- (1.) We have heard learned counsel appearing for the parties.
(2.) Relying on the latest judgment of the Supreme Court in P.Suseela & Ors. Etc. Etc. V/s University Grants Commission & Ors. Etc. Etc. (Arising out of SLP (Civil) Nos.36023-36032 of 2010) decided on March 16, 2015, it is submitted by learned counsel appearing for the petitioner that the Jai Narain Vyas University, Jodhpur (for short "the University") could not insist upon the qualifications in the Ordinance No.317, vide Notification dated 27.09.2011, for appointment as Assistant Professor/Lecturer under section 23(j) of the Jai Narain Vyas University, Jodhpur Act, 1962, in accordance with the qualifications provided in the University Grants Commission Regulations (Minimum Qualifications Required for the Appointment And Career Advancement of Teachers in Universities and Institutions affiliated to it) (the third Amendment) Regulation 2009 (for short, "the Regulations of 2009") made by University Grants Commission, for which the NET/SLET, and not Ph.D. is to be the minimum eligibility criteria for recruitment and appointments of Lecturers in all the Universities/ Colleges/Institutions, after 11.07.2009.
(3.) The petitioner has prayed for the following reliefs:- "A. By an appropriate writ order or direction, the respondents may kindly be refrained from conducting interview for the said posts. B. By an appropriate writ order or direction, the note: The candidates, who are admitted/awarded the Ph.D. degree prior to 11th July, 2009 or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009 as amended from time to time shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor/ Lecture". In the advertisement No.74/2011- 12 issued in the month of November, 2011 (Annexure-5) may kindly be quashed and set aside. C. By an appropriate writ order or direction, the respondents may kindly be directed to suspend the granting of appointment to the ineligible applicants on the said posts. D. By an appropriate writ order or direction, the Ordinance No.317 Jai Narain Vyas University Act (as amended) Notification dated 27.09.2011 (Annexure-4) may be declared Ultra vires the regulations of the 2009 and 2010 to the extent of inconformity with the UGC regulations may be declared unconstitutional and inoperative. E. By an appropriate writ, order or direction, the respondents may kindly be directed to grant appointment to the petitioner if found eligible candidate according to the Eligibility criteria as prescribed in the Regulations of 2009 and the Regulation of 2010 for the post of Assistant Professor/Lecturer. F. By an appropriate writ, order or direction, any rejection or any order which is passed in relation to the petitioner for the post of Assistant Lecturer during the pendency of the writ petition then the same may kindly be treated as part and parcel of the writ petition and it may be quashed and set aside. G. By appropriate writ, order or direction the respondent may kindly be directed to make necessary amendment in the Ordinance of the Jai Narain Vyas University in conformity with the Regulation of 2009 and the regulations of 2010. H. By appropriate writ, order or direction the record of the Case may kindly be called for and after examining the same this Hon'ble Court by an appropriate writ, order or direction quash and set-aside the impugned Advertisement No.74/2011-12 (Annexure-5) and the impugned Ordinance No.317 (Annexure-4). I. By an appropriate writ, order or direction a mandate be issued to the respondent University to abide by the UGC Regulations of 2009. The appointments which has been made if any in pursuance of Ordinance 317 may kindly be quashed and setaside and fresh selection process may be directed to be started in pursuance of the UGC Ph.D. Regulation 2009. J. By appropriate writ, order or direction If need be the UGC Regulation of 2009 may kindly be quashed and setaside to the extent it permits exemption to Ph.D. degree holders upto 11.07.2009. If during pendency of this Writ Petition if selections are being made then same may be quashed. K. By appropriate writ, order or direction It is further submitted that appropriate action including the contempt proceedings be initiated against the Chairman and Secretary UGC as well as against the Principal Secretary of Higher Education. L. By appropriate writ, order or direction the respondent may kindly be directed to amend the Act/Statutes of Jai Narain Vyas University Jodhpur Act 1962 if occasion so arises. M. By appropriate writ, order or direction the Respondents University be directed to restrain from conducting the interview and may also be restrained from declaring the Result of the said Selection Process if the same is carried during the pendency of the Writ Petition. N. Cost of litigation may kindly be awarded to the humble petitioner.";