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Judgment
The challenge in the aforesaid writ petitions is to the proviso inserted under Clause 3.3.2 of the Statutes for the appointment of Assistant Professors in Universities of Bihar 2020, by reason of which exemption from possessing the requirement of qualification of any NET conducted by UGC/CSIR or a similar test accredited by the UGC, has been extended only in favour of such candidates who have been awarded Ph.D degrees from the Universities in the State of Bihar; under the regulations which existed prior to UGC (Minimum Standards & Procedure for award of M.Phil/Ph.D Degree) Regulations, 2009.
The grievance of the petitioner in CWJC No. 12518 of 2021; who has obtained a Ph.D degree from outside the State of Bihar, is of gross discrimination and violation of the equality clause.
In Paragraph 10 of the counter affidavit of the Commission, in CWJC No. 12518 of 2021, it is categorically stated that the Ph.D. qualification of the petitioner would be recognized, despite the petitioner having obtained such qualification from outside the State. It is stated that this would be only subject to the condition that she should either establish that the qualification has been obtained under the 2009 Regulations of the UGC or in compliance of the 5 requirements as required by the UGC by its 2018 Regulations. It is also stated that the provisional admittance of the candidature of the petitioner is only because of the anomaly in the name of the petitioner. The said statements are recorded and in that circumstance the grievance of the petitioner stands redressed.
We gave the learned counsel for the petitioner time to get instructions and on the next posting date the learned counsel on behalf of the petitioner sought for withdrawal of the writ petition.
Prayer granted and CWJC No. 12518 of 2021 is dismissed as withdrawn.
The very same challenge is made in CWJC No. 14270 of 2021 wherein a teacher has challenged the said Regulation; more in the nature of a public interest. The clarification issued in the other case redresses the identical question raised in this writ petition also, wherein; we had also entertained doubts about the locus standi of the petitioner.
We find that this is an unnecessary petition, which stands dismissed on the ground of locus standi and also on the ground of the grievance having been redressed.
CWJC No. 14270 of 2021 also stands dismissed as withdrawn.