LexUNIVERSITY GRANTS COMMISSION ETC. versus SADHANA CHAUDHARY AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A UNIVERSITY GRANTS COMMISSION ETC. v. SADHANA CHAUDHARY AND ORS. SEPTEMBER 17, 1996 B [S.C. AGRAWAL AND G.T. NANAVATI, JJ.] University Grants Commission Act, 1956. University Grants Commission (Qualifications Required of a Person to C be Appointed to the Teaching Staff of a University and Institutions Affiliated to it) Regulations 1991. Appointment of Lecturers-Exemptio11 granted to various categories of candidates from appea1ing in the Nation vide eligi.bility test by circulars dated Feb. 10, 1993, June 15, 1993 and notification dated June 21, 95 issued by D UGC-Validity of. Constitlltion of lndi~Artic/e 14-Right to equality-Cut off dates as prescribed by circular:. dated Feb 10, 93 June 15, 1993 and notification dated June 21, 1995 issued by UGC granting exemptio11 to various categories of E candidates from appearing in the eligi.bility test for appointment to the post of lecturer:,~Held, not violative of liglit to equality as such. F UGC framed University Grants Commission (Qualification re- quired of a person to be appointed to the teaching staff of a university and institutions affiliated to it) Regulations 1982 in exercise of powers conferred by S. 26(1)(e) of the Act laying down the minimum qualifica- tions for the purpose of appointment as university lecturer and college lecturer. On recommendations of Mehrotra committee and the Vice Chan- G cellors Conference, UGC framed (Qualification required of a person to be appointed to the teaching staff of a university and Institutions affiliated to it) Regulations. The 1991 regulations laid down that for the purpose of appointment to the post of lecturers in University & colleges a candidate should have good academic record with at least 55% marks H or an equivalent grade at master's level in the relevant subject from an 392 U.G.C. v. S. CHAUDHARY 393 IDdian University or an equivalent degree from a foreign University. A Candidates besides fulfilling the above qualifications should have cleared the eligibility test for lecturers conducted by UGC, CSIR or similar test accredited by the UGC. The rational of the eligibility test prescribed by 1991 Regulations was upheld by this Court in University of Delhi v. Raj Singh and Ors., [1994] Supp. 3 SCC 516. B UGC issued circulars on 15.2.93 and June 15, 1993 by which exemption was granted to 4 categories of candidates from appearing in the eligibility· test viz. • candidates who have passed UGC/CSIR J.R.F. examination, candidates who have already been awarded Ph. D. Degree, C candidates who have already been awarded M.Phil degree upto 31st, December 1992, and those who will submit their Ph.D. thesis upto 31st December 1993. The 1991 Regulations were further amended on 21.6.95 stipulating that candidates who have submitted thesis or passed M.Phil. examination by 31st December 1993 are exempted from the eligibility test for lecturer conducted by UGC, CSIR or similar test accredited by the UGC. Haryana Public Service Commission issued advertisement on Jan. 23, 1995 inviting applications for 200 tP.mporary posts of lecturers (College Cadre) in Haryana Educational Services (Group B) prescribing that along with the essential qualifications the candidates should have cleared the eligibility test for leCtureship conducted by UGC, CSIR or similar test accredited by the UGC. However the said condition was not applicable to the candidates who had been awarded M.Phil degree upto 31st December 1992 and who have .submitted Ph.D. thesis upto December 31, 1993. D E F The candidates who were awarded M.Phil degree in December 1993 approached High Court by way of a writ petition assailing the cut off dates fixed by the advertisement dated January 23, 1995. Allowing the G writ petition High Court held that the cut off dates fixed by the advertisement were unjust and not based on any rationale in as much as it amounts to creation of an artificial class amongst the eligible candidates though similarly situated, as the cut off dates fixed are far earlier to the date of the advertisement dated January 23, 1995. The High H 394 SU~REME COURT REPORTS (1996] SUPP. 6 s.c.~. A Court directed the Haryana Public Service Commission to issue a corrigendum extending the dates as prescribed in advertisement dated January 23, 1995 upto December 31, 1994. It further directed HPSC to ensure in future that as and when any such advertisement is issued that should bear in mind that the
Excerpt shown. Read the full judgment & AI analysis in Lexace.