KANCHAN GABA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners in both these proceedings hold the degree of Doctor of Philosophy in law. The petitioner in W.P. No. 20179(W) of 2010 obtained her Ph.D. degree on 23 September 2008. The petitioner in W.P. No. 20178(W) of 2010 obtained the degree on 26 June 2007. Both the petitioners are aspirants for the posts of Lecturers in law in any law college in the State of West Bengal. Selection to the aforesaid post, like selection to any other teaching job at the college level in this state are done by the West Bengal College Service Commission, constituted under the West Bengal College Service Commission Act, 1978. Such selection is usually made through a common selection test. The procedure for such selection is contained in the West Bengal College Service Commission (Manner of Selection of Persons for Appointment to the Posts of Teachers including Principals) Regulation, 1980. The said regulation provides for ascertaining the number of vacancies, advertisement of vacancies and thereafter selection of candidates through a centralised recruitment process. A selection test is ordinarily required to be cleared by the aspiring candidates, which at the state level is commonly known as SLET. A similar test is also held at the national level which is known as NET. I shall refer to these tests as entry test in the later part of this judgement. The qualification for these posts are stipulated by the State Government as per the specification of the University Grants Commission (UGC), a statutory body constituted under the provisions of the University Grants Commission Act 1956, to make provisions for the co-ordination and determination of standards in different universities in India. The UGC has framed the "UGC (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to it) Regulations, 2000 laying down the minimum qualification required for the posts of Lecturers/Assistant Professors at the entry level of individual institutions.

(2.) Under the original UGC Regulation of 2000, candidates for such posts having M. Phil or Ph.D. degree were exempted from appearing in the entry test. There have been amendments from time to time of this Regulation narrowing scope of such exemption. The purpose of such amendments broadly have been to confine such exemption to the candidates having Ph.D. Degree till certain specified year. So far as the present proceedings are concerned, the Regulation as it stood in the year 2006 and 2009 is relevant. The said UGC Regulation was amended in the year 2006 by a notification bearing No. F-1-1/2002(PS) Exemp. dated 14th June 2006 which provided:

(3.) It appears that in awarding of Ph.D. Degrees, certain new standards or norms were evolved by the UGC under the University Grants Commission (minimum standards and procedure for award of Ph.D. Degree) Regulation 2009. The UGC (Minimum Qualifications required for the appointment and Career Advancement of teachers in Universities and Institutions affiliated to it) Regulation was amended again in the year 2000 and the amended Regulation, which came into effect on 11 July 2009, contemplated certain alteration of eligibility criteria for appointment to the posts of Lecturers. After this amendment, the provision relating to appointment as Lecturers of candidates having Ph.D. Degree was modified to the following effect:-