M.P. RAJANI Vs. UNIVERSITY GRANTS COMMISSION

JUDGEMENT

(1.) Whether 'Rules of the game' could be changed during the middle of the game, is the issue involved in all these cases. The matter relates to acquisition of the requisite qualification for appointment as 'Lecturer' by clearing the 'National Eligibility Test' (NET for short). The test was notified to be conducted by the UGC, stipulating the norms as to the particulars of the papers, the minimum marks to be obtained and such other details. The examination was scheduled to be conducted on 24.06.2012.

(2.) The petitioners participated in the examination and according to them they have crossed the hurdle, with regard to the minimum marks prescribed and notified. But the UGC, just a few days before the declaration of the result, sought to change the norms, whereby some modification was made with regard to the minimum qualifying marks and mode of reckoning the same; introducing the 'total/aggregate minimum' as well, apart from the minimum marks to be secured for each paper. This was quite to the disadvantage of persons like the petitioners, who were never told of such a course earlier, as a result of which, they could not get the clearance.; It was in the said circumstance, that similarly situated persons approached this Court by filing several writ petitions, which were considered together and a common judgment was passed by a learned Single Judge of this Court on 17/12/2012(W.P. (C) No. 22187/2012 & connected cases).

(3.) As per the said judgment, the course pursued by the UGC was held as not correct or sustainable and accordingly, the impugned proceeding stipulating the category-wise qualifying criteria for lectureship was set aside. It was declared by this Court, that all the petitioners, who had obtained the separate minimum prescribed in the notification for Papers I, II and III, had cleared the 'NET' and appropriate follow up action was directed to be taken, to issue certificates to them, within 'one month' from the date of receipt of a copy of the judgment. The petitioners in these writ petitions seek for similar benefit, as given by this Court in the aforesaid judgment.