Point of Law: Qualifications - UGC has prescribed minimum eligibility qualification for appointment of Assistant Professor (PG) in English and notification/advertisement was issued prescribing minimum eligibility qualification as per Regulations of 2010 and it was not open to 1st respondent or selection committee to relax any one of minimum requirement qualifications.

ORDER :

The petitioner, who was one of the candidates who had applied for the post of Assistant Professor (PG) in English, in response to the notification/advertisement dated 11.01.2014 published by the 1st respondent, has approached this Court challenging the office order dated 26.02.2014 issued by the 1st respondent vide Annexure-K appointing the 2nd respondent to the post of Assistant Professor (PG) in English and also with a prayer to issue a writ of mandamus directing the 1st respondent to consider the case of the petitioner for appointment to the said post of Assistant Professor (PG) in English.

2. Brief facts of the case that would be relevant for the purpose of disposal of this petition are:

(a) The 1st respondent-University had published a notification/ advertisement dated 11.01.2014 calling for the applications to fill up the solitary vacancy of Assistant Professor (PG) in English subject and, in response to the said notification, the petitioner had submitted his application seeking appointment. The notification/ advertisement clearly stated that the applications were required to be submitted only by qualified candidates. The prescribed qualifications as per the said notification dated 11.01.2014 for the post of Assistant Professor is as follows:

“Good academic record as defined by the concerned university with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master's Degree level in a relevant subject from an Indian University, or an equivalent degree from an accredited foreign university. (See Other Conditions No.17)

Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET.

Notwithstanding anything contained in above two paras, candidates, who are, or have been awarded a Ph. D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions.

NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/ SLET/ SET is not conducted.

Those who have obtained Ph.D. degree after 11.07.2009 must have completed Ph.D. with course work.

The applicants while applying must strictly adhere to the UGC (Minimum qualifications for appointment teachers in Universities and Constituent Colleges) Regulations, 2010.”

(b) According to the petitioner, there were totally 35 candidates and though the 2nd respondent did not possess the requisite qualification, the 1st respondent vide Annexure-K, dated 26.02.2014, appointed the 2nd respondent to the post of Assistant Professor (PG) in English. Being aggrieved by the same, the petitioner has approached this Court.

3. Learned counsel for the petitioner submits that the petitioner has got higher marks during his academic career compared to the 2nd respondent, and the petitioner had work experience while the 2nd respondent did not possess the same. Learned counsel for the petitioner submits that as per the notification/advertisement dated 11.01.2014, a candidate applying for the post of Assistant Professor (PG) in English, in addition to having a minimum 55% marks at the Master’s Degree level in the relevant subject, must have passed the National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UCG like SLET/SET. He submits that the notification further provided that the candidates, who are or have been awarded Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009 (hereinafter referred to as ‘Regulations of 2009’, for short) shall be exempted from the requirement of the minimum eligibi