KALYAN GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application is at the instance of some candidates having Ph.D. degree in different subjects and is filed for issuance of a writ in the nature of mandamus commanding the respondents to rescind, cancel and withdraw the cut off date as mentioned in the UGC Regulations 2009 wherein the cut off date has been mentioned to the effect that the person awarded Ph.D. degree after July 11, 2009 are not eligible for appearing examination and other consequential reliefs including raising the upper age limit from 37 to 40 years.

(2.) THE West Bengal College Service Commission published an employment notification dated December 27, 2012 for filling up the posts of Assistant Professors, Principals and Librarians. The eligibility criteria and other conditions have also been mentioned therein. The contention of the petitioners is that they filed different applications for different posts of Assistant Professors in different subjects for general degree colleges other than B.Ed. colleges and B.Ed. departments. They are the holders of master degree in the respective subjects and Ph.D. degree in the relevant subjects. The respondent UGC published Regulations of 2009 effective from July 11, 2009 to the effect that the candidates who have been awarded Ph.D. degrees in terms of the Regulations 2009 will be exempted from NET qualification mandates. The petitioners started their Ph.D. course prior to the Regulations of 2009, but, exemption has been given to certain categories of candidates who have been awarded Ph.D. degrees in terms of the Regulations of 2009. Being aggrieved this application has been preferred.

(3.) THIS application is at the admission stage and at this stage the question of maintainability of this application has been raised. So far as the prayer for raising upper age limit from 37 to 40 years is concerned, I am of the view that it is simply a policy decision of the Government and in deciding such a policy decision, I do not find any discrimination or arbitrariness. So, this Writ Court should not interfere with the policy decision of the Government relating to age of a candidate and so the prayer for raising the upper age limit from 37 to 40 years cannot be entertained by this Writ Court.