Rajesh Balia, J. - (1.) Heard learned counsel for the appellant.
(2.) The appellant by way of Writ Petition No. 97/2002 seeks to quash the notification dated 21st June, 1995 Annexure-7 issued by the University Grants Commission providing an exception to the general requirement of clearing the eligibility test for appointment as Lecturers conducted by UGC, CSIR or similar test accredited by the UGC in terms of the University Grants Commission (qualifications required of a person to be appointed to the teaching staff of a University and Institutions affiliated to it) Regulations, 1991, by Inserting the following proviso as an exception to the requirement of clearing the eligibility test, otherwise required for being considered for appointment as a Lecturer: "Provided that candidates who have submitted Ph.D. thesis or passed the M. Phil examination by 31st December, 1993 are exempted from the eligibility test for lecturers conducted by UGC, CSIR or similar test accredited by the UGC".
(3.) The petition has been framed on the premise that the proviso has provided the qualification for being appointment as Lecturer in any University or affiliated institution thereto. The contention of the petitioner in this behalf was that by dint of this proviso, two years course M.Phil has been equated with higher degree of Ph.D course which is of much longer duration, therefore, it was a discriminatory provision.;