AVADH KUMAR PATEL Vs. RAJENDRA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 29th November, 2012 passed by the learned Single Judge in CWJC No. 20552 of 2012 Ed.--Reported in : 2013(1) PLJR 204, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The matter at issue is the termination of the service of the appellant as Assistant Professor in the respondent Rajendra Agriculture University (hereinafter referred to as "the University").

(2.) The appellant, then a Master in Science and Agriculture, pursuant to the Advertisement dated 22nd February, 2006, applied for appointment as Junior Scientist-cum-Assistant Professor, Plant Pathology in the University. The Advertisement stipulated qualification of Master's Degree in the relevant subject and the qualification of NET (National Eligibility Test) given by the University Grants Commission or the Council of Scientific and Industrial Research or any course accredited by the University Grants Commission. The Advertisement also specified that the requirement of NET may be relaxed in case of a candidate having two years' teaching or Research Extension Education experience in a University or a National Institute of repute.

(3.) Admittedly, the appellant did not possess the requisite qualification of NET. In absence of NET qualified candidates, the appellant was selected on the basis of two years' Waching and Research experience on Condition that he would be required to pass NET within three years from the d (sic) of appointment. Since his appointment, the appellant applied for permission to pursue his Doctorate. The said permission was granted and the appellant acquired the Doctorate in 2009. On 29th March, 2012 the University called upon the appellant to submit his NET certificate. Feeling aggrieved, the appellant approached this Court under Article 226 of the Constitution in above CWJC No. 20552 of 2012 for a direction to the University to confirm the appellant as Junior Scientist-cum-Assistant Professor in the Department of Plant Pathology. According to the appellant, the appellant having acquired the Ph.D. degree he was not required to acquire NET certificate and was eligible for regular appointment as Junior Scientist-cum-Assistant Professor. The appellant also raised the plea of promissory estoppel on the premise that since his appointment as Junior Scientist-cum-Assistant Professor, the University permitted the appellant to pursue his Doctorate; the University, therefore, was debarred from calling upon the appellant to submit the NET certificate.