Hari Om Singh Tomar and ors. Vs. State of U.P. and ors.

Hari Om Singh Tomar and ors. vs State of U.P. and ors.

Disposition Petition dismissed Court Allahabad Decided Apr 20, 2004

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Citation: sooperkanoon.com/474712
Court: Allahabad High Court
Judge: M. Katju and ;R.S. Tripathi, JJ.
Decided On: Apr 20, 2004
Case Number: C.M.W.P. No. 50230 of 2003
Subject: Service
Disposition: Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

- - In case such candidates fail to obtain Ph. thesis on or before 31.12.2002. In educational matters it is well settled that the Courts should not ordinarily interfere vide Chancellor v.

Key legal issue: Service
Outcome / disposition: Petition dismissed

Parties & Advocates

Appellant / Petitioner

Hari Om Singh Tomar and ors.

Advocate Ashok Khare and ;Aditya Kumar Singh, Advs.

Respondent

State of U.P. and ors.

Advocate B.N. Singh, S.S.C. and S.C.

Legal References

Cases Referred: and U. P. Public Service Commission v. Subhash Chandra Dixit
Reported In: 2004(3)AWC2465

Excerpt

- - in case such candidates fail to obtain ph. thesis on or before 31.12.2002. in educational matters it is well settled that the courts should not ordinarily interfere vide chancellor v......grants commission which declares the candidates who have submitted their ph.d. degree on or before 31.12.2002 as eligible, and exempts them from appearing in the n.e.t. examination. in case such candidates fail to obtain ph.d. degree, they shall have to pass the n.e.t. examination.5. the short submission of sri ashok khare, senior counsel for the petitioner, is that the first amendment regulation, 2002 has wrongly granted exemption from n.e.t. to only those who have submitted ph.d. thesis on or before 31.12.2002. it fails to accord the same benefit to persons who have obtained m.phil degree on or before 31.12.2002.6. thus, it is alleged that there is discrimination against the petitioners. it is alleged that earlier there existed a provision that those who obtained doctorate degree or m.phil degree prior to 31.12.1993 are both exempted from the requirement of the n.e.t.7. in our opinion there is no merit in this petition. a doctorate degree is higher than an m.phil degree. it is not for this court to grant exemption from n.e.t. to those who had not submitted ph.d. thesis on or before 31.12.2002. in educational matters it is well settled that the courts should not ordinarily interfere vide chancellor v. bijayanand kar, air 1994 sc 679 (para 9) ; bhushan uttam khare v. dean. b. j. medical college, jt 1992 (1) sc 583 and u. p. public service commission v. subhash chandra dixit, 2004 (2) awc 1385 (sc) : jt 2003 (8) sc 531, etc. it is entirely for the concerned authority to decide whether to grant such exemption from n.e.t. or not. thus, there is no force in this petition and it is dismissed.

Full Judgment

ORDER

M. Katju and R.S. Tripathi, JJ.

1. Heard learned counsel for the parties.

2. The petitioners have passed their M.Phil degree prior to 31.12.2002. However, there is no dispute that they have not passed theNational Eligibility Test (N.E.T.) nor have they a doctorate degree.

3. The petitioner applied for appointment as lecturer in mathematics against the advertisement No. 32 as mentioned in paragraphs 7 and 8 to the writ petition.

4. It is alleged in para 15 of the petition that a notification dated 31.7.2002 has been issued by the University Grants Commission which declares the candidates who have submitted their Ph.D. degree on or before 31.12.2002 as eligible, and exempts them from appearing in the N.E.T. Examination. In case such candidates fail to obtain Ph.D. degree, they shall have to pass the N.E.T. examination.

5. The short submission of Sri Ashok Khare, senior counsel for the petitioner, is that the first amendment Regulation, 2002 has wrongly granted exemption from N.E.T. to only those who have submitted Ph.D. thesis on or before 31.12.2002. It fails to accord the same benefit to persons who have obtained M.Phil degree on or before 31.12.2002.

6. Thus, it is alleged that there is discrimination against the petitioners. It is alleged that earlier there existed a provision that those who obtained doctorate degree or M.Phil degree prior to 31.12.1993 are both exempted from the requirement of the N.E.T.

7. In our opinion there is no merit in this petition. A doctorate degree is higher than an M.Phil degree. It is not for this Court to grant exemption from N.E.T. to those who had not submitted Ph.D. thesis on or before 31.12.2002. In educational matters it is well settled that the Courts should not ordinarily interfere vide Chancellor v. Bijayanand Kar, AIR 1994 SC 679 (para 9) ; Bhushan Uttam Khare v. Dean. B. J. Medical College, JT 1992 (1) SC 583 and U. P. Public Service Commission v. Subhash Chandra Dixit, 2004 (2) AWC 1385 (SC) : JT 2003 (8) SC 531, etc. It is entirely for the concerned authority to decide whether to grant such exemption from N.E.T. or not. Thus, there is no force in this petition and it is dismissed.

Same Court & Year Allahabad · 2004 Same Parties Hari Om Singh Tomar and ors. vs State of U.P. and ors. Same Subject Service Same Judge M. Katju and ;R.S. Tripathi, JJ.

Service