Case Note & Summary
The petitioner, Dayaram Dagdoba Maske, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the selection of respondent no.6, Miss Jijabai Balasaheb Kangne, as Assistant Professor at Vaidyanath Arts, Science and Commerce College. The petitioner contended that respondent no.6 lacked the essential qualification of NET/SET and that her Ph.D., which she relied upon for exemption from NET/SET, was obtained after the last date prescribed for making applications. The petitioner also alleged bias and malafides on the part of the Selection Committee and sought appointment in her place. The respondents included the State of Maharashtra, Dr. Babasaheb Ambedkar Marathwada University, the Board of College and University Development, the college management, and other selected candidates. The court examined the UGC Regulations regarding exemption from NET/SET for Ph.D. holders. The court noted that the advertisement for the post required NET/SET or Ph.D. as per UGC norms. The court held that the UGC Regulations exempt Ph.D. holders from NET/SET, and the date of acquisition of Ph.D. is not material as long as the candidate possesses the degree at the time of selection. The court found no merit in the petitioner's allegations of bias or malafides. Consequently, the court dismissed the petition, upholding the selection of respondent no.6.
Headnote
A) Service Law - Appointment - Essential Qualification - NET/SET Exemption - UGC Regulations, 2009 - The petitioner challenged the selection of respondent no.6 as Assistant Professor on the ground that she lacked NET/SET and her Ph.D. was obtained after the last date for applications. The court held that the UGC Regulations exempt Ph.D. holders from NET/SET, and the date of acquisition of Ph.D. is not material as long as the candidate possesses it at the time of selection. The petition was dismissed. (Paras 1-10)
Issue of Consideration
Whether a candidate who did not possess NET/SET and acquired Ph.D. after the last date for applications can be exempted from NET/SET requirement for appointment as Assistant Professor.
Final Decision
The court dismissed the writ petition, upholding the selection of respondent no.6 as Assistant Professor.
Law Points
- Essential qualification for Assistant Professor
- NET/SET exemption for Ph.D. holders
- Relevance of Ph.D. acquisition date
- UGC Regulations 2009
- Interpretation of advertisement conditions
Case Details
2012 LawText (BOM) (07) 9
Writ Petition No. 9386 of 2011
B.P. Dharmadhikari, Sunil P. Deshmukh
Mr. S.P. Brahme (for petitioner), Mr. K.B. Chaudhary (for respondent no.1), Mr. S.P. Shah (for respondent no.4), Mr. Parag P. Shahane (for respondent no.5), Mr. S.B. Talekar (for respondent no.6), Mr. N.E. Deshmukh (for respondent nos.7 to 9)
The State of Maharashtra, Dr. Babasaheb Ambedkar Marathwada University, Board of College & University Development, Jawahar Education Society's, Vaidyanath Arts, Science and Commerce College, Miss. Jijabai Balasaheb Kangne, Dr. Vasant Gahininath Sanap, Bhagwan Shripati Sangle, Shailesh Annkulwar, Dr. L.K. Rathod
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Nature of Litigation
Writ petition challenging selection of respondent no.6 as Assistant Professor on ground of lack of essential qualification of NET/SET.
Remedy Sought
Petitioner sought quashing of selection of respondent no.6 and his own appointment in her place.
Filing Reason
Petitioner alleged that respondent no.6 did not possess NET/SET and her Ph.D. was obtained after the last date for applications, thus she was not eligible for exemption from NET/SET.
Issues
Whether respondent no.6 possessed the essential qualification for appointment as Assistant Professor given her lack of NET/SET and Ph.D. obtained after the last date for applications.
Whether the Selection Committee was biased or acted malafide.
Submissions/Arguments
Petitioner argued that respondent no.6 lacked NET/SET and her Ph.D. was obtained after the last date for applications, thus she was not eligible for exemption.
Respondents argued that UGC Regulations exempt Ph.D. holders from NET/SET and the date of Ph.D. acquisition is not material.
Ratio Decidendi
The UGC Regulations exempt Ph.D. holders from the requirement of NET/SET for appointment as Assistant Professor, and the date of acquisition of Ph.D. is not material as long as the candidate possesses the degree at the time of selection.
Judgment Excerpts
Exemption from NET/SET is available only if candidate has Ph.D.
The court held that the UGC Regulations exempt Ph.D. holders from NET/SET, and the date of acquisition of Ph.D. is not material.
Procedural History
The petition was filed in 2011. Notice was issued on 12.1.2012 with a caution that the petition may be disposed of at admission stage. The court heard the matter finally with consent of parties and reserved judgment on 4th July 2012, pronouncing it on 25th July 2012.
Acts & Sections
- University Grants Commission Act, 1956:
