--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. S. C. SHARMA, J WRIT PETITITION NO. 5611 / 2011 MEHMOOD HUSSAIN MANSURI Vs. MAHARSHI PANINI SANSKRIT EVAM VAIDIK UNIVERSITY A N D WRIT PETITITION NO. 6017 / 2011 Dr. ABHISHEK PANDEY & 2 OTHERS Vs. MAHARSHI PANINI SANSKRIT EVAM VAIDIK UNIVERSITY AND ANOTHER * * * * * O R D E R ( 11/8/2011) Regard being had to the similitude in the controversy involved in the matter, the above cases were heard together and a common order is being passed. The facts of WP No. 5611 / 2011 are narrated as under : The petitioner before this Court has filed this present writ petition being aggrieved by the action of the respondents in not permitting the petitioner to participate in the process of selection for the post of Asstt. Professor, --- 2 --- Sanskrit. The contention of the petitioner is that he belongs to a backward Muslim community and has obtained a Bachelors degree in the year 1999 with First Division from Vikram University, Ujjain. Petitioner has further stated that he has obtained a Master's degree in Sanskrit again in First Division from Vikram University, Ujjain and was in fact, placed at Sl.No.3 of the Merit List, meaning thereby he is a meritorious candidate and enjoys brilliant academic record. Petitioner has further stated that after obtaining a Master's Degree in the year 2001 he was enrolled for award of Doctor of Philosophy (Ph.D) and the same was conferred upon him in the year 2007. Petitioner's further contention is that an advertisement was issued by respondent University, a University established by virtue of statutory provisions as contained in the Maharshi Panini Sanskrit Evam Vaidik Vishvavidyalaya Adhiniyam, 2007, inviting applications for the post of Associate Professors and the Asstt. Professors. The petitioner has further stated that an application was submitted by him pursuant to the advertisement dt. 31/12/10. However, the list of candidates eligible for --- 3 --- interview was published on 25/7/11 wherein the name of the petitioner was not included. The petitioner immediately protested in the matter by submitting a representation dt. 6/7/11 and requested the University to permit him to appear in the process of selection. The petitioner's grievance is that he was not permitted to participate in the selection process and therefore he has immediately approached this court. Notices were issued on 18/7/11 and this court has already observed on 25/7/11 that any appointment made by the respondent University shall be subject to final outcome of the present writ petition. Learned counsel for the parties have informed this court that till date no appointment order has been issued. A reply has been filed in the matter and the stand of the respondent University is that the petitioner has not qualified National Eligibility Test (NET) which is also a mandatory qualification for the post of Asstt. Professors in a University. The respondents have also stated that the University Grants Commission has framed regulations in exercise of powers conferred under University Grants --- 4 --- Commission Act, 1956 in the year 2009 known as University Grants Commission Minimum Standard and Procedure for Award of M.Phil / Ph.D., Degree) Regulations 2009 and by virtue of aforesaid regulations a candidate who wishes to enroll himself for Ph.D., degree is required to appear in qualifying examination (NET Examination) and after qualifying the qualifying examination a candidate is registered for Ph.D., degree and only those candidates who have been awarded Ph.D., degree under the Regulations of 2009 are exempted to possess NET Qualification. The respondents have further stated that as the petitioner though he is a Ph.D., holder has not obtained a Ph.D., under the Regulations of 2009 and therefore it is mandatory in case of the petitioner to possess National Eligibility Test qualification. Respondents have also stated that the qualifications framed by the respondent University are based upon the qualification prescribed by the University Grants Commission Notification dt. 30/6/10 and the aforesaid Regulations also provide for qualifying NET examination or for holding a Ph.D., degree in consonance with the --- 5 --- Regulations of 2009. Learned counsel for the respondents has vehemently argued before this court that the petitioner is not possessing a Ph.D., degree in terms of Regulations of 2009 and has also not qualified the National Eligibility Test and therefore they have rightly not issued an interview call letter to the petitioner and the writ petition deserves to be dismissed. Learned counsel for the respondent has also stated in the return that the University Grants Commission has also not been impleaded as one of the respondents and therefore the petition deserves to be dismissed on the ground of non joinder of necessary parties. Heard learned counsel for the parties at length and perused the record. In the present case, the petitioner before this court who is a member of OBC has filed this present petition being aggrieved by non issuance of interview call letter for the post of Asstt. Professor. The petitioner undoubtedly is holding brilliant academic record and has always obtained First Division / Distinction in graduation level as well as in the post graduation level examination. The petitioner after --- 6 --- his graduation in the year 2001 got enrolled for award of Doctor of Philosophy Degree (Ph.D.,) and was finally awarded a Ph.D., degree in Sanskrit under the faculty of Arts in the year 2007. The respondent University is a University constituted by virtue of an enactment of the State Legislature known as Maharshi Panini Sanskrit Evam Vaidik Vishvavidyalaya Adhiniyam, 2007 and Ordinance No. 15 has been framed, which prescribes qualification in respect of teaching posts. Ordinance 15 provides for qualifications for the post of Lecturer (Asstt. Professor) and the same reads as under : C. Lecturer : Good academic record with at least 55% of the marks, or an equivalent grade of B in the 7 point scale with letter grades O, A, B, C, D, E and F at the Masters degree level, in the relevant subject from an Indian University or an equivalent degree form a foreign University. NET / SLET shall remain the minimum eligibility condition for recruitment and appointment of Lecturers in Universities / Colleges / Institutions. Provided, however, that candidates, who are or have been awarded Ph.D., degree in accordance of the “University Grants Commission --- 7 --- (minimum standards and procedure for award of Ph.D. Degree) Regulations 2009” shall be exempted from the requirement of the minimum eligibility condition of NET / SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities / Colleges / Institutions. Thus, it is evident that for the post of Lecturer NET / SLET is the minimum eligibility condition. However, the ordinance further provides that those candidates who are possessing a Ph.D., degree or who have been awarded a Ph.D. Degree in accordance with Regulations of 2009 shall be exempted from requirement of minimum eligibility condition of NET / SLET. It is pertinent to note that prior to 2009 the procedure for registration of a research scholar for award of M. Phil / Ph., D. Degree was not through NET / SLET / GET / any other examination and for the first time the procedure has been streamlined by the University Grants Commission by framing regulations known as University Grants Commission (minimum standards and procedure for award of Ph.D. Degree) Regulations 2009”. The petitioner has certainly obtained a Ph.D., degree prior to --- 8 --- implementation of the Regulations of 2009. The University Grants Commission in exercise of powers conferred under the provisions of University Grants Commission Admission Act, 1956 has framed regulations known as University Grants Commission (Minimum qualifications for appointment of Teachers and other academic staff in universities and colleges and measures for maintenance of standards in the higher education) Regulations, 2009 and the aforesaid regulations also provide qualifications for the post of Professor, Principal, Associate Professor and Asstt. Professor. Clause 4.4.0 provides for qualification for the post of Asstt. Professor and the same reads as under : 4.4.0 Assistant Professor. 4.4.1 Arts, Humanities, Sciences, Social Sciences, Commerce, Education, Languages, Law, Journalism and Mass Communication. i.. Good academic record as defined by the concerned university with at least 55% of the marks or equivalent grade where grading system is practiced 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 should have cleared the National Eligibility --- 9 --- Test (NET) conducted by the U.G.C., CSIR or similar test accredited by the U.G.C. Like SLET / SET. iii. Holders of Ph.D., degree as on the date of Notification of these Regulations, along with those candidates who are awarded a Ph.D., degree through a process of admission, registration, course work and external evaluation as laid down in the University Grants Commission (Minimum Standsrds and Procedures for award of M. Phil. / Ph. D., Degree), Regulations, 2009 and so adopted by the university, shall be exempted from NET / SLET / SET. iv. NET / SLET / SET shall also not be required for such masters Programmes in disciplines for which NET / SLET / SET is not conducted subject to the conditions stipulated in these Regulations in clause 3.3.3. The aforesaid Regulations makes it very clear that a candidate holding a Ph.D. Degree on the date of issuance of Notification or those candidates who have been awarded Ph.D., degree under the Regulations of 2009 are exempted from NET / SLET / SET. The University Grants Commission again in exercise of powers conferred u/S. 26 of the University Grants Commission Act 1956 has framed Regulations in the matter of qualifications for appointment of Teachers known as Regulations of 2010 and clause 4.4.0 --- 10 --- of the aforesaid Regulations again reads as under : 4.4.0 Assistant Professor. 4.4.1 Arts, Humanities, Sciences, Social Sciences, Commerce, Education, Languages, Law, Journalism and Mass Communication. i.. Good academic record as defined by the concerned university with at least 55% of the marks (or an equivalent grade in a point scale whereever 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 U.G.C., CSIR or similar test accredited by the U.G.C. Like SLET / SET. iii. Notwithstanding anything contained in sub-clause (i) and (ii) to this clause 4.4.1, 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 Phd. Degree) Regulations 2009 shall be exempted from the requirement of the minimum eligibility condition of NET / SLET / SET for recruitment and appointment of asstt. Professor or equivalent positions in Universities / Colleges / Institutions. iv. NET / SLET / SET shall also not be required for such Masters Programmes in disciplines for which NET / SLET / SET is not conducted. The aforesaid regulations also make it very clear that --- 11 --- those candidates who are possessing Ph.D., degree or have been awarded a Ph.D., degree in accordance with Regulations of 2009 shall be exempted from the requirement minimum eligibility of condition of possessing NET / SLET / SET qualification. This Court is of the considered opinion that the aforesaid regulations framed by the University Grants Commission from time to time as well as the Ordinance framed by the respondent University makes it very clear that a person who is holding a Ph.D., degree which was granted to him prior to coming into force of the Regulations of 2009 is not required to clear NET / SLET / SET and similarly a person who has obtained a Ph.D., Degree under the Regulations of 2009 is also not required to possess NET / SLET / SET qualification. The exemption has been granted by the statutory provisions to all those persons who are possessing Ph.D., degree and only because after 2009 a person has to obtain a Ph.D., degree only in consonance with the Regulations of 2009, the proviso exempts those persons also who have obtained Ph.D., degree under the Regulations of 2009. There cannot be a class within a class of Ph.D., degree holders and Ph.D., is granted under the provisions of Maharshi Panini Sanskrit Evam Vaidik Vishwavidyalaya Adhiniyam, 2007 and also keeping in --- 12 --- view the ordinance framed by the University ie., Ordinance No.12. Resultantly, this Court is of the considered opinion that the petitioner who holds a Ph.D., degree is certainly entitled to be interviewed for the post of Asstt. Professor. As interviews have already taken place, the respondents are directed to conduct fresh interview in case of the petitioner within 30 days from the date of receipt of certified copy of this order. It is needless to mention that till fresh interviews are held, as directed by this court, the respondents shall not finalise the process of selection for the post the petitioner has applied. Respondents after conducting the interview in case of the present petitioner and in case of the other petitioners who are petitioners in WP No. 6017 / 2011 shall finalise the process of recruitment. With the aforesaid, this petition stands allowed. No order as to costs. (S. C. SHARMA) J U D G E KR