(1) wp9193.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 9193 OF 2016
Meharsing s/o. Bhika Pawra .. Petitioner
Age.44 years, Occ. Service,
R/o. C/o. Sant Ramdas
Mahavidyalaya, Ghansavangi,
Ghansavangi, Dist. Jalna.
Versus
1. The State of Maharashtra .. Respondents
Through its Secretary
Higher Secondary Education
Department, Mantralaya,
Mumbai - 32.
2. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad,
Through its Chancellor.
3. The University Grants Commission,
Bahadurshah Jafar Marg,
New Delhi - 110 002
Through its Director.
4. Sant Ramdas Arts, Commerce and
Science College, Ghansavangi,
Tal. Ghansavangi, Dist. Jalna,
Through its Principal.
5. The Deputy Director of Higher
Education, Aurangabad,
Dist. Aurangabad.
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(2) wp9193.16
Mr.P.M. Nagargoje, Advocate for the petitioner.
Mr.K.D. Munde, A.G.P. for respondent/State.
Mr.Sanjeev B. Deshpande, Advocate for respondent No.3.
CORAM : S.V.GANGAPURWALA &
S.M.GAVHANE,JJ.
DATED : 03.10.2017 ORAL JUDGMENT [PER : S.V.GANGAPURWALA,J.] :-
1. Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken up for final hearing.
2. The petitioner assails the communication dated 20th January, 2016, rejecting proposal for relaxation of NET/SET. We have heard learned Counsel Mr.P.M. Nagargoje for the petitioner and Mr.Deshpande, A.S.G. for respondent No.3.
3. It is a matter of record that the petitioner came to be appointed in the year 2003 by following due selection process. Initially the appointment of the petitioner in the year 2001 was on clock hour basis. ::: Uploaded on - 07/10/2017 ::: Downloaded on - 08/10/2017 01:27:09 :::
(3) wp9193.16 However, in the year 2003, the petitioner was appointed after following due selection process. The appointment of the petitioner was also approved by the University. The University after lapse of five years forwarded proposal of the petitioner to respondent No.3 seeking exemption of NET/SET qualification. Same is rejected under the impugned communication.
4. The clarification issued by the Dy. Secretary, University Grants Commission dated 20.02.2009 specifically states that the amendment issued by the UGC DO letter No.F-1-1/2002 dated 14.06.2006 is applicable to those candidates recruited on or after 14.06.2006 i.e. the effective date of issue of the letter. The notification dated 14.06.2006 issued by the University Grants Commission states as under :-
"NET shall remain the compulsory requirement for appointment as Lecturer for those with post- graduate degree. However, the candidates having Ph.D. Degree in the concerned subject are exempted from NET for PG level and UG level ::: Uploaded on - 07/10/2017 ::: Downloaded on - 08/10/2017 01:27:09 ::: (4) wp9193.16 teaching. The candidates having M.Phil degree in the concerned subject are exempted from NET for UG level teaching only. "
5. The petitioner has attained M.Phil qualification on 19.08.2008. The cut off date as per regulation for obtaining M.Phil. qualification is 1st July, 2009. Same is also clear from the communication of respondent No.3 through Under Secretary dated 19.08.2008. The Commission has also further resolved in his 471 th meeting as under :-
"The Commission further resolved that since both the above mentioned Regulations are perspective and not retrospective in nature, therefore, all candidates having M.Phil degree on or before 10th July, 2009 shall remain exempted from the requirement of NET for the purpose of appointment as Lecturer/Assistant Professor. Further, all candidates who have either obtained Ph.D. Degree on or before 31st December, 2009 and candidates who had registered themselves for Ph.D. Degree on or before 10th July, 2009 and are subsequently awarded Ph.D degree, shall remain exempted from the requirement of NET for the purpose of appointment as Lecturer/Assistant Professor."
6. It is not disputed that the petitioner has ::: Uploaded on - 07/10/2017 ::: Downloaded on - 08/10/2017 01:27:09 ::: (5) wp9193.16 acquired M.Phil qualification on 19.08.2008 i.e. prior to the cut-off date as laid down in resolution (supra). In the light of above, it was erroneous on the part of respondent No.3 to reject the proposal seeking exemption from NET/SET qualification under the impugned communication.
7. In the result, the writ petition is allowed. The impugned communication (Exh."A") is quashed and set aside. The respondent shall grant exemption to the petitioner of NET/SET qualification as claimed.
8. Rule made absolute in above terms. No costs.
[S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.] snk/2017/SEP17/wp9193.16 ::: Uploaded on - 07/10/2017 ::: Downloaded on - 08/10/2017 01:27:09 :::