DR. RAM MEHAR SINGH PUNIA Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) In this petition, challenge is to Annexure P-12 whereby Kurukshetra University has laid down the minimum qualifications for appointment as Lecturer in Sociology as 55 per cent or above marks in M.A. and possessing Ph.D. The challenge is on the ground that the University Grants Commission (for short U.G.C.) vide D.O. No. F1-3(5)/95(PS) dated 22.11.1995 had formulated the regulation providing that no person shall be appointed to a teaching post, if he/she does not fulfil the required qualifications for appropriate subject as provided in the regulations. The minimum qualification required for appointment as Lecturer has been provided as 55 per cent marks or an equivalent grade at Master's degree level in the relevant subject from an Indian University or an equivalent degree from a foreign University. A provision has been made for relaxing to 50 per cent marks for the candidates who have cleared JRF examination conducted by the UGC/CSIR only prior to 1989. It is contended that the regulation laid down by the UGC would override the regulation laid down by the University. V.K.Jhanji On hearing the learned counsel and going through the record, we find no merit in this writ petition. From the reading of D.O. dated 22.11.1995 issued by the UGC, we find that the minimum qualification laid down by UGC is not 50 per cent but is 55 per cent but provision has been made for relaxing the marks to 50 per cent. It is also clear from the D.O. letter, Annexure P-5 whereby petitioner was informed that the Commission has decided to relax the marks from 55 per cent to 50 per cent to the candidates who have cleared JRF test conducted by UGC/CSIR only for appointment of Lecturers that it was left to the discretion of the University to relax the condition. The University has taken a decision not to relax the condition of minimum qualifications and, therefore, no legal right has come to be vested in the petitioner to seek appointment by saying that the condition of minimum marks be relaxed in his case.