ARINDAM JHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CHALLENGE is to the Advertisement No.1 of 2012 published by the Chairman, West Bengal College Service Commission to the extent restricting the rights of candidates who have been awarded Ph.D. Degree in terms of Regulation 2006. The application is also for issuance of a writ in the nature of mandamus commanding the respondents to give a declaration that the petitioners who had registered for Ph.D. Degree course prior to July 11, 2009 cannot be subjected to hostile and invidious discrimination for claiming exemption in terms of Regulations 2009 and for other consequential reliefs.

(2.) THE two writ petitioners have contended that the petitioner no.1 enrolled for Ph.D. Degree under the University of North Bengal on January 9, 2007 and the petitioner no.2, on December 17, 2004 and their registration for Ph.D. Degree had been done on May 10, 2007 and December 19, 2005 respectively.

(3.) THE petitioners have contended that by the Regulation of 2006 of the University Grants Commission which came into force on June 14, 2006, both the petitioners having been awarded the Ph.D. Degrees in the concerned subjects are exempted from appearing at NET for Post Graduate level teaching. The said Regulation was in force when they submitted the thesis on May 10, 2009 and in December 2007 respectively and as such, they are entitled to exemption from appearing in the NET/SLET/SET. But the Regulation of 2009 of the University Grants Commission which came into force on July 11, 2009 is not applicable in respect of the petitioners.