1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Wri t Petition Nos.4266/2006, 5037/08,4486/2007, 4386/07, 4500/07 and 462/2008. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Mr. P.R. Puri, Adv. for the petitioner. (In WP No.4266/06) Mr. A.S. Chandurkar, Adv. for the petitioner. (In WP Nos.4500/07, 4486/07, 4386/07, 462/08) Mrs. B.P. Maldhure, Adv. for the petitioner. (In WP No.5037/08) Mr. S.K. Mishra, ASG for Union of India. (In all the petitions) Mr. S.K. Mishra, ASG for UGC. (In all the petitions) Mr. Sambre, G.P. and Mr. Khubalkar, AGP for State of Maharashtra.(In all the petitions) Mr.Badhe,Adv. for respondents 3 and 4. (In Writ Petition No. 4386/07) Mr R. Darda, Adv. for respondent no.4. (in WP No.4486) Mr. Sudame, Adv. for respondent no.4. (WP No.4500/07) Mr. Kulkarni, Advocate for the respondents 5 to 253(in Writ Petition No. 4266/06. Coram : B.H. Marlapalle and A.H. Joshi, JJ. Dated : 27th November, 2008. All these Writ Petitions seek a common relief of either exemption in the qualifications of the NET/SLET or for extension already granted in such exemptions by 2 the University Grants Commission and, therefore, they are being disposed off by this common order. Mr. Mishra, the learned Assistant Solicitor General, has placed on record a pursis along with a copy of the order dated 12.11.2008 passed by the Department of Higher Education, Ministry of Human Resource Development Department, Government of India, and the said order states that the report of the `Mungekar Committee' was considered by the University Grants Commission in its meeting held on 25.8.2008 and the Government considered the said report in the light of the recommendations made by the UGC and in exercise of the powers conferred by sub-section(1) of Section 20 of the University Grants Commission Act, 1956, the Central Government has directed, as under:- (1) the UGC shall, for serving the national purpose of maintaining standards of higher education, frame appropriate regulations within a period of thirty days from the date of issue of this Order prescribing that qualifying in NET/SLET shall generally be compulsory for all persons appointed to teaching positions of 3 Lecturer/Assistance Professor in higher education, and only persons who possess degree of Ph. D. after having been enrolled/admitted to a programme notified by the Commission, after it has satisfied itself on the basis of expert opinion, as to be or have always been in conformity with the procedure of standardization of Ph. D. prescribed by it, and also that the degree of Ph. D. was awarded by a University or Institution Deemed to be University notified by the UGC as having already complied with the procedure prescribed under the regulations framed by the Commission for the purpose. (2) the UGC shall notify the date or dates from which exemption from qualifying in NET/SLET in respect of Universities/Institutions Deemed to be Universities as well as the discipline for which such exemption is being granted only on the recommendations of a Committee of Experts to be constituted by the Commission and that the experts therein shall be persons of high eminence in the respective disciplines for which the persons possessing Ph. D. are considered for exemption from qualifying NET/SLET. 4 (3) the UGC shall not give any blanket or general exemption from NET/SLET to any University/Institution Deemed to be University unless the degree of Ph. D. awarded by it in all disciplines or programmes meet the same level of rigour in terms of standards and quality as laid down by the Commission for each discipline under the regulations for the purpose, and that exemption from NET/SLET in respect of Ph. D. awarded by any University/Institution Deemed to be University or to one or more of its programmes/disciplines in respect of such Ph. D. shall be further subject to the University/Institution continuing to comply with the regulations of the UGC and shall be open to review or reconsideration by the Commission; and, such exemption shall be withdrawn in any or all disciplines or in respect of an award of Ph.D. to any person or persons, where the Commission has, on the basis of recommendation by the Committee of experts or on the basis of any inquiry conducted by it suo moto, reasons to believe that there has been deviation from or violation of the procedure prescribed by Commission. 5 So far as the lecturers, who were in service, from 1991 onwards, the issue of exemption to them is claimed to be covered by the orders passed by the UGC on 5.11.2008 based on the Commission's decision in its meeting dated 7th and 8th October 2008. If any of the petitioners are governed by this communication dated 5.11.2008 addressed by the UGC to the Registrar of the University concerned, undoubtedly, their proposals will have to be considered and approved, as per the said decision of UGC and also the decision of the Government of India, if any, subsequently taken and applicable to the teacher appointed between the years 1991 to 2006. Submimission of such representations by such teachers will be without prejudice to the impugned order. Hence, the relief prayed for by the petitioners who are not similarly placed will have to be in accordance with the Government of India order dated 12.11.2008 and now the said issue has to be resolved by the University Grants Commission on the recommendations of the University concerned and, 6 undoubtedly, the final decision of the UGC has to be as per the order passed by the Government of India, and as reproduced here-in- above. The petitioners, therefore, will have to approach the University concerned, which in turn may submit its report of University Grants Commission, which will consider such proposals, in keeping with the order passed by the Union of India on 12.11.2008. Hence, the petitions are disposed off with liberty as is available in law. JUDGE JUDGE Ambulkar.