SITANSHU TRIPATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard on admission. Being a holder of Ph. D degree of 2003, petitioner seeks direction to the respondents to consider him for appointment as Professor/Assistant Professor without subjecting him to pass National Eligibility Test (NET).

(2.) Relevant Regulation framed by the University Grant Commission, a statutory Body to lay down requisite qualification for appointment in Universities and Institutions, affiliated to it, brought on record reveals that NET was made compulsory vide University Grants Commission (Minimum Qualification required for the appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) Regulations 2000, with an exemptive clause stipulating that "NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D degree. However, the candidates who have completed M. Phil degree or have submitted Ph.D. thesis in the concerned subject upto 31st December, 1993 are exempted from appearing in the NET examination."

(3.) That, a new clause was substituted vide notification F. No. 1-1/2002 (PS) Exemp. dated 14.6.2006 stating that "NET shall remain the compulsory requirement for appointment as Lecturer for those with post graduate. However, the candidates having Ph.D degree in the concerned subject are exempted from NET for PG level and UG level teaching. The candidates having M. Phil degree in the concerned subject are exempted from NET for UG level teaching only." That, various notifications were issued from time to time as finds mention in paragraph 5.4 of the petition. Of these notifications the latest is dated 30.6.2010 published in the Gazette of India, September 18th, 2010 (Annexure P/6); wherein clause 3.3.1 of the Annexure appended with the notification stipulates: