Hon'ble Rajes Kumar, J.
Hon'ble Ashwani Kumar Mishra, J.
Heard learned counsel for the petitioner, Sri. Ajeet Kumar Singh, learned counsel appearing on behalf of the University and Sri. R.A Akhtar, learned counsel appearing on behalf of the respondent no. 2.
The petitioner applied for the post of Assistant Professor in pursuance of the advertisement dated 14.02.2013 issued by the Banaras Hindu University.
The contention of the petitioner is that the petitioner has been awarded PHD Degree prior to 31.12.2009 and, therefore, the condition of being qualified NET will not apply in view of exemption granted by the UGC vide clause 4.4.1 sub clause 3 of Resolution, 2010, but the University is not considering the candidature of the petitioner on the ground that the petitioner is not NET qualified.
Learned counsel for the petitioner placed reliance on the decision of this Court passed in Writ Petition No. 66273 of 2013, Dr. Vinay Singh v. Union of India, decided on 06.01.2014, wherein this Court has issued a direction that if the petitioner therein had awarded PHD Degree prior to 31.12.2009 and are covered under clause 4.4.1 sub clause 3 of Regulation, 2010, then the claim shall be considered by the University.
In view of the aforesaid decision, the petitioner is entitled to be considered for the aforesaid post.
Sri. Ajeet Kumar Singh, learned counsel appearing on behalf of the University states that the present writ petition may also be disposed of in terms of the decision of this Court referred hereinabove.
In view of the aforesaid facts and circumstances, the writ petition is disposed of in terms of the order dated 06.01.2014 passed in Writ Petition No. 66273 of 2013, Dr. Vinay Singh v. Union of India and the respondents are directed to consider the candidature of the petitioner in the light of the direction given in the aforesaid writ petition within a period of one week from the date of presentation of the certified copy of this order.