SOURAV KAFLEY Vs. SIKKIM PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This Writ Petition involves interpretation of the University Grants Commission (Minimum Standards and Procedure for Awards of M.Phil/Ph.D. Degree) Regulation, 2009 (in short the 'UGC Regulation, 2009') on the question as to whether the regulations would have prospective or retrospective effect in so far as the Petitioner is concerned.

(2.) It is not disputed that the Petitioner is at present serving as a Lecturer (Chemistry) in the Sikkim Government College, Tadong, Gangtok, on ad hoc basis since the year 2006 and was registered as a Ph.D. scholar for the Session 2007-08 in the North Bengal University w.e.f. 18-12-2008, i.e., before commencement of the UGC Regulation, 2009.

(3.) On 23-09-2011, the Respondent No.1 advertised for filling up of 50 posts of Assistant Professor in the Government Colleges in the State out of which three were for the subject of Chemistry under the UR, BL and MBC Categories. It is the case of the Petitioner that he being eligible in all respects, had applied for the post but, his application was rejected on the ground that he had not qualified in NET/SLET/SET and was not a Ph.D. degree holder as required under the UGC Regulation, 2009. The Respondents have not denied the material facts pleaded on behalf of the Petitioner but only disputes his eligibility under the UGC Regulation, 2009 as he did not fulfil the essential criteria laid down therein.