- (1.) THE petitioner nos. 1 and 2 are post-graduates in Sanskrit from University of Allahabad and hold Ph.D degrees from Bundelkhand University, Jhansi in the year 2009 and from University of Allahabad in the year 2003 respectively. Both of them applied in pursuance to an advertisement dated 8.7.2011 issued by the University of Allahabad inviting applications from candidates eligible to be appointed as Lecturers, for Guest Faculties in various departments of the University including Department of Sanskrit. They were required to submit their bio-data in the concerned department/faculty of law by 18.7.2011. The advertisement provided that the UGC norms will be applicable to the selections. There was no mention of the number of posts; the applicability of reservation to the posts and other conditions for selections.
(2.) THE selections are provided to be made by interviews to be conducted by the Selection Committee. The petitioners were not called for interviews, giving rise to this writ petition with the prayer to call for records pertaining to the selection process and to organise the selection process for engagement of Guest Faculties/Lecturers in the Department of Sanskrit afresh as per guidelines of University Grants Commission (UGC). By an interim order dated 21.9.2011 the Court directed the University to maintain the status quo as on that date upto 27.9.2011. The interim order was modified on 13.10.2011, confining the order only with regard to the subject of Sanskrit. The University was permitted to declare the results of selections for other departments. We have heard Shri Jitendra Kumar and Shri Chandan Sharma for the petitioners. Shri R.B. Singhal, Assistant Solicitor General of India assisted by Shri Mahendra Bahadur Singh appear for the Union of India. Shri A.K. Goyal and Shri Gautam Baghel appear for University of Allahabad. Shri Ritvik Upadhyay appears for University Grants Commission.
(3.) IN the short counter affidavit filed on behalf of the University it is stated that the University of Allahabad was established by the U.P. State Universities Act, 1973. It was declared as an Institution of National Importance by University of Allahabad Act, 2005. Section 29 of the Act empowers the University to make its Ordinance with the previous approval of the Central Government. Chapter XLIV deals with the part time Lecturers and Guest Faulty. The University Grant Commission, in exercise of its powers conferred by clause (e) & (g) of sub-section (1) of Section 26 of the University Grants Commission Act, 1956, has made the UGC (Minimum Standards and Procedure for Award of M. Phil/Ph.D. Degree), Regulation, 2009 which was amended on 11.7.2009 by the 3rd Amendment to the regulations and which provides that NET/SLET is a necessary qualification for the post of Assistant Professor/Lecturer. The University Grants Commission in its meeting dated 23.2.2010 vide its agenda No. 6.04 and 6.05 had exempted NET qualification in specific cases, however, the Union Government exercising its power under sub-section (1) of Section 20 of the University Grants Commission Act, 1956 issued directions to the UGC not to implement the exemption granted by it from the applicability of NET in its meeting dated 23.2.2010. The Central Government referred to a policy decision taken by it dated 12.11.2008 that UGC shall not give any blanket or general exemption from NET/SLET to any University or an institution deemed to be a University, unless the Ph.D awarded by an University or an institution deemed to be a University meets the same level or rigor in terms of standards and quality as laid down by the UGC for each discipline under regulations for this purpose.;