Document Fragment View

Matching Fragments

9. Since several writ petitions are involved in this batch I deem it appropriate that I refer to the parties by name rather than by their rank so as to avoid any confusion in this judgment as we go forward.

10. The area of contest in all these cases is not very large. It pirouettes essentially around the question as to whether the Ph.D. Degrees held by Dr.Baby Chakrapani and Dr.Ajith Vengellur are of such quality that it can grant them the benefit of exemption from acquiring NET/SLET/SET, which is the primary WPC 13668/15 & con. cases 7 unexpendable qualification as per Exhibit P11. I must, however, notice immediately that Sri.Ajith Vengellur also holds NET and therefore, the question regarding Ph.D. may not be relevant to him as much as it is to the case of Dr.Baby Chakrapani.

11. As regards Dr.Baby Chakrapani is concerned, he has obtained a Ph.D. from the University of Freiburg in Germany. The contention of Dr.Rehna Augustine, who opposes his inclusion in the list as Rank No.1, is that Ph.D. held by Dr.Baby Chakrapani would not entitle him to an exemption from holding NET/SLET/SET. It is the specific case of Dr.Rehna Augustine that Dr.Baby Chakrapani does not hold NET/SLET/SET and, therefore, that the Ph.D. that he is holding, should have been evaluated by the University initially, to find out whether it was issued by the German University in conformity with the terms of the UGC Ph.D. Regulations, 2009. The singular contention of the learned counsel appearing for WPC 13668/15 & con. cases 8 Dr.Rehna Augustine is that clause 3.3.1 of Exhibit P11 Regulations/UGC Minimum Qualifications Regulations, 2010) is explicit in its mandate that only those candidates who hold Ph.D. Degree in accordance with the UGC Ph.D. Regulations, 2009 would be entitled to be considered for inclusion in the list since the qualification prescribed as a minimum eligibility condition is always the NET/SLET/ SET. He contends vehemently that since the qualification of Ph.D. is only an exemption from the general rule, it has to be construed strictly and within the narrowest possible compass. I am in complete conformity with the submissions made by the learned counsel appearing for Dr.Rehna Augustine. There is no doubt that Dr.Baby Chakrapani would be entitled to be included in the list only if it is seen that he has obtained Ph.D. Degree in accordance with the UGC Ph.D. Regulations, 2009. Admittedly, the Ph.D. obtained by Dr.Baby Chakrapani is from the University of Freiburg in Germany. Therefore, WPC 13668/15 & con. cases 9 the question is whether this Ph.D. could be seen to be one acquired by Dr.Baby Chakrapani in terms of the aforesaid Regulations. A submission was made by the learned Senior Counsel Sri.N.N.Sugunapalan that what is mandated in Exhibit P11 is only that the qualification obtained by his client is to be equivalent to a Ph.D. obtained from one of the Universities in India. He refers to Exhibit P15 certificate issued by the CUSAT in W.P.(C) No.33795/2016, which reads as under:

18. Sri.P.C.Sasidharan, in answer to the counter affidavit filed by the UGC points out that the notification in question, namely Exhibit P1, is not based on Annexure R3(a)/UGC Ph.D. Regulations, 2009 but on Exhibit P11 Regulations/UGC on Minimum Qualifications Regulations, 2010. As per Exhibit P11, the minimum qualification, as I have already stated above, is NET/SLET/SET and Ph.D. is only an exemption granted therein. He points out that Exhibit P11, which was issued in the year 2010, is in supersession of the earlier Regulations of the UGC of the WPC 13668/15 & con. cases 15 year 2000 relating to appointment and career advancement of teachers. He, therefore, says that Annexure R3(b) circular issued by the UGC would have no application to the assessment of Ph.D. under the provisions of Exhibit P11. It is his vehement contention that Annexure R3(b) circular applies only for assessment of Ph.D. in terms of Annexure R3(a) Regulations of the year 2009 and that it would have no application for the assessment relating to Exhibit P11 Regulations of the year 2010.