: 1 : wp.4803.2010 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4803 OF 2010 Smt.Shaila M. Daware .. Petitioner V/s. The State of Maharashtra & Ors. .. Respondents Mr.S.S. Kanetkar for the Petitioner Mr.C.R. Sonawane, AGP, for the Respondent Nos.1 & 2 Mr.R.A. Rodrigues for Resp. No.3 Mr.P.S. Dani for Resp. Nos.6 & 7 Mr.S.B.Deshmukh for Resp. 15 CORAM: B.H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: AUGUST 22, 2011 P.C.: 1. We have heard Mr.Kanetkar, learned Counsel for the Petitioner. The petitioner passed her LL.M. Examination in the year 2003 and came to be appointed as a full time Lecturer on 14.7.2004 for two years under Respondent No.7 College at Pune. Though she did not possess the qualifications of NET/SET. This appointment was on a consolidated salary of Rs.8,000/- per month and under a special recruitment drive for the reserved posts. The petitioner belongs to the Scheduled Caste category and the appointment was for the academic year. However, on : 2 : wp.4803.2010 the basis of the Government of Maharashtra Circular dated 31.5.2005, her appointment was continued beyond 14.7.2006 and upto July 2008. Her appointment was thereafter again extended for one year upto 18.6.2009 and all these years she worked on a consolidated salary of Rs.8,000/- per month as she could not obtain the NET/SET qualifications. She was finally informed that she was not qualified for appointment to the post of full time lecturer and consequently on 18.6.2009, she was continued on clock hour basis. The University Grants Commission (for short, UGC) by its circular dated 22.3.2010 informed all the colleges and the State Governments that about 1269 college teachers who were appointed on adhoc / temporary basis and who did not possess the NET/SET qualifications were exempted from the requirement of the said qualifications. The Government of Maharashtra followed the same Circular and the University of Pune issued the Circular on 22.3.2010 granting exemption from the requirement of NET/SET qualifications to the College teachers who were already in employment on temporary/adhoc basis. The petitioner relies upon the State Government decision and prays for directions in this petition filed under Article 226 of the Constitution of India to treat her service as regular w.e.f. 14.7.2004 under the Scheduled Caste category and further prays for directions to withdraw the advertisement : 3 : wp.4803.2010 issued on 14.5.2010 by respondent Nos.6 and 7. She claims that on the basis of the exemption granted by the UGC, she is required to be appointed against the vacant post reserved for Scheduled Caste and the process of recruitment pursuant to the order dated 14.5.2010 cannot be allowed to go on any further. 2. The Administrative Officer from the Office of the Joint Director of Higher Education, Pune Region at Pune has filed an affidavit in reply and opposed the petition. It has been pointed out that the decision taken by the UGC on 23.3.2010 for exemption from the requirement of NET/SET has been subsequently withdrawn by the Circular issued by the very same Commission on 3.6.2010 and, therefore, the petitioner cannot claim exemption from the requirement of NET/SET unless she has obtained the Ph.D. Degree. Shri B.K Singh, Deputy Secretary from the UGC has also filed affidavit in reply and has specifically pointed out that the Government of India in exercise of its powers conferred u/s 20 of the University Grants Commission Act, 1956 issued an order on 30.3.2010 calling upon the UGC to withdraw its circular dated 3.6.2010 thereby granting exemption from the requirements of NET/SET qualifications and accordingly, the UGC issued the circular dated 2.6.2010. It had been further pointed out that the UGC’s decision taken : 4 : wp.4803.2010 in its 468th meeting held on 23.2.2010 for granting exemption was found to be contrary to the national policy by the Government of India and, therefore, by exercising its powers u/s 20 of the University Grants Commission Act, the decision of the UGC was directed to be recalled. It is thus claimed that the circular dated 22.3.2010 issued by the UGC granting exemption from the requirement of the qualifications of NET/SET cannot be relied upon by the petitioner in spite of the fact that her name appears at serial No.1210 of the list of candidates who have been exempted from the said qualifications annexed to the circular dated 22.3.2010. When tfhe Petitioner does not fulfill the requirement of qualifications she is not entitled for a writ from this Court and the Union of India has been empowered u/s 20 of the University Grants Commission Act to supersede or recall the decisions taken by the UGC if they are found to be against the national policy. 3. Hence, the Petition must fail at the threshold and the same is hereby rejected summarily. Ad-interim order if any stands vacated. (SMT.NISHITA MHATRE, J.) (B.H. MARLAPALLE, J.)