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IN THE HIGH COURT OF CALCUTTA
Dipankar Datta, J.
Satarupa Ghosh - Petitioner
Versus
State of West Bengal and others - Respondents
W.P. No. 3660(W) of 2015
Decided On : 12-3-2015
APPOINTMENT OF ASSISTANT PROFESSOR - NET/SLET REQUIREMENT - UGC REGULATIONS - BAR COUNCIL RULES - APPLICABILITY - NORTH BENGAL UNIVERSITY - VALIDITY OF APPOINTMENTS.
Fact of the Case:
The petitioner, possessing NET qualification, challenged the appointment of respondents 10 and 11 as Assistant Professors in Law at North Bengal University (NBU) despite them lacking the minimum qualification of NET as prescribed by UGC Regulations.
Finding of the Court:
The court held that the UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2010, require NET/SLET qualification for appointment as an Assistant Professor in Law, whether regular or contractual.
Issues: 1. Whether the UGC Regulations apply to contractual appointments of Assistant Professors in universities created by Central/State Acts? 2. Whether the Bar Council of India's Rules of Legal Education supersede the UGC Regulations in specifying qualifications for Assistant Professors in Law?
Ratio Decidendi: 1. UGC Regulations apply to both regular and contractual appointments of Assistant Professors in universities, as they mandate the same qualifications for both. 2. The Bar Council of India's Rules of Legal Education, specifically Schedule III and Rule 11, are meant for recognition of law courses and do not specify qualifications for Assistant Professors. The UGC Regulations prevail in determining the qualifications.
Final Decision: The court set aside the appointments of respondents 10 and 11 and directed NBU to conduct a fresh selection process for filling up the two posts of Assistant Professor in Law from amongst NET/SLET qualified candidates.
Dipankar Datta, J.
The Registrar (Officiating), University of North Bengal (hereafter the NBU) issued an advertisement dated 18.02.2012 reading as follows:
"Applications are invited for the post of Assistant Professor 4 posts (Contractual), in the Department of Law, Remuneration @ Rs. 27432/- (may be enhanced further) per month. The candidate must posses a good academic record with at least 55% marks or an equivalent grade of B+ in master degree Law (LL.M.). Besides fulfilling the above qualifications, candidates having NET/SLET/SET qualifications will be preferred. Detailed information and Application Form (Cost Rs. 200/-) may be collected from the Office of the undersigned. Filled in application form must reach the office of the undersigned on or before 10.03.2012.
Form may also be downloaded from the university website: http:/www.nbu.ac.in.
Advt. No. 47/R-12 Dated: 18.02.2012 Registrar (Officiating)."
2. The petitioner offered her candidature for the post of 'Assistant Professor' in Law by submitting an application within the stipulated date.
3. It appears that the said registrar issued a further advertisement dated 21.09.2014, which reads as follows:
"Applications are invited within 13.10.2014 from the Indian citizens for contractual appointment of Full Time/Part Time Assistant Professor (purely on temporary basis) in the Department of Law of the University.
(i) Law (Full-Time) - 04, (ii) Political Science (Full - Time) - 01, (iii) English (Part- Time) - 01.
Prescribed application form, requisite qualifications, remuneration and other relevant information are available in the University portal http://www.nbu.ac.in
Please Note: Candidates who have applied earlier in response to advt. No. 47/R-12 Dated: 18-02-2012 need not apply again. However they may update their C.V. if they so desire.
Advt. No. 19/R-14
Registrar
Date: 21.09.2014
(Officiating)"
4. The university received applications from 49 aspirants for appointment on the post of 'Assistant Professor' in Law. A broad sheet was prepared indicating therein the marks obtained by the aspirants at various examinations, their respective research and teaching experience, etc. One column related to acquisition of NET/SLET/M.PHIL/PH.D. qualifications. It is noted that although on the date the petitioner submitted her application she had not qualified in the NET Examination, she qualified in such examination by the time the second advertisement dated 21.09.2014 was issued.
5. On the basis of the qualifications and their performance at the interview, the respondents 10 and 11 (Ms. Priya Roy and Shirin Md. Zulfiquar respectively), Smt. Soma Dey Sarkar and Md. Maazul Haque were selected for appointment as Assistant Professors in Law on contractual basis. It is further noted that Smt. Soma Dey Sarkar and Md. Maazul Haque possess NET qualifications whereas the respondents 10 and 11 lack the same.
6. This writ petition dated 02.02.2015 was presented by the petitioner upon finding that the respondents 10 and 11 have been appointed as Assistant Professors in Law by the NBU on contractual basis although they did not possess NET qualification. The writ petition was admitted on 11.02.2015 and direction for exchange of affidavits was made. Upon exchange of affidavits, the writ petition has been listed today for final hearing.
7. I have heard Mr. Sanyal, learned advocate for the petitioner, Ms. Sarkar, learned advocate for the NBU, Mr. Chakraborty, learned advocate for the respondent No. 10 and Mr. Mukherjee, learned senior advocate for the respondent No. 11 at some length.
8. Before I proceed to decide the contentious issue that has been raised by the petitioner, it would be convenient to note the respective academic qualifications of the respondents 10 and 11, and the petitioner, and the marks obtained by them at the different examinations taken by them.
Name
Secondary Examination
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