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5. Aggrieved of Advertisement Notice no.01 of 2017 dated 13 th March 2017,to the extent that prescribed Ph.D. Degree as qualification for the post of Assistant Professor-cum-Junior Scientist in the Faculty of Fisheries, the appellants/writ petitioners preferred a writ petition, being SWP no.721/2017 titled Irfan Ahmad Bhat and others v. SKUAST and others.

5.1 The case set up by the writ petitioners/appellant before learned Writ Court, as is apparent from the record,is that they have qualified B.F.Sc and have also done Post Graduation Degree in Fisheries, viz. Masters of Fisheries Science. They have also passed National Eligibility Test (for short "NET") conducted by Agricultural Scientists Recruitment Board. Their claim is that Bachelors in Fisheries Science, done by them is Four Years‟ Course and as such a Professional Degree as clarified by Indian Council of Agricultural Research (for brevity "ICAR") and the said Degree is altogether different from the Degrees having Three Years‟ Course. 5.2 Appellants/writ petitioners also maintain in their writ petition that qualification prescribed for the post of Assistant Professor by University Grants Commission(for short "UGC") is good academic record with at least 55% marks (or an equivalent grading in point scale wherever grading system is followed) at the Master‟s Degree Level in the relevant subject or an equivalent degree from an Indian Foreign University, besides fulfilling the qualification, the candidates must have cleared NET for Lecturers conducted by UGC, CSSIR or similar test conducted by UGC. In contradiction to qualification prescribed by UGC, writ petitioners assert that SKUAST, while issuing Advertisement Notice no.03 of 2016 dated 10th October, 2016, invited applications for filling up the posts in Faculty of Fisheries, Rangil, Ganderbal, including Assistant Professor-cum-Junior Scientist, has laid different qualifications therefor. 5.3 It is also assertion of appellants/writ petitioners in their writ petition that they represented against Advertisement Notice no.03 of 2016 dated 10th October 2016 before Deputy Director General (Fisheries Science), KrishiAnusandhanBhawan-II, New Delhi. That apart, writ petitioners also claim to have represented to respondent no.1 and as a sequence of which, Corrigendum dated 25th October 2016 was issued, deleting post of Assistant Professor-cum-Junior Scientist from Notification no.03 of 2016 dated 10th October 2016. ICAR vide letter dated 9th March 2017 is stated to have informed Vice Chancellors of all Universities that competent authority in ICAR, consequent upon Notification of UGC published in the Gazette of India on 11 th July 2016 for NET exemption to the candidates registered as Ph.D. Programme prior to 11th July 2009, approved NET essentiality for recruitment to the post of Assistant Professor and equivalent in disciplines, in which NET is conducted, for candidates registered for Ph.D. Degree prior to 11th July 2009, shall be exempted subject to the condition that Ph.D. Degree of a candidate is awarded in regular mode only; evaluation of Ph.D. thesis by, at least, two external examiners; open Ph.D. Viva Voce of candidate had been conducted; candidate has published two research papers from his/her Ph.D. work out of which at least one must be in referred journal; candidate has made two presentations in conference/seminars, based on his/her Ph.D. work. According to writ petitioners, aforesaid Notification has been issued only qua those candidates who qualified Ph.D. prior to 11 th July 2009 and for other candidates NET is compulsory to be qualified for being eligible for the post of Assistant Professor. Nevertheless, SKUAST, it is asserted, invited applications vide Advertisement Notice no.01 of 2017 dated 13th March 2017, for the post of Assistant Professor in different disciplines of Aquatic Environmental Management/Fisheries Science. According to writ petitioners, qualification prescribed by SKUAST and Rules relating to Assistant Professor, are in derogation to UGC norms, with an intention to accommodate some blue-eyed persons against post in question.

10.12 The minimum requirements of a good academic record, 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master‟s level and qualifying in the National Eligibility Test (NET), or an accredited test (State Level Eligibility Test - SLET/SET), as is provided under Regulation 3.3.0, shall remain for the appointment of Assistant Professors. 10.13 While NET/SLET/SET shall remain minimum eligibility condition for recruitment and appointment of Assistant Professors in Universities/Colleges/Institutions, yet the candidates, who are or have been awarded Ph.D. Degree in accordance with UGC Regulations of 2009, shall be exempted from the requirement of minimum eligibility condition of NET/SLET/SET for recruitment and appointment to the post of Assistant Professor or equivalent positions, in Universities/ College/Institutions.

363. 10.16 Much has been averred on the topic of Regulation 4.4.1 of Regulations of 2010, both before learned Single Bench and Division Bench. By Regulation 4.4.1,minimum qualificationhad been recommended by UGC vis-à-vis the post of Assistant Professor, that isthus profitable to be reproduced infra:

"4.4.1. Arts, Humanities, Sciences, Social Sciences, Commerce, Education, Languages,Law, Journalism and Mass Communication i. Good academic record as defined by the concerned university with at least 55%marks (or an equivalent grade in a point scale wherever grading system is followed)at the Master‟s Degree level in a relevant subject from an Indian University, or anequivalent degree from an accredited foreign university.