MANBIR GILL Vs. UNIVERSITY GRANTS COMMISSION

JUDGEMENT

(1.) The petitioners are seeking appointment as a lecturer, to qualify for such appointment, they are required to pass an examination defined as National Education Test (hereinafter referred to as NET) which has been notified by the University Grants Commission (in short, referred to as UGC). The said examination is held twice in a year by UGC in June and December of the year. The said examination consists of three papers. The first part is of General Knowledge which is common to all. The second part relates to overall view of the subjects studied and that the questions are objective type, meaning thereby, out of various answers one answer has to be picked up. The third paper is in the specialisation of the subjects studied and opted by a candidate.

(2.) In pursuant thereto, a notice dated September 18, 1999 was published and in response thereto, the applicants applied and the test was to held on December 26, 1999. The petitioners having acquired degree of Master of Business Economics (in short M.B.E.) opted for specialisation Subject Code-17 i.e. Management for part III examination as the subjects containing in the said Code were taught to them during their acquisition of course defined as M.B.E. The UGC did not accept the option given by the petitioners and intimated that all of them are not eligible for Subject Code-17 Management but are eligible for Code 01-Economics. The petitioners contested the view point of UGC and submitted a representation stating that the subjects which they have been taught, are not taken to the course of Master of Business Administration and that Code-17 contains almost all those subjects which have been studied by them while acquiring M.B.E. course. The representation was not accepted and that roll numbers were sent to the petitioners reiterating the change in the subject code of the petitioners, i.e. instead of Code-17, the Code-01 was maintained. However, the roll numbers have been received by them.

(3.) The petitioners felt aggrieved by the communication. The view point expressed by UGC has been made subject-matter of challenge by way of present petition. Notice of motion was issued and regarding interim relief, the respondents were directed to permit the petitioners to appear for Code 17- Management paper for the examination scheduled to be held on December 26, 1999. However, it was specifically observed that the petitioners shall appear in the aforesaid code at their own risk and responsibility. The publication of result pertaining to the petitioners in respect of the aforesaid code was not to be declared till further orders.