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2014 DIGILAW 410 (UTT)

Kavita Dhami v. State of Uttarakhand

2014-09-23

K.M.JOSEPH, V.K.BIST

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Judgment Admit. 2. Mr. P.C. Bisht, Standing Counsel for the State of Uttarakhand accepts notice on behalf of respondent no. 1. 3. Mr. B.D. Kandpal, Advocate accepts notice on behalf of respondent no. 2. 4. Mr. H.S. Rawal, Advocate holding brief of Mr. Vikas Pande, Advocate accepts notice on behalf of respondent no. 3. 5. Heard learned counsel for the parties. 6. The Commission opposed the prayer on the ground that the reason for rejecting the application of the petitioner is that the petitioner has obtained Ph.D. prior to enforcement of UGC Regulations dated 11th July, 2009. The petitioner obtained Ph.D. on 23rd May, 2009.As such, she has apparently obtained Ph.D. prior to the date of the Regulation. The Regulation does not specify a cut-off date as such. 7. Prima facie, we would think that the petitioner must be permitted to participate in the interview to be held, but it will be purely provisional and subject to the orders to be passed in the writ petition and the decision in the writ petition. On that basis, the petitioner will be permitted to participate in the interview. The result will not be declared without obtaining orders from this Court. 8. Respondent no. 3 will bring a counter affidavit on record with a copy to the Commission also clarifying its stand relating to the validity of Ph.D. which was obtained prior to enforcement of Notification dated 11th July, 2009.Such a counter affidavit be filed within a period of three weeks from today. 9. Stay Application (CLMA No. 10684 of 2014) stands disposed of.