The Madurai Bench of the Madras High Court Bench has declared that all candidates, who obtained separate minimum marks as in the National Eligibility Test (NET) / State Eligibility Test (SET) conducted in 2012 are qualified for the post of Assistant Professors.
Allowing a batch of 31 petitions filed by candidates, who appeared for NET and SET exams in 2012, Justice D Hari Paranthaman observed that “What was absent in the regulation cannot be introduced at the fag end of the examination, just before the announcement of the result, whatever may be the justification for the same”.
The petitioners approached the Madurai Bench praying to quash the notification issued by the UGC and to declare that they have cleared the NET exam held on June 24, 2012 and the SET exam conducted on October 7, 2012.
As per Clause 3.3.1 of the University Grants Commission (the minimum eligibility condition for recruitment and appointment of Assistant Professors in Universities/Colleges/
Institutions is to qualify in the NET/SLET/SET exam.
Meanwhile, the UGC issued a notification on June 4, 2012, to conduct National Eligibility Test (NET) examinations. The minimum marks for the General Category in Paper I, II and III is 40, 40 and 75.
For OBC Category the required minimum marks are 35, 35, 68. For PWD/SC/ST category, the minimum marks are 35, 35 and 60.
A similar notification was issued by Bharathiar University on August 10, 2012, for conducting State Eligibility Test. The result of the SET was published on February 09, this year. Before the publication of results, an additional criteria was introduced, fixing the average marks for General Category, OBC Category and PWD/SC/ST Category at 65%, 60% and 55% respectively. Aggrieved by the additional criteria, the petitioners, who scored the minimum marks as notified earlier, approached the Court seeking for directions to declare NET/SET qualified and to issue National Eligibility Certificate to them. Considering the plea, D Hari Paranthaman allowed the writ petitions and declared that all the petitioners, who have obtained separate minimum marks in papers I, II and III, have qualified in NET/SET. He directed the UGC and Bharathiar University to issue certificates, within of 30 days, from the date of the order.
Santosh C. Hulagabali