MAYA JOHN Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) This writ petition is filed by two petitioners Ms. Maya John and Ms. Zainab Hyder Razavi. Petitioners who are pursuing Ph.D degrees were appointed as Teaching Assistants by the respondent no.1-University of Delhi. Since the terms and conditions of both the petitioners are the same, it would suffice to refer to the terms and conditions of appointment of the petitioner no.1. The terms and conditions are contained in the letter dated 20.5.2009 of the University. Paras 1,2, 3,5,6 and 9 of the appointment letter are relevant and the same read as under:-

(2.) A reference to para-1 of the appointment letter shows that the appointment indubitably is only year to year, though, it is extendable after each year upto a maximum period of four years. Para-2 makes it clear that the terms and conditions of the Award i.e appointment as Teaching Assistants will be governed by the Scheme of 2006, but as amended from time to time i.e amendments can be made by the respondent no.1 of the University Teaching Assistantship Scheme, 2006. Para-6 shows that the petitioners can be involved in teaching work. Para-9 makes it clear that granting of Teaching Assistantship does not guarantee subsequent employment with the respondent no.1-University.

(3.) The respondent no.1-University by its notification dated 10.6.2010 amended the University Teaching Assistantship Scheme, 2006 and required the University Teaching Assistants to clear the UGC NET examination within two years from 1.6.2010 or within two years from the date of joining as Teaching Assistants. Petitioners claim that this amendment cannot be made because according to the petitioners this would amount to changing of Rules of the Scheme midway and the amended term is beyond the terms and conditions contained in the appointment letter dated 20.5.2009. Great stress is laid on behalf of the petitioners to para-1 of the appointment letter reproduced above to show that actually the period of appointment is four years and not year to year. It is argued that for registering as a Ph.D Programmer, there is no requirement of UGC (Minimum Standards and Procedure for Awards of M Phil/Ph.D Degree) Regulation 2009 of having NET qualifications. It is argued that UGC letter of August, 2009 requires clearing of NET qualification only for those persons who seek appointment as Teachers or Lecturers or Professors with the University of Delhi and such requirement of clearing NET qualification cannot apply to Teaching Assistants who do not seek appointment as Teachers/Lecturers/Professors with the respondent no.1-University of Delhi. Regulation 9 (i) & 6 of the 2009 Regulations read as under:-