Document Fragment View

Matching Fragments

" There are counter claims being made with regard to the advertised qualification. According to Mr. Mehtani, learned counsel for Haryana Public Service Commission Advertisement No. 7 (Mark 'A') was issued with Note:1 (a), which reads as under:-
"NET/SLET shall remain the minimum eligibility condition for recruitment and appointment of Lecturer in Colleges.
Provided that the candidates who have acquired Ph.D Degree upto 31st May 2009 are exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment to the posts of Lecturers of equivalent positions in Colleges provided further that those candidates who were enrolled for Ph.D degree upto 31 May, 2009 shall also become eligible for exemption from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment to the posts of Lecturers or equivalent position in Colleges only on acquisition of Ph.D Degree."

It is noticed from the perusal of the aforesaid note that candidates who have acquired Ph.D Degree up to 31.5.2009 was not required to fulfill the minimum eligibility condition of NET/SLET for recruitment and appointment to the post of Lecturer or equivalent position in Colleges. The advertisement further clarifies that those candidates who were enrolled for Ph.D. Degree up to 31.5.2009 shall become eligible for exemption from fulfilling the condition of NET/SLET only on acquisition of Ph.D. Degree. According to Mr. Mehtani, the corrigendum dated 26.7.2011 only made one clarification namely, that those who have acquired Ph.D. Degree by the date of the interview would be eligible otherwise they will loose the benefit.

Keeping in view the aforesaid claim and counter claim made by counsel for the parties, we direct the Haryana Public Service Commission through its counsel to produce the original record and copy of the advertisement as appeared in the newspaper."

5. A perusal of the aforesaid order would show that the candidates who have acquired Ph.D. degree by 31.5.2009 were exempted from the requirement of minimum eligibility condition of NET/SLET for recruitment/appointment to the posts of Lecturers or equivalent position in colleges. However, the advertisement produced by the learned counsel for the Commission further clarified that those who are registered for Ph.D. degree up to 31.5.2009 have also been made eligible for exemption from the requirement of fulfilling the minimum eligibility condition of NET/SLET for recruitment and appointment to the posts of Lecturers or equivalent position in colleges only on acquisition of Ph.D. degree. The later part is claimed to be missing from the advertisement produced by the petitioner- appellant, which make even those persons eligible who are registered for Ph.D. degree up to 31.5.2009 and have also been held eligible for exemption from the requirement of minimum eligibility condition of NET/SLET provided they acquire the Ph.D. degree. As a consequence, the petitioner-appellant could claim and argued that if the registration of Ph.D. on or before 31.5.2009 was the eligibility made by the corrigendum then he was entitled to be treated alike the candidates belonging to SC/ST category for whom another corrigendum was issued and their last date of submitting the application was extended to 8.8.2011.