P.C:
1. The learned counsel for the petitioner submits that the petitioner is appointed in the year 2003 after undergoing due selection process. In the year 2001, the petitioner was appointed on clock hour basis and was continued. At the relevant time, the petitioner was possessing qualification as M.A (Geography). The learned counsel submits that subsequently, in the year 2010, the petitioner has been appointed as Assistant Professor and even the appointment is approved. In the year 2006 also, the appointment of the petitioner is approved on clock hour basis. The University submitted the proposal to the University Grants Commission (UGC) on 21.11.2008 for claiming relaxation/exemption from NET/SET examination. The same is not decided as yet.
2. Mr. Sharma, the learned counsel for UGC, submits that the appointment of the petitioner is of the year 2010. The University Grants Commission, vide its letter dated 03.06.2010, withdrew the exemption granted by the Commission vide its earlier letter dated 23.03.2010 with immediate effect. The learned counsel submits that in view of the withdrawal of exemption granted by the Commission on 03.06.2010, thereafter no proposals can be considered by the UGC for exemption. The learned counsel submits that in light of the above, the petitioner has no case.
3. The learned counsel for the University supports the case of the petitioner and states that the proposal has been submitted in the year 2008.
4. The law as applicable on the date of appointment will have to be considered while considering the case of the petitioner. The petitioner, it seems, was initially appointed in the year 2003 by observing due selection process. Even the University has granted approval to the appointment of the petitioner. The University has submitted proposal on 21.11.2008 (page 29-B). The petitioner has acquired M.Phil qualification in the month of May, 2008. Considering the qualification acquired by the petitioner i.e M.Phil, in May, 2008, the proposal was submitted for exemption of NET/SET. The criteria applicable as on the date when the appointment was made, the proposal submitted will have to be considered by the UGC. If subsequently, they have taken a decision not to grant any exemption, the same would be applicable from the date when the said decision is taken and not for the proposals, which are received prior to the said date.
5. In light of above, the UGC shall decide the proposal dated 21.11.2008, if not decided, on its own merits considering the qualification required as on the said date. The same shall be decided expeditiously and preferably within a period of three months from today.
6. Writ petition is disposed of. No costs.