SUDIPTA KUMAR MAITY Vs. UNIVERSITY GRANTS COMMISSION

JUDGEMENT

(1.) The petitioners are all Ph. D Degree holders in different subjects. Petitioner Nos. 1-22 acquired Ph. D Degree in different subjects from different universities before the University Grants Commission (Minimum Standards And Procedure For Award Of M. Phil/Ph. D) Regulation, 2009 came into force. Rest of the petitioners have either registered themselves for the Ph. D Programme or have been admitted to the Ph. D course on the basis of the result of their viva voce examination held before the said Regulation of 2009 came into force. They are aspirants for the post of Assistant Professor or equivalent positions in the Universities/Colleges/Institutions. They claimed exemption from appearing in the National Eligibility Test or State Level Eligibility Test in the same way as such exemption was extended to the candidates who acquired Ph. D degree as per the University Grants Commission (Minimum Standards and Procedure for Award of M. Phil/Ph. D) Regulation, 2009.

(2.) Let us now consider as to whether such relief can be granted to the writ petitioners in the instant case. In exercise of the power conferred by Clause (e) and (g) of Sub-sec. (1) of Sec. 26 read with Sec. 14 of the University Grants Commission Act, 1956, the University Grants Commission made the regulation, namely, the University Grants Commission (Minimum Qualification Required For Appointment And Career Advancement Of Teachers In Universities And Institutions Affiliated To It) Regulation, 2000. The relevant portion of the said Regulation with which we are concerned is set out hereunder:-

(3.) The said regulation was subsequently amended in the year 2002 by way of substitution of the following provision in the place of the aforesaid earlier provision:-