ORDER Feeling aggrieved by the judgment and order dated 29th November 2012 passed by the learned single Judge in CWJC No. 20552 of 2012, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. 2. The matter at issue is the termination of the service of the appellant as Assistant Professor in the respondent Rajendra Agriculture University (hereinafter referred to as “the University”). The appellant, then a Master in Science and Agriculture, pursuant to the Advertisement dated 22nd February 2006, applied for appointment as Junior Scientist-cum-Assistant Professor, Plant Pathology in the University. 3. The Advertisement stipulated qualification of Master’s Degree in the relevant subject and the qualification of NET (National Eligibility Test) given by the University Grants Commission or the Council of Scientific and Industrial Research or any course accredited by the University Grants Commission. The Advertisement also specified that the requirement of NET may be relaxed in case of a candidate having two years’ teaching or Research Extension Education experience in a University or a National Institute of repute. 4. Admittedly, the appellant did not possess the requisite qualification of NET. In absence of NET qualified candidates, the appellant was selected on the basis of two years’ teaching and Research experience on condition that he would be required to pass NET within three years from the date of appointment. Since his appointment, the appellant applied for permission to pursue his Doctorate. The said permission was granted and the appellant acquired the Doctorate in 2009. On 29th March 2012 the University called upon the appellant to submit his NET certificate. Feeling aggrieved, the appellant approached this Court under Article 226 of the Constitution in above CWJC No. 20552 of 2012 for a direction to the University to confirm the appellant as Junior Scientist-cum-Assistant Professor in the Department of Plant Pathology. According to the appellant, the appellant having acquired the Ph.D degree he was not required to acquire NET certificate and was eligible for regular appointment as Junior Scientist-cum-Assistant Professor. The appellant also raised the plea of promissory estoppel on the premise that since his appointment as Junior Scientist-cum-Assistant Professor, the University permitted the appellant to pursue his Doctorate; the University, therefore, was debarred from calling upon the appellant to submit the NET certificate. 5. The petition was contested by the University. The appellant also raised the plea of promissory estoppel on the premise that since his appointment as Junior Scientist-cum-Assistant Professor, the University permitted the appellant to pursue his Doctorate; the University, therefore, was debarred from calling upon the appellant to submit the NET certificate. 5. The petition was contested by the University. According to the University, had the appellant acquired Ph.D qualification prior to his appointment, he could have been exempted from submitting the NET certificate as provided under the relevant statute. Since at the relevant time the appellant had neither the NET qualification nor Ph.D qualification, the passing of NET being a condition precedent the appellant was required to acquire the NET certificate as provided under the statute and as specified in the advertisement and his appointment order. 6. The learned single Judge has considered the matter in extenso and has held that the appellant cannot be exempted from acquiring the NET certificate, the said qualification being a condition precedent for appointment. The learned single Judge has dismissed the Writ Petition. Therefore, this Appeal. The relevant statute 11 reads as under:- No. Name of the post Qualification Selection Appointing Committee authority. 11. Assistant. Prof.-cum Essential: Junior Scientist (in (i) Good academic record with (a) Vice-Chancellor- Vice- case of teachers at least 55% of the marks or Chairman Chancellor borne on research an equivalent grade of B in the budget the desig- 7 point scale with letter grades (b) An Academician nation should be O,A,B,C,D E & F at the Master’s nominated by the reversed as Jr. degree level, in the relevant Chancellor – Member Scientist-cum-Asstt. subject from an Indian Univer- Professor) sity, or, an equivalent degree (c) Three experts in from a foreign University. the concerned sub- (ii) Besides fulfilling the above ject/field out of the list qualifications, candidates should recommended by the have cleared the National Eligi- Vice-Chancellor and bility Test (NET) for lecturers approved by the Board conducted by the UGC, CSIR of Management or similar test accredited by – Members the UGC (d) Dean of the con- A relaxation of 5% may be pro- cerned Faculty/Head vided from 55% to 50% of the /Chairman of the marks, at the master’s level for Dept. – Member the SC/ST category A relaxation of 5% may be pro- vided from 55% to 50% of the marks to the Ph.D. degree hol- ders who have passed their Masters’ Degree prior to 19th Sept., 1991 NOTE : NET shall be relaxable for a candidate having two years teaching or Research or Extension Education experience in an University/National Institute of repute (ii) Ph.D.s if available shall be preferred OR Candidates having Masters’ Degree in the relevant subject(s) who have not qualified the National Eligibility Test (NET) conducted by the UGC/ASRB/CSIR will have to pass the NET examination in the available opportunities after appointment before completion of three years without notice. This condition will not be applicable to the candidates having Ph.D. degree in the relevant subject(s). 7. It is evident that passing of the NET is a condition precedent for appointment as Junior Scientist-cum-Assistant Professor. Only in case the NET qualified candidates are not available, the University is permitted to appoint persons having Post Graduate qualification in the relevant subject and good academic record as stipulated in the statute on condition that such person shall pass the NET within three years from the date of his appointment. The NOTE also specifies that the candidates having Ph.D. would be preferred, i.e. amongst the unqualified candidates (candidates not having NET certificate), the person having Ph.D. qualification would be preferred. Both, the persons having experience and the persons having Ph.D. degree fall within the category of unqualified candidates if they do not possess NET certificate. 8. It is, therefore, more than clear that the relaxation referred to in the second part of the statute refers to a Ph.D. degree possessed at the time of appointment and not the one acquired after the appointment. The plea of promissory estoppel requires to be rejected outright. First, there cannot be promissory estoppel against the statute; and second, not only the advertisement but the appointment order also did specify that the appellant would have to pass the NET within three years from the date of appointment. The appellant had also executed a personal bond to that effect. The question of promissory estoppel does not arise. The learned single Judge has rightly dismissed the Writ Petition. No case for interference is made out. Appeal is dismissed in limine.