exemption of NET/SLET/SET for recruitment and appointment to the post of Assistant Professor. In Advertisement Notice in question, SKUAST has laid down same qualifications as have been prescribed by ICAR in view of stipulations provided in Regulation 1.1.1 of UGC Regulations of 2010. The Ph.D. Degree course prescribed by SKUAST, is required to be appreciated by this Court, in the milieu of objects/functions of SKUAST as laid down in Sections 5&6 of SKUAST Act 1982, envisaging advancing of learning and prosecution of research, that assignment could be discharged by a candidate having obtained doctoral degree based on research and not by Post Graduate candidate. Dispensation of NET by ICAR as also UGC also deserves to be appreciated, in this respect, especially when the award thereof is not a qualification but only testifies passing of a test by a candidate which admittedly could not be a substitute to requirement of Ph.D. Degree.