PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of the candidates having Ph.D. degree in different subjects and is filed for issuance of a writ in the nature of mandamus commanding the respondents to rescind, cancel and withdraw the cut off date as mentioned in the UGC Regulations 2009 wherein the cut off date has been mentioned to the effect that the person awarded Ph.D. degree after July 11, 2009 are not eligible for appearing examination and other consequential reliefs including raising the upper age limit from 37 to 40 years.
(2.) THE West Bengal College Service Commission published an employment notification dated December 27, 2012 for filling up the posts of Assistant Professors, Principals and Librarians. The eligibility criteria and other conditions have also been mentioned therein. Pursuant to the advertisement no.1 of 2012 for filling up the posts of Assistant Professors, Principals and Librarians, the petitioners filed applications for the posts of Assistant Professor in different subjects for general degree colleges other than B.Ed. colleges and B.Ed. departments in general degree colleges and for that purpose they are the holders of master degree in the respective subjects. They were also awarded Ph.D. degrees by different universities in the relevant subjects. The respondent UGC published Regulations of 2009 which were effective from July 11, 2009. The petitioners had enrolled registration for the Ph.D. degree before the promulgation of the Regulations of 2009 and in some cases they were awarded the Ph.D. degrees after the promulgation of the Regulations of 2009. But, as per the advertisement the candidates who have been awarded Ph.D. degrees in terms of Regulations of 2009 will be exempted from NET qualification mandates. So this application has been preferred for the reliefs already stated. The petitioners have contended that the action of the respondents is absolutely arbitrary, illegal and discriminatory and so the Regulations must be set aside and the upper age bar should be enhanced. Now, the question is whether the respondent authorities acted contrary to the statutory provisions by not allowing the petitioner to participate in the selection process for appointment to the aforesaid posts and whether the Regulations of 2009 should be rescinded, cancelled and withdrawn.
(3.) UPON hearing the learned Counsel for the parties and on going through the materials on record, I find that the advertisement no.1 of 2012 published by the West Bengal College Service Commission describes the minimum eligibility conditions for appointment to the different posts as indicated earlier. The said advertisement also lays down the qualification for recruitment in different subjects for general degree colleges. The matter in dispute is with regard to the Ph.D. degree and the upper age limit as mentioned in the said advertisement.;