Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | University Grants Commission National Eligibility Test |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | University Grants Commission Act, 1956:ss.12 and 26 - National Eligibility Test 2012 conductedby UGC - Challenges on the ground that changes ofqualifying criteria reflected in final declaration of final resultswas arbitrary, illegal, without authority and violative of Arl. 14of the Constitution - Held: All the steps taken by UGC werestrictly in accordance with clause 7 of the Notification for NETExamination, 2012 - Prescribing the qualifying criteria as perclause 7 does not amount to a change in the rule as it wasalready pre-meditated in the notification - It cannot be saidthat the UGC has acted arbitrarily or whimsically against thecandidates - To clear the NET Examination, means clearingthe final results, not merely passing in individual papers,which is only the initial step - Candidate should satisfy thefinal qualifying criteria laid down by UGC before declarationof results - It is open to UGC to lay down any "qualifyingcriteria", which has a rational nexus to the object to beachieved, i.e. for maintenance of standards of teaching,examination and research - UGC has only implemented theopinion of Experls by laying down the qualifying criteria, whichcannot be considered as arbitrary, illegal or discriminatory orviolative of Arl. 14 of the Constitution of India - UniversityGrants Commission Regulations, 2010.Universities:Academic matters - Held: In academic matters, unlessA there is a clear violation of statutory provisions, Regulationsor Notification issued, courts shall keep their hands off sincethose issues fall within domain of the experts. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 641 |
Petitioner | University Grants Commission & Anr. |
Respondent | Neha Anil Bobde (gadekar) |
SCR | [2013] 9 S.C.R. 521 |
Judgement Date | 2013-09-19 |
Case Number | 8355 |
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