DR. AVADH KUMAR PATEL SON OF SRI ANANDI PRASAD MANDAL Vs. THE RAJENDRA AGRICULTURE UNIVERSITY THROUGH ITS REGISTRAR

JUDGEMENT

(1.) Heard the parties. This writ petition has been filed for a direction to the respondents to issue an order of confirmation of the petitioner as Junior Scientist-cum-Assistant Professor in the Department of Plant Pathology, S.R.I., in Rajendra Agriculture University without requiring a certificate of passing NET examination.

(2.) It appears that pursuant to an Advertisement No. 1/2006/RAU dated 22.2.2006 issued by the respondent-University read with corrigendum dated 15.5.2006 (Annexures-1 and 2 respectively) an offer of appointment dated 6.11.2007 was issued (Annexure-3) whereby the petitioner, among others, was offered appointment on the post of Junior Scientist-cum-Assistant Professor. Pursuant thereto the petitioner was selected and joined the post on 12.11.2007 on the terms and conditions enumerated in the said offer of appointment in line with the advertisement and the corrigendum.

(3.) It is not in dispute that the petitioner had neither cleared the National Eligibility Test (NET) nor obtained Ph.D. degree on the date of his selection. However, the petitioner was pursuing his Ph.D. degree at that time. It appears that he sought and was granted permission for withdrawal of 5th semester in the Ph.D. program in terms of R.I. Regulation 48 as evident from the letter dated 21.1.2008 written by the D.R.I.-cum-Dean, P.Gs., R.A.U., Pusa. Sometime later, the petitioner resumed his pursuit of Ph.D. degree and was accordingly permitted admission in the monsoon semester 2009-10 in terms of R.I. Regulations.