Important Point – University or Institution can prescribe higher qualifications than such minimum qualifications mentioned in UGC Regulations, 2010.

Ali Mohammad Magrey, J.

The petitioner has filed this petition seeking issuance of the following writs:

“i) A writ, order or direction including one in the nature of Certiorari, quashing the condition of possession of Ph. D as mentioned in the advertisement notice, Annexure P2, the same being contrary to norms and criteria prescribed by UGC Regulations, 2010;

ii) A writ, order or direction including one in the nature of Certiorari, quashing the decision of the respondents declaring the petitioner as ineligible in terms of RTI-Annexure P5;

iii) A writ, order or direction, including one in the nature of Mandamus, commanding upon the respondents to re-advertise the post of Assistant Professor (Forestry) by incorporating the qualification as prescribed by UGC and allow the petitioner to participate in such selection process and accord consideration for his appointment to the post of Assistant Professor (Forestry);

iv) Any other writ, order or direction which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner and against the respondents.”

2. The above prayers are founded on the following averments made, and grounds taken, in the petition.

3. Sher-i-Kashmir University of Agricultural Sciences & Technology of Kashmir, abbreviated as SKUAST (for short, the respondent-university), issued advertisement notice no.01 of 2017 dated 13.03.2017 notifying certain posts of Assistant Professors, including the post of Assistant Professor-cum-Junior Scientist (Forestry). The notice prescribed, inter alia, the following eligibility criteria:

“Qualification Essential: I. (i) Master’s degree with minimum 55% marks or equivalent grade in OGPA or equivalent postgraduate qualification in the concerned/related subject;

(ii) Ph. D degree (with course work) in concerned / related subject as prescribed by the UGC (MSP) 2009 Regulations;

(iii) NET or at least two full length publications having a NAAS rating of not less than 4, on the last date of submission of application;

OR

II. (i) Master’s degree with 55% marks or equivalent grade in OGPA or equivalent postgraduate qualification in the concerned / related subject;

(ii) Ph. D degree (without course work) in the concerned / related subject for candidates having completed their Ph. D prior to implementation of UGC (MSP) 2009 Regulation;

(iii). NET (NET or at least two full length publications having NAAS rating not less than 4, on the last date of submission f application instead of NET at II (iii) above for the discipline of Sericulture) NET shall be exempted for the candidates registered for Ph. D prior to July 11, 2009 subject to the condition that:

a. Ph. D degree of the candidate awarded in regular mode only;

b. Evaluation of the Ph. D thesis by at least two external examiners;

c. Open Ph. D viva voce of the candidate had been conducted;

d. Candidate has published two research papers from his / her Ph. D work out of which at least one must be in referred journal;

e. Candidate has made at least two presentations in conference / seminars, based on his / her Ph. D work (a) to (e) as above are to be certified by the Vice Chancellor / Pro Vice Chancellor / Dean (Academic Affairs) / Dean (University Instructions).”

4. The academic profile of the petitioner, as mentioned in para 2 of the writ petition, is as under:—

Course o study	Particulars of the Institution	Period
Bachelors in Science	Dr Balasaheb Swant Konkan Krishi Vidyapeet (Agri. University) Dapoli	2007-2008
Masters of Science in Wood Science and Technology	Forest Research Institute (Deemed University) Dehradun	2008-2010
National Eligibility Test (NET)	Agricultural Science, Forestry environment Recruitment Board	2012
Doctor of Philosophy Chemical Engineering.	Faculty of Chemical and Natural Resources in the