B.P.DAS, J & S.PANDA, J. W.P.(C ) NO.15068 OF 2010 (Decided on 18.11.2010) DR. ALIVA MOHANTY ……… Petitioner. .Vrs. UTKAL UNIVERSITY, ORS. ………. Opp.Parties. For Petitioner - M/s. S.J.Pradhan, D.Pradhan. For Opp.Parties - Mr. G.P.Mohanty. B. P. DAS, J. This writ application has been filed by the petitioner with a prayer to direct the opposite parties to issue call letter to her for the interview to be held on 08.09.2010 for the post of Lecturer in Women’s Studies, pursuant to the advertisement dated 30.4.2010 in Annexure-2 or alternatively to quash the advertisement dated 30.4.2010 and to issue a fresh advertisement in terms of the University Grants Commissions (Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010, hereinafter referred as the “UGC Regulations, 2010”. 2. The brief facts leading to the writ application tend to reveal as follows:- The petitioner completed her H.S.C. Examination in the year 1982 with 1st division securing 67% marks. She also completed I.A. with 1st division securing 67 % marks and graduation in arts with 2nd Class Hons securing 59% marks. Thereafter she completed her Post Graduation in Economics from Utkal University in 2nd Class securing 58% marks. After completing P.G. in Economics in the year 2001, she started prosecuting her Ph. D degree in “A study on Socio Economic and Demographic Status of Women in Orissa” and completed the same in the same year 2001 and accordingly the petitioner was awarded with the Ph. D. Degree in 2001. Thereafter, she did her M.A. in Women’s Studies from Allagappa University, Tamilnadu in the year 2004 and subsequent thereto, she completed M. Phill in Women’s Studies from Mother Teresa Women’s University, Kodaikanal. During the period from January, 2004 to May, 2005 she was engaged as Deputy Course Coordinator for M.A. in Women’s Studies by Utkal University, Bhubaneswar. She was also appointed as Examiner and Question Setter in Women’s Studies and also a Member of Steering Committee of School of Women’s Studies, Utkal University. The petitioner was also the Examiner and Question Setter for M. Phil in Women’s Studies, Revenshaw University, Cuttack and was also invited as subject expert by Berhampur University for conducting research and projects. She was permitted to act as Research Guide of the University and allowed to take 8 scholars at the maximum and presently three students are doing research work under her guidance. In the year 2005, Utkal University decided to engage two number of Adjunct Lecturers in the School of Women’s Studies and accordingly an advertisement was published in the local newspaper on 18.11.2005 fixing certain eligibility criteria like minimum 55 % marks in P.G. in Women’s Studies and preference will be given to those having Ph.D. or M. Phil Degree relating to Women’s issues and the candidate should have P.G. Teaching experience in Women’s Studies and should have publication of papers in national and international journals. The petitioner responded to the said advertisement and ultimately she stood first in the selection list and was engaged on contractual basis as Adjunct Lecturer in the School of Women’s Studies for a period of one year from the date of joining and is also continuing as such in the said post till date as extensions have been granted to her from time to time. In the meantime, the petitioner had published six papers in the national journals and two papers in the international journals to her credit. Apart from this, her book titled “Development of Rural Women” was published by the Yash Publication, New Delhi. While the petitioner was so continuing, Utkal University made an advertisement on 30.4.2010 under Annexure-2 inviting applications in prescribed form from eligible candidates for engagement in teaching positions in various Departments of the University including one post of Lecturer in the Department of Women’s Studies. The advertisement stipulates that the said positions are on contractual basis and co- terminus with the date 31.3.2012 or upto the funding from the UGC, whichever is earlier, and the positions are purely temporary in nature and can be terminated at any time by the University authorities without assign any reason thereof. The qualifications for the said positions will be as per the UGC norms and the Selection Committee for the posts will be constituted as per the decision of the Syndicate dated 15.2.2010. The last date for submission of application form was fixed to 31.5.2010. According to the petitioner, the UGC Regulations, 2010 is applicable to every University established or incorporated by or under a Central Act, Provincial Act or a State Act. Clause 3.0.0 of the UGC Regulations, 2010, deals with the recruitment and qualifications of the vacancies. The relevant clauses of Clasue-3.0.0 i.e. Clauses 3.1.0, 3.2.0, 3.3.0 and 3.3.1 are quoted thus:- “3.1.0 The direct recruitment to the posts of Assistant Professors, Associate Professors and Professors in the Universities and Colleges shall be on the basis of merit through all India advertisement and selections by the duly constituted Selection Committees as per the provisions made under these Regulations to be incorporated under the Statutes/Ordinances of the concerned university. The composition of such committees should be as prescribed by the UGC in these Regulations. 3.2.0 The minimum qualifications required for the post of Assistant Professors, Associate Professors, Professors, Principals, Assistant Directors of Physical Education and Sports, Deputy Directors of Physical Education and Sports, Directors of Physical Education and Sports, Assistant Librarians, Deputy Librarians, Librarians will be those as prescribed by the UGC in these Regulations. 2 3.3.0 The minimum requirements of a good academic record, 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the master’s level and qualifying in the National Eligibility Test (NET), or an accredited test (State Level Eligibility Test - SLET/SET), shall remain for the appointment of Assistant Professors. 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) Regulations, 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.” 3. Relying upon the aforesaid provisions and the UGC Regulations, 2010, learned counsel for the petitioner submitted that the petitioner was not required to clear the National Eligibility Test (‘NET’ in short) as she was awarded with Ph.D. degree in women’s related subject and as per the University Grant Commission (Minimum Standards and Procedure for award of Ph.D. Degree) Regulation, 2009, the candidates, who are having Ph.D. degree, shall be exempted from the minimum eligibility condition of NET/SLET, which has also been dealt with in UGC Regulations, 2010. Learned counsel further submits that since the petitioner has not been called to the interview, the action of the opposite parties is per se illegal and, therefore, the petitioner has filed the writ application with the prayer as indicated above. 4. On 6.9.2010, while issuing notice, this Court in Misc. Case No. 14196 of 2010 allowed the petitioner to participate in the interview, which was going to be held on 8th September, 2010 for the post of Lecturer in Women’s Studies, but directed that the result of the interview for the said post should not be declared without leave of this Court. Said interim order is continuing. 5. A counter affidavit has been filed on behalf of the opposite parties through the Assistant Controller of Examination of the University taking the stand that the petitioner has not possessed the NET or Ph. D degree in Women’s Studies for becoming eligible to the post as per Regulation 4.4.1 of the U.G.C. and whatever degree she has obtained is based upon her basic subject Economics for which the claim of the petitioner that she possessed the Degree as per the advertisement is misconceived. It is further indicated that she had no NET/SLET or Ph. D. degree in Women’s Studies as per U.G.C. Guidelines and hence the Scrutiny Committee rejected her case. It is also indicated that publication of paper in national and international journals is not the consideration in this case. As Women’s Studies is an interdisciplinary subject, any post graduate degree holder is not eligible for lectureship. 6. This being the stand of the opposite parties, let us now have a look at the Rules governing the field. It is the case of the petitioner that she is a Post Graduate from Utkal University and is a Ph. D. degree holder on the subject “A study on Socio Economic and Demographic Status of Women in Orissa”. This aspect has not been disputed nor the 3 fact that she did her M.A. in Women’s Studies from Allagappa University. The objection of the University to her application is only to the fact that even though she is M.A. in Women’s Studies, she does not have any Ph.D degree or NET qualification. 7. The Regulations, governing the filed, i.e. University Grant Commission (Minimum Qualification required for the Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to it) Regulations, 2000, was amended in 2002, 2006 and 2009. In the Regulations, 2009, it has been indicated that NET/SLET shall remain the minimum eligibility condition for requirement and appointment of Lecturers in Universities/Colleges/Institutions, but those, who have been awarded with Ph.D. degree in compliance of the Regulations, 2009 shall be exempted from the requirement of the minimum eligibility condition of NET/SLET. 8. Let us see whether the petitioner is justified in claiming that her Ph.D. degree should have been considered while scrutinizing her application. The stand of the opposite parties is that Women’s Studies is an interdisciplinary subject, which means that Women’s Studies, as claimed by the petitioner, has emerged as a discipline with a core area of theory, within an interdisciplinary framework that draws on theories from other disciplines, which means from other social sciences. So, it cannot be equated with other traditional subjects. So far as Women’s Studies is concerned, it was rightly pointed out by learned counsel for the petitioner that one has to be dependent upon various subjects right from Social Science to Economics. Regulation 4.4.0 of the UGC Regulations, 2010 deals with the Assistant Professor because of the reason that Assistant Professor is the base post and in the guideline there is no mention about the post of Lecturers. 9. Here in this case the petitioner has secured more than 55 % marks at the Master’s degree level. In point no.2 of the notes of the Advertisement in Annexure-2, it has been indicated that the qualifications for the said positions will be as per the UGC norms as amended from time to time by the UGC. So UGC norms 2010 provide that NET is not required when there is Ph.D degree. There is nothing on record to dispute that the petitioner did not have the Ph.D. degree on the Women’s related subjects because she did Ph.D in “A study on Socio Economic and Demographic Status of Women in Orissa”. Hence in our considered opinion, the petitioner is eligible to get a call letter for the post of Lecturer as per advertisement in Annexure-2. Pursuant to the interim order, the University authorities have already allowed the petitioner to appear in the interview. 10. Accordingly we hold that the petitioner is eligible to be considered for the post of Lecturer in Women’s Studies. As she has already appeared in the interview along with others, the opposite parties shall now publish the result of such interview. The writ petition is disposed of with the above order. No cost. Writ petition disposed of. 4