I am more than surprised at operations of law, though being a lawyer by 
training myself.
Kerala HC has already ruled that the said notification fixing the cumulative 
criteria  afterwards is bad in law and has given a ruling in favor of 
candidates.
So, why must the same case be fought in other states to secure the similar 
ruling for all candidates?
Actually, UGC must have given benefit of the decision to all candidates 
automatically, or Kerala HC must have directed it to do so.
Agreed that  Writ petition is filed by an aggrieved individual, but it is a 
waste of grossest kind to ask each candidate to fight separately, when a 
provision is affecting many persons.
PIL would have been a better remedy, perhaps.


From: worldopin...@googlegroups.com [mailto:worldopin...@googlegroups.com] On 
Behalf Of Prashanth
Sent: Thursday, January 10, 2013 1:52 PM
To: AccessIndia
Cc: World Opinion Google's group:
Subject: (WorldOpinion) High court's last chance for University Grants 
Commission to name National Eligibility Test criteria:

Vaibhav Ganjapure, TNN Jan 8, 2013, 02.26AM IST

NAGPUR: The University Grants Commission (UGC) on Monday came under fire from 
the Nagpur bench of Mumbai high court for its failure to come clear on the 
issue of fixing eligibility criteria for the National Eligibility Test (NET). A 
division bench comprising justices AP Lavande and Arun Chaudhari granted two 
weeks to the apex education body as the final chance to decide its policy. The 
judges further warned that it will proceed with orders, if UGC fails to file a 
reply within the stipulated period, and asked UGC officials to be present at 
the next hearing.

The court's stringent orders came while hearing a plea filed by Gokulpeth 
resident Sayalee Surjuse, who has challenged a UGC notification imposing 
minimum qualifying criteria for NET conducted on June 24 last year. The test is 
conducted simultaneously across the country for various subjects for 
lectureship and junior research fellowship (JRF).

Citing UGC's notification on its website, petitioner's counsel Trupti Udeshi 
said the candidate had to score 40% in first two pears and 50% in the third. 
She contended that there was no mention of the necessity to score above a 
specified aggregate of all three papers, which will be the criteria for final 
qualification. She also said that this criteria was never communicated till the 
declaration of the result.

When NET results were declared on September 18, Sayalee was declared failed. It 
was only after she enquired that she came to know that UGC had fixed 65% 
aggregate criteria for the qualification. She claimed to have scored 59.43% 
aggregate in all three papers and also cleared them individually. Citing scheme 
of exam by UGC, she demanded that she should be declared successful.

She sought directives from the court to quash the UGC notification of June 24 
fixing the eligibility criteria NET at 65% aggregate for general category by 
holding it arbitrary, illegal and unsustainable in law.

The judges pulled up UGC for its lacklustre approach to the plight of 
candidates from Maharashtra, stating that the apex body had not responded 
properly to a case based on the same grounds in other states. In Kerala, the HC 
had ruled in favour of candidates by quashing the UGC notification, as the 
number of candidates were much more.


http://articles.timesofindia.indiatimes.com/2013-01-08/nagpur/36216041_1_ugc-notification-ugc-officials-three-papers


With thanks and regards



                                (Rajesh Asudani)
Assistant General Manager
Reserve Bank of India
Nagpur
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