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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Anubhav Thakur – Appellant
Versus
CSKHPKV – Respondent
| Table of Content |
|---|
| 1. net required for master's; pre-2009 phd exempted in advertisement. (Para 1 , 2 , 3 , 4) |
| 2. court quashes net condition for phd holders; accepts candidature. (Para 5) |
JUDGMENT :
Jyotsna Rewal Dua, J.
Issue involved in this writ petition is whether the condition of qualifying National Eligibility Test (NET) imposed by the respondent-University for direct recruitment to the post of Scientist/equivalent in the discipline of Seed Science and Technology would be applicable to candidates with Ph.D Degree. According to the petitioner, this condition cannot be imposed upon him being a Ph.D degree holder in view of applicable regulations/guidelines/circulars/notifications issued by the University Grants Commission (UGC) and Indian Council of Agricultural Research (ICAR). The UGC and ICAR have also supported the cause of the petitioner. Respondent-University, however, insists upon condition of qualifying NET for becoming eligible to participate in the selection process even for Ph.D. degree holders, hence the writ petition.
2. The case
2(i) Respondent No.1-State University issued an advertisement on 10.07.2025 inviting applications for several posts of Scientist/Assistant Profess
UGC Regulations exempt Ph.D. holders compliant with 2009/2016 norms from NET for direct recruitment to Assistant Professor/equivalent posts; prevail over inconsistent university statutes in agricultu....
The main legal point established in the judgment is the retrospective application of the 2016 UGCR to protect Dr. Jayakumar's appointment as Lecturer in Sociology by the University.
Qualifications - UGC has prescribed minimum eligibility qualification for appointment of Assistant Professor (PG) in English and notification/advertisement was issued prescribing minimum eligibility ....
Regulations becomes clear when one peruses Clause 4.4.6.1 of the same Regulations where it is stated that M.Tech Degree holders are not required to obtain an additional NET qualification for seeking ....
Point of Law : UGC regulations - There was no provision in the M.G. University Law for fixing the tenure of appointment of Principals as deemed to be permanent nature.
Judgment affirms the necessity of due process in employment, emphasizing that failure to provide a hearing before termination violates natural justice. UGC regulations' retrospective application prot....
Point of Law : Obtaining information through RTI i.e. source would be irrelevant where the information obtained was not challenged as regards its veracity and cannot be excluded from consideration.
Eligibility for Assistant Professor positions requires adherence to specified qualifications, including Ph.D. degrees obtained by the application deadline.
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