MAHESH GROVER, J. - (1.) BY this order I will dispose of C.W.P. No.11894 of 2014 and C.M. application filed in C.W.P. No.3622 of 2014.
(2.) THE controversy raised herein has somewhat been settled earlier when some of the persons who were similarly placed as the petitioners herein approached this Court with a similar grievance. The petitioners herein as also the other persons who had approached this Court earlier, were holders of Ph.D degrees and were desirous of being considered for the posts of Assistant Professors advertised by the Haryana Public Service Commission. One of the conditions imposed by the University Grants Commission (U.G.C.) was that for the post of Assistant Professor the passing of NET was essential and a relaxation was contemplated in the case of Ph.D. degree holders. This matter was elaborately dealt with by this Court in a decision rendered in C.W.P. No.2386 of 2014 titled Rajeev and others v. State of Haryana and others decided on 19.2.2014. The petitioners having Ph.D. degrees to their credit were enabled to participate in the process without insistence of the qualification of NET. The said writ petition was disposed of with the following observations : - "Under the above circumstances, action of the respondent - State is not justified. Accordingly, the writ petitions are allowed and the directions are issued to respondent -State that those candidates who have not passed the eligibility test but have the Ph.D. degree to their credit, be considered for the post of Assistant Professor. The petitioners are permitted to submit their applications within 10 days from today." Thereafter a plethora of applications followed seeking extension of time granted by the Court as above and all these applications were allowed and time was extended. One such application has been moved in C.W.P. No.3622 of 2014 as well which we propose to deal with in this order itself. The Haryana Public Service Commission also moved an application seeking clarification as to whether the benefit of the order of this Court was to be restricted only to the petitioners who had approached this Court or was it to be made available to all the desirous candidates who were similarly placed. The said application was dismissed.
(3.) IN the meantime, some persons approached this Court placing reliance on the aforesaid judgment in Rajeev's case (supra) and prayed for a similar benefit. The said writ petition was dismissed by the learned Single Judge on 24.4.2014 by passing order in C.W.P. No.7568 of 2014 declining the benefit granted in Rajeev's case (supra) to the petitioners on the reasons which can be noticed below : - "Virtually, the intention of the Division Bench was quite clear and specific that it did not want to delay the process of selection and the minimum leverage was given and that too till 1.3.2014 to the petitioners in Rajeev's case (supra) and other connected cases, which were disposed of by a common order. The petitioner unfortunately has not approached either the Commission or the Court prior to the said date. In view of the above discussion, finding no merit in the present writ petition, the same stands dismissed in limine." ;