SARMISTHA DE Vs. UNIVERSITY GRANTS COMMISSION

JUDGEMENT

(1.) IN this writ petition, a question has come up for consideration as to whether a candidate who has acquired Ph.D. Degree from recognised University, not in conformity with the procedure as laid down under the University Grants Commission (Minimum Standard & Procedure for Award of M.Phil/Ph.D.) Regulation, 2009 can be granted exemption from appearing in the SLET, NET or SET examination, as such exemption is granted to the candidates who acquired Ph.D. Degree by following the provisions contained in University Grants Commission (Minimum Standard & Procedure for Award of M.Phil/Ph.D.) Regulation, 2009 ?

(2.) THE very same identical issue has already been decided by us in the other writ petition being W.P. No. 32335(W) of 2013 (Sudipta Kumar Maity and Ors. -vs - University Grants Commission and Ors.). We have held therein that such relaxation can be granted only to those candidates who acquired Ph.D. Degree in conformity with the provisions contained in University Grants Commission (Minimum Standard and Procedure for Award of M.Phil/Ph.D.) Regulation, 2009, irrespective of the year of acquiring Ph.D. degree by them. We have also held therein that when the said Regulation of 2009 was framed for upgrading the standard of teaching the students in higher studies and also for maintaining uniformity in the standard of teaching the students in higher studies all over the country; the object for which such Regulation was framed will be defeated, if, relaxation is granted to the candidates who did not acquire the Ph.D. degree in conformity with the provision of Regulation, 2009. We, further, held therein that it is only those candidates who acquired their Ph.D. degree strictly in conformity with the Regulation framed in 2009 by the University Grants Commission, can be granted such exemption.

(3.) UNDER such circumstances, we hold that the decision which we have taken on 11th August, 2014 in the said writ petition being W.P.No. 32335(W) of 2013 (Sudipta Kumar Maity and Ors. - vs - University Grants Commission and Ors.) will govern the fate of this writ petition.