Assistant Professor applicants disputed eligibility requirements for Ph.D holders who had not passed NET/SLET. The court disposed of the petitions in terms of the Supreme Court decision upholding the UGC Regulations of 2009 and treating holders of earlier Ph.D qualifications without NET/SLET as ineligible.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 5227 of 2014
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Versus
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Writ Petition (S) No. 5259 of 2014
Dr. Sajal Saju Deo w/o Mr. Pawan Deo, Aged about 43 years, C/o Mr. Pawan Deo, Inspector General of Police, IG Residence, Civil Lines, Bilaspur Chhattisgarh.
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Versus
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Writ Petition (S) No. 5268 of 2014
Rajendra Kumar Patley S/o Shri Surit Das Patley, Aged about 38 years, Category-Schedule Caste, R/o Bhatgaon, P.S. Pathariya, District Mungeli, Chhattisgarh.
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Versus
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Writ Petition (S) No. 5269 of 2014
Dr. Meenakshee Sharma D/o Dinesh Kumar Sharma, Aged about 30 years, R/o Padmanabhpur, P.S. Padmanabhpur, Civil & Revenue District Durg, Chhattisgarh.
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Versus
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Writ Petition (S) No. 5270 of 2014
Smt. Anamika Tiwari W/o Shri Kumaresh Tiwari, Aged about 35 years, Working as Guest Teacher, Gajanand Agrawal Government College, Bhatapara, District Baloda Bazar, Bhatapara, Chhattisgarh.
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Versus
Writ Petition (S) No. 5283 of 2014
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Versus
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Writ Petition (S) No. 5286 of 2014
Writ Petition (S) No. 5287 of 2014
Dr. Rubina Alvi W/o Anjum Alvi, aged about 42 years, R/o 303/18, Anupam Nagar, Ward 19, Rajnandgaon, Tahsil and District Rajnandgaon, Chhattisgarh.
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Writ Petition (S) No. 5336 of 2014
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Versus
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Writ Petition (S) No. 5364 of 2014
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Chhattisgarh.
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Writ Petition (S) No. 5365 of 2014
Kavita Nag D/o Shri L.R.Nag, aged about 38 years, R/o Quarter No. HIG 106 Phase III, Kabir Nagar, Raipur, Police Station and Post Kabir Nagar, Civil and Revenue District Raipur, Chhattisgarh.
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Writ Petition (S) No. 5267 of 2014
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Versus
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Writ Petition (S) No. 5428 of 2014
Dr. Neena Rai Wife of Shri Praveen Rai, aged about 46 years, Resident of Imlipara, Bilaspur, Police Station Civil Line, District Bilaspur, Chhattisgarh.
---- Petitioner
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Versus
Writ Petition (S) No. 5354 of 2014
Dr. Ruby Mehta D/o Late Narbadeshwar Prasad Mehta and W/o Sandeep Verma, aged about 39 years, R/o Old Bus Stand, Ambikapur, P.S. & Post Ambikapur, Civil and Revenue District Surguja, Chhattisgarh.
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Versus
Writ Petition (S) No. 5372 of 2014
Versus
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Nagar, Raipur, Chhattisgarh.
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Writ Petition (S) No. 5373 of 2014
Dr. Kripa Ram Patel son of Duryodhan Patel, aged about 44 years Working as Lecturer (Panchayat) at Govt. Higher Secondary School, Tousir, Block Baramkela, District Raigarh, Resident of village Medra, Post Hirri, Tahsil and P.S. Baramkela, Civil and Revenue District Raigarh, Chhattisgarh.
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Versus
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Writ Petition (S) No. 5376 of 2014
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Rice Mill Road, Ambikapur, P.S. Ambikapur, District Sarguja, Chhattisgarh.
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Versus
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Writ Petition (S) No. 5739 of 2014
Ashish Sharma S/o Shri B.P.Sharma, aged about 39 years, R/o Plot No. 15, Professor Colony, Nehru Nagar (West) Bhilai, P.S. Supela Civil & Revenue District Durg, Chhattisgarh.
---- Petitioner
Versus
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Writ Petition (S) No. 5744 of 2014
Smt. Pratibha Sen W/o Chetan Lal Sen, Aged about 46 years, R/o village Kurda, Champa, P.S. Champa District Janjgir-Champa, Chhattisgarh Civil and Revenue District Janjgir-Champa, Chhattisgarh.
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Versus
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Writ Petition (S) No. 5864 of 2014
Naresh Deshmukh S/o M.L.Deshmukh, aged about 38 years, R/o Kutiram Street No. 1, Behind Krishna Talkies, Pragati Nagar, Bhilai, P.S. Newai, Civil and
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Revenue District Durg, Chhattisgarh.
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Writ Petition (S) No. 5773 of 2014
Sudhir Singh Gaur S/o Shri Shayam Singh, aged about 31 years, R/o C/o Om Nagar, Jarhabhata, Behind SBR College, P.S. Civil Line, District Bilaspur, Chhattisgarh, Civil and Revenue District Bilaspur, Chhattisgarh.
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Dr. (Mrs.) Nandita Singh wife of Mr. Vikas Singh, aged about 36 years, Resident of C/o Shri H.S.Sakalwal, Jawahar Nagar, Akaltara, District Janjgir-Champa, Chhattisgarh.
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Versus
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Writ Petition (S) No. 5863 of 2014
Saman Siddique W/o Irshad Siddique, aged about 30 years, R/o House No. 17D, Sector 2, Street No. 23, Bhilai, Police Station Bhilai Power House, Civil and Revenue District Durg, Chhattisgarh.
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Versus
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Writ Petition (S) No. 6110 of 2014
Gaya Prasad Lilhare S/o Shri Siddha Ram Lilhare, aged about 39 years, R/o village Chhipa, Post Musra, P.S. & Tahsil Dongargarh 1 Civil and Revenue District Rajnandgaon, Chhattisgarh.
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Versus
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Writ Petition (S) No. 6136 of 2014
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Versus
Writ Petition (S) No. 6012 of 2014
Smt. Sangeeta Jajodia W/o Shri Nalin K. Jajodia, aged about 42 years, R/o Flat No. 12, Third Floor, Shri Ram Plaza Near City Kotwali, Bilaspur, P.S. Bilaspur Civil and Revenue District Bilaspur, Chhattisgarh.
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Versus
Writ Petition (S) No. 6041 of 2014
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Post and PS Shankar Nagar, Raipur, Chhattisgarh.
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Writ Petition (S) No. 5901 of 2014
Smt. Tulika Dewangan Aged about 36 years, W/o Anil Dewangan, R/o E-13, Shubhash Block S.E.C.L.Colony, Korba, P.S. City Kotwali, Tahsil Korba, Civil and Revenue District Korba.
Versus
Writ Petition (S) No. 5608 of 2014
Versus
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Writ Petition (S) No. 5627 of 2014
Deepak Kumar Tiwari son of Shri Sanat Kumar Tiwari, aged about 29 years, Resident of Bandhva Para, Arvind Nagar, New Sarkanda, Police Station Sarkanda, District Bilaspur, Chhattisgarh.
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Versus
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Writ Petition (S) No. 5572 of 2014
Dr. Reeta Chaudhary (After marriage Smt. Reeta Jayaswal) Aged about 48 years, Wife of Shri Arun Jayaswal, Qualification M. Com, Ph.D (Commerce) Occupation- Guest Lecturer, Government Paluram Dhananiya Commerce Raigarh, Residence: Ganja Chowk, Raigarh, District Raigarh, Chhattisgarh.
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Versus
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For Petitioners : Shri Kishore Bhaduri, Shri Chandresh Shrivastava, Shri Prateek Sharma, Shri Gautam Khetrapal, Shri A.K.Prasad, Shri Rishikant Mahobia, Shri Malay Shrivastava, Shri A.C.Sahu, Dr. Kumaresh Tiwari, Shri Anurag Dayal Shrivastava, Shri Kunal Das, Shri Basant Dewangan, Shri Vivek Kumar Agrawal, Shri Sandeep Dubey, Shri Ajit Singh, Shri Sameer Oraon, Ms. Priyanka Mehta, Shivendu Pandya, Shri Mateen Siddique, Ms. Ruchi Nagar, Shri A.N.Bhakta, Advocates. For Respondent/State. : Shri J.K.Gilda, Advocate General with Shri Prafull N Bharat and Shri A.S.Kachhwaha, Additional Advocate Generals. For Respondent/Union of India : Shri Narendra Kumar Vyas, Assistant Solicitor General with Shri Rajesh Kumar Tiwari, Standing Counsel. For Respondent/CGPSC : Shri Y.C.Sharma, Shri Abhishek Sinha, Shri B.D.Guru, Shri Ashish Shrivastava, Shri Animesh Verma, Advocates. For Respondent/UGC : Shri S.S.Rajput, Advocates. For Respondent/University : Shri M.K.Dubey, Advocate.
Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Pritinker Diwaker, J
Order on Board
Per Navin Sinha, Chief Justice
03/07/2015
1. In this batch of writ applications, the Petitioners are applicants for the
post of Assistant Professors published by the Chhattisgarh Public Service Commission.
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2 . The advertisement stipulates that only those who have obtained their Ph.D qualification under the UGC Regulations of 2009 are eligible to be considered and if their Ph.D qualifications were prior to the same, they were required to pass NET/SLET examination.
3 . The controversy has now been set at rest by the Supreme Court in 2015 AIR SCW 2769 (P.Suseela v. University Grants Commission) upholding the UGC Regulations of 2009 and that those possessing Ph.D qualification prior to the same not having passed the NET/SLET examination were not eligible.
4 . The writ applications are therefore disposed in terms of P.Suseela (supra).
Sd/- Sd/(Navin Sinha) (Pritinker Diwaker) CHIEF JUSTICE JUDGE
Amit
1 issue framed by the court
Were Assistant Professor applicants holding Ph.D qualifications predating the UGC Regulations of 2009 eligible without passing NET/SLET?
Colour shows how this judgement treated each authority
P.Suseela v. University Grants CommissionFollowed¶377
2015 AIR SCW 2769 (P.Suseela v. University Grants Commission) · Who else cites this
1 provisions across 1 enactments
Dr. Sushil Kumar Agrahari
Ku. Urmila Tamrakar
The Union of India
State of Chhattisgarh
The University Grant Commission
Chhattisgarh Public Service Commission
Navin Sinha
Pritinker Diwaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
