Indian Kanoon - Search engine for Indian Law

Condition of eligibility in the advertisement issued by the PSC (Annexure P/1) is in conformity with the eligibility condition provided for in Schedule III referred to above for the post of Assistant Professor.

Petitioner has taken exception to the requirement of submission of certificate from University certifying award of degree of M.Phil/Ph.D. as per UGC Regulation, 2009. Contention of learned counsel for the petitioner that the aforesaid requirement in the advertisement (Annexure P/1) is arbitrary, unreasonable and violative of Article 14 of the Constitution, in the opinion of this Court is misdirected and misconceived. After coming into force of UGC Regulation, 2009, the Universities, Colleges, Institutions etc. to which the Regulations are applicable as provided for under Regulation 2, are to award degree of Ph.D./M.Phil to successful students only in accordance with Regulation, 2009. Therefore, aspiring candidates for the post of Assistant Professor are required to have the Ph.D./M.Phil as per UGC Regulation, 2009 if they wish to seek exemption from NET/SLET/SAT. If under the advertisement, the petitioners are required to submit certificate from the concerning University of having obtained the degree of Ph.D./M.Phil under Regulation, 2009, in the opinion of this Court, such condition cannot be assailed as arbitrary or illegal and in no way can be termed as violative of Article 14 of the Constitution. Reliance of the petitioners on communication (Annexure P/6), in the opinion of this Court, is misplaced. The aforesaid communication dated 6/8/14, was with reference to advertisement issued on 9/7/14 and not in relation to the instant publication dated 19/2/16. At the outset, the said letter has no bearing to the advertisment dated 19/2/16 as referred to above. Even otherwise, UGC Regulation, 2009 are unambiguously clear and vivid whereunder awarding of degree of Ph.D./M.Phil is provided for only after completion of course work and after evaluation and assessment by prescribed committed/Board. The aforesaid requirement, in no way, can be given a go by while assessing the candidature of a candidate for taking entrance test for appointment to the post of Assistant Professor.