Meharsing Bhika Pawra vs The State Of Maharashtra And ...
2017 Latest Caselaw 7759 Bom

                                     (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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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.

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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

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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

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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