Advocates:
['NIKHIL DUNGAWAT', '', 'NIHAR JAIN', 'GIRISH JOSHI', 'DIGVIJAY SINGH JASOL AGC']

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65

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

ORDER

S. B. CIVIL WRIT PETITION NO. 5378/2014

Dr. Pancha Ram

Vs.

State of Rajasthan & ors.

Date of Order : : 06.01.2015

HON’BLE MS. JUSTICE NIRMALJIT KAUR

Mr. Nihar Jain, for the petitioner

Mr. Digvijay Singh, for the respondent Nos. 1, 3 & 4

Mr. Mukesh Trivedi on behalf of

Mr. Girish Joshi, for the respondent No. 2

None present for the respondent No. 5 inspite of service.

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Reportable

The prayer in the present petition is for setting aside

the appointment of respondent No. 5 as Substitute

Teacher in pursuance to the advertisement dated

18.12.2013.

The Principal of the respondent college issued an

advertisement dated 18.12.2013 inviting applications for

the post of College Lecturer (Substitute Teacher) in the

subject of Botany against the post of Teacher Research

Fellow (vacancy against Leave). The petitioner applied

against the said post as he was qualified and fulfilled the

minimum eligibility condition as prescribed by the 3^rd

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Amendment, Regulations, 2009 and the Regulations,

2010. However, the respondent No. 5 was selected

inspite of the fact that he was not qualified.

As per Regulation 3.3.1 of the Regulations for

minimum qualification for appointment of teachers and

other academic staff in University and Colleges and

measures for maintaining of standard in Higher Education,

2010 published in the Gazette of India on dated

18.09.2010, the following minimum qualification are

required :-

“3.3.1

NET/SLET/SET shall remain the minimum

eligibility condition for recruitment and

appointment of Assistant Professors in

Universities/Colleges/Institutions.”

Provided however, that 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)

Regulation, 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.”

It is stated that the respondent No. 5 is neither NET

nor SLET nor SET. He does not have the minimum

qualification. Although, he has been awarded Ph.D.

Degree, however, the said Ph.D. Degree is prior to the

Regulations of 2009. Thus, the respondent No. 5 is not

covered with the proviso provided to Regulation 3.3.1

reproduced above.

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The reply to the writ petition has been filed by the

respondent Nos. 1, 3 and 4. The respondent No. 5 has

not put in appearance inspite of service. The respondent

No. 2 was granted time to file the reply on the last date of

hearing. But the same has not been filed till date. They

sought to file reply after all the arguments were over.

As per the Sur-Rejoinder supported by affidavit filed

on behalf of the respondent Nos. 1, 3 and 4, they have

admitted in no uncertain terms that even the

Commissioner, College Education vide Communication

dated 26.06.2014 told the College Principal that the

selection was not as per the minimum standard and

procedure laid down under Regulation 3.3.1 of the

Regulations referred above and that the Ph.D. Degree in

possession of the respondent No. 5 did not meet the

UGC (minimum standard and procedure for award of Ph.D.

Degree) Regulation of 2009 and the Commissioner had

accordingly written to respondent No. 4 to act accordingly.

However, before they could take any action, the

respondent No. 5 produced the copy of Order dated

29.05.2014 passed in S.B. Civil Writ Petition

No. 6031/2014 and 33 other connected matters passed

by this Court at Jaipur Bench wherein a direction was

issued to the respondents to engage substitute

lecturers/teachers for full duration of the research

fellowship awarded to substantive Lecturers/ Teach