DUTA Letter to MHRD on NET Judgment, 18.5.2015

18.5.2015

You would be aware of the recent judgment of the Hon’ble Supreme Court, P.Susheela and Ors vs UGC and Ors, dated 16.3.2015 (copy attached).

The DUTA Executive had an extensive discussion on this judgment in a meeting held on 11.4.2015, and came to following unanimous conclusion:

1. The Judgment does not overturn the UGC Regulation of 30.6.2010 that gives an exemption from NET to those whose Ph.D fulfils the conditions laid down in  UGC Regulations 2009. Hence, all such candidates will continue to be eligible for appointment.

2. The Judgment upholds the position of the MHRD that those candidates who had done their Ph.D. prior to 2009, and did not fulfil the conditions laid down in the UGC regulation of 2009, will not be exempted from NET. It upholds the right of the MHRD to take a final decision in this matter.

In view of the above, the DUTA executive decided to appeal to the MHRD on humanitarian grounds and the principles of natural justice to grant a one-time exemption to all the teachers who had begun their Ph.D’s prior to 2009 and had completed it subsequently, and had till now been granted exemption from NET by the UGC. Had the regular appointments taken place as normal, most of these teachers would have been permanent by now. Had UGC not granted them exemption from NET, they could have cleared the NET exam years ago. They did not appear for the NET exam as they had been given exemption by the UGC. Since DU has not held interviews for the last five years, such teachers would be penalised for no fault of theirs.  

We appeal to you to issue a clarification to this effect at the earliest, so that no injustice is done to ad-hoc/ temporary teachers who have put in many years of hard work to keep the academic programmes of Delhi University intact at a time of frequent changes and great hardship, and are looking forward to early regularisation.

NANDITA NARAIN President, DUTA

HARISH KHANNA Secretary, DUTA

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