Jaswant Singh,J. - (1.) Petitioner-Divya, who is an aspirant for the post of Assistant Professor (College Cadre) in the subject of Computer Science has preferred the instant writ petition, seeking quashing of notification dated 21.09.2006 (P-8), Advertisement No. 10 dated 16.02.2016 (P-3) and the rejection letter dated 12.07.2017 (P-7) to the extent that National eligibility Test or similar accredited tests have been mandated as essential qualification for the post of Assistant Professor(College Cadre) Computer Science, which is contrary to the qualifications/requirements mandated by UGC vide Regulations dated 30.06.2010 (P-1). FACTS:
(2.) Haryana Public Service Commission issued an advertisement No. 10 dated 16.02.2016 (P-3) inviting applications for recruitment to 1647 posts of Assistant Professor (College Cadre) in various subject, including 167 posts of Assistant Professor (Computer Science) in HIGHER EDUCATION DEPARTMENT, Haryana. For all subjects except Fine Arts and Mass Communication, following qualifications were prescribed: " Essential Qualifications:- (1) ASSISTANT PROFESSORS (all subjects except Fine Arts and Mass Communication (a) Good academic record with at least 55% of the marks or an equivalent grade of B in the 7 Point scale with letter grades O, A, B, C, D, E and F at the Master's Degree level in the relevant subject from an Indian University or an equivalent degree from a Foreign University. (b) Knowledge of Hindi/Sanskrit upto Matric Standard. (c) "National Eligibility Test (NET) conducted by the University Grant Commissioner, Counsel of Scientific and Industrial Research or similar test accredited by the University Grants Commissioner like SLET/SET shall remain the minimum eligibility condition for recruitment and appointment as Assistant Professor in colleges: Provided that the candidates, who are, or have been awarded a Ph.D. Degree in accordance with the University Grant Commissioner ( minimum standards and procedure for award of Ph.D Degree) regulation, 2009 shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent position in colleges. Provided further that NET/SLET/SET shall not be required for such Master's Programmes in disciplines for which NET/SLET/SET is not conducted ". Emphasis Supplied
(3.) The Petitioner who possesses B.Tech (Computer Science and Engineering) and Masters of Technology in Information and Technology, applied for the post of Assistant Professor (Computer Science) under SC category. She participated in the written examination and thereafter, was called for scrutiny of documents on 08.06.2017. However, her candidature was rejected by respondent no 3-Haryana Public Service Commission, vide P-7 dated 12.07.2017 on the ground that she does not possess the required qualification i.e. NET.;