P.V.DHANARAJ Vs. SREEJITH.P

JUDGEMENT

(1.) The appeals are filed by respondents 5 and 7 in WP(C) No. 26736/2013. By the impugned judgment, the learned Single Judge had issued the following directions:-

(2.) Though the learned counsel for respondents 5 and 7 had preferred separate appeals challenging the aforesaid judgment, we do not think that the appellants are entitled for any relief. Apparently, the notification inviting application for selection and appointment to the post of Assistant Professor in Physics was notified on 27/8/2010 and the revised notifications were issued on 5/10/2011, 4/11/2011 and 14/3/2012, the rank list was published on 6/6/2012. Therefore, at the time when the notifications were issued, the UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in University and Colleges and other Measures for Maintenance of Standards in Higher Education) Regulations 2010 was in force and the appointment of Assistant Professors could have been made only if they possess NET qualification. The 2010 Regulations also provided that candidates who have been awarded Ph.D in accordance with UGC (Minimum Standards and Procedure for Award of M.Phil/Ph.D Degree) Regulation, 2009 are exempted from NET qualification. According to the appellant in WA No. No.477/2017, he had acquired Ph.D from Anna University, Chennai and therefore, the appellant is fully qualified as per the UGC Regulations, 2009. The appellant in WA No. 526/2017 has also taken up a contention that the appellant obtained admission for Ph.D course under the regular stream in University of Kerala on 19/4/2007 and was awarded Ph. D on 26/5/2011. She also contends that her Ph. D satisfies all the conditions of UGC (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) (3 rd amendment) Regulations 2016 by which candidates who registered for M.Phil/Ph.D programme prior to 11/7/2009 be governed by the provisions of the then existing Ordinances/By laws/Regulations of the Institution awarding the degrees and such candidates shall be exempted from the minimum eligibility conditions.

(3.) In fact, the Apex Court had occasion to consider the requirement of Ph. D degree in compliance with the 2009 UGC Regulations in State of Madhya Pradesh. v. Manoj Sharma and others [(2018) 3 SCC 329] decided on 25/1/2018 wherein it was held at paragraphs 16 and 17 as under:-