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For the petitioner: Mr. Rajnish Maniktala, Senior Advocate, with

Mr. Dinkar Bhaskar, Advocate.

For the respondents: Mr. Naresh K. Sharma, Advocate, for respondent No. 1.

i Mr. Dilip Sharma, Senior Advocate, with H Ms. Ridhima Karol, Advocate, for respondent No. 2.

Ajay Mohan Goel, Judge

1. By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

“(A) That the order of the Screening Committee communicated to the petitioner vide letter dated 02.02.2022 (Annexure P-10) declaring her ineligible for recruitment to the post of Assistant Professor (Mathematics) may be quashed and set aside.

(B) That the petitioner may be declared to be eligible for Assistant Professor (Mathematics).

(C ) That the appointment of respondent No. 2 as Assistant Professor (Mathematics) in the respondent University may be quashed and set aside thereby setting aside the entire selection process.

(D) That ther espondent University may be directed to consider the petitioner for appointment to the post of Assistant Professor (Mathematics) afresh.”

2. TChe case of the petitioner is that she is a Graduate in Mathematics from Himachal Pradesh University, Shimla in 1^st Division. Thereafter, she did her M.Sc. (Mathematics) with specialization in Industrial Mathematics from Central University of Himachal Pradesh, Dharamshala in 1^st Division. This was followed by Ph.D. in Statistics from Dr. Y.S. Parmar University of Horticulture & Forestry, Nauni, Solan in 1^st Division. According to the petitioner, vide Annexure P-5, i.e., Advertisement No. 01 of 2021, circulated on 09.03.2021, the respondent-University advertised certain posts, including the post of Assistant Professor in the subject of Mathematics. The post was meant for unreserved category. The eligibility criteria for the post, in terms of Annexure P-5 was as under:-

“Post at Sr. No. 9 (Basic Sciences faculty)

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, ICAR or similar test accredited by the UGC.

iii) Notwithstanding anything contained in i) and ii) above, 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 or subsequent regulations if notified by the UGC, shall be exempted from the requirement of the minimum eligibility condition of NET.

Provided that NET essentiality for recruitment to the post of Assistant Professor and equivalent in the disciplines in which NET is conducted, for the candidates registered for Ph. D prior to July 11,2009 shall be exempted subject to the conditions 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/concerned Deans.

iv) NET shall also not be required for such Master’s Degree Programmes in disciplines for which NET is not conducted.

A relaxation of 5% may be provided, from 55% to 50% of the marks to the Ph. D. degree holders, who have passed their Master’s degree prior to 19^th September, 1991.

Relevant grade which is regarded as equivalent of 55% wherever the grading system is followed by a recognized University shall also be