ASHWANI KUMAR MISHRA, J.

1. Short issue that arises for consideration in this writ petition is as to what is the discipline/subject in which a candidate must pass National Eligibility Test (NET), in order to be eligible for appointment to the post of Assistant Professor in Zoology, advertised by the U.P. Higher Education Service Commission, Allahabad (hereinafter referred to as the 'Commission') vide Advertisement No.46.

2. The facts necessary for proper appreciation of issue, therefore, is taken up, first. Large number of vacancies, in different subjects, were advertised by the Commission including Zoology. The advertisement specified qualifications required for the post in question, which is extracted hereinafter:-

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3. The qualification specified in the advertisement is in consonance with the qualification laid down in UGC Regulations, 2010. Regulation 4.4.0 of the Regulations of 2010, prescribing qualification for direct recruitment to the post of Assistant Professor is also extracted hereinafter:-

"4.4.0 ASSISTANT PROFESSOR

4.4.1. Arts, Humanities, Sciences, Social Sciences, Commerce, Education, Languages, Law, Journalism and Mass Communication

i. 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.

ii. 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.

iii. Notwithstanding anything contained in sub-clause (I) and (ii) to this Clause 4.4.1, 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.

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

4. The advertisement as also the UGC Regulations, by necessary inference mandates that the candidate must have cleared the National Eligibility Test conducted by UGC, CSIR or similar test, accredited by the UGC like SLET/SET in relevant discipline/subject, in order to be eligible for appointment to the post of Assistant Professor.

5. It is admitted to the counsel for the parties that Zoology is not a subject in which NET examination is conducted. CSIR-UGC NET Examination for Science Stream is usually conducted by CSIR in the following fields:-

(i). Chemical Sciences

(ii). Arts Sciences

(iii). Life Sciences

(iv). Mathematical Sciences

(v). Physical Sciences

6. The Court is apprised that NET in Life Sciences has been treated hitherto to be the relevant discipline for appointment to the post of Assistant Professor in Zoology. No challenge is thus laid to selection of candidates for appointment to the post of Assistant Professor in Zoology, who have obtained NET in Lif