Document Fragment View

Matching Fragments

The issues which were raised in these cases are identical with the present issue raised before us. In these cases, the issue which is presently under our consideration is as to whether the persons who have completed Ph. D. course prior to the enforcement of UGC (Minimum Standards and Procedure for Awarding M. Phil/Ph. D. Degree) Regulation, 2009 dated 1.6.2009 notified on 11.07.2009, can be considered for grant of such exemption by applying the said Regulation of 2006 or not?

In the Allahabad Judgment it was held by Their Lordships that the persons who were registered or have completed the Ph.D. course prior to 11th July, 2009 cannot be subjected to hostile and invidious discrimination. It was further held therein that their Ph.D. Degree have to be taken into consideration for the purpose of considering exemption from NET/SLET for appointment as Lecturer/Assistant Director in the University Sports Board of Banaras Hindu University upto the date of enforcement of UGC Regulation, 2009 as the said Regulation was given effect prospectively from the date of notification i.e., 11th July, 2009.

(2) The UGC shall notify the date or dates from which exemption from qualifying in NET/SLET in respect of Universities/Institutions deemed to be Universities as well as the discipline for which such exemption is being granted only on the recommendations of a committee of Experts to be constituted by the Commission and that the experts shall be persons of high eminence in the respective disciplines for which the persons possessing Ph.D. are considered for exemption from qualifying NET/SLET.
(3) The UGC shall not give any blanket or general exemption from NET/SLET to any University/Institution deemed to be University unless the degree of Ph.D. awarded by it in all disciplines or programmes meet the same level of rigour in terms of standards and quality as laid down by the Commission for each discipline under the regulations for the purpose, and that exemption from NET/SLET in respect of Ph.D. awarded by any University/Institution deemed to be University or to one or more of its programmes/ disciplines in respect of such Ph.D. shall be further subject to the University/Institution continuing to comply with the regulations of the UGC and shall be open to review or reconsideration by the Commission; and, such exemption shall be withdrawn in any or all disciplines or in respect of an award of Ph.D. to any person or persons, where the Commission has, on the basis of any inquiry conducted by it suo motu, reasons to believe that there has been deviation from or violation of the procedure prescribed by Commission."