I echo the views by Rajesh. If a High Court has ruled in favour of candidates set the things right, all candidates across the nation get that relief. The court in this matter has not excluded others from the benefit by declaring it as a special case. On the contrary, it has held the process untenable, thus there is no need to file any PIL or individual writs.
By filing multiple writs in different High Courts, please don't invites situations for conflicting orders from different courts putting the Kerala HC decision in peril and making UGC consider moving SC for clarifications. We are not aware of UGC going against the Kerala HC judgement meaning thereby that the order has achieved finality. Another question is how do a person know that there is already an order from some HC on a matter that affects him. This list serves a very important purpose of keeping all of us informed. Lets resolve to bring to the notice of all any new development happening in the courts any where in India - be it as PIL or an individual writ answering substantial questions of law, interpretation or policies affecting the persons with disabilities in general. regards On 10 January 2013 10:06, Asudani, Rajesh <[email protected]> wrote: > 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: [email protected] [mailto:[email protected]] > 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 > Cell: 9420397185 > o: +91 712 2806846 > R: 2591349 > > (In youth you want things, and then in middle-age you want to want them.) > > > ________________________________ > Caution: The Reserve Bank of India never sends mails, smses or makes calls > asking for personal information like your bank account details, passwords, > etc. It never keeps or offers funds to anyone. Please do not respond in any > manner to such offers, however official or attractive they may look. > > Notice: This email and any files transmitted with it are confidential and > intended solely for the use of the individual or entity to whom they are > addressed. If you are not the intended recipient, any dissemination, use, > review, distribution, printing or copying of the information contained in > this e-mail message and/or attachments to it are strictly prohibited. If > you have received this email by error, please notify us by return e-mail or > telephone and immediately and permanently delete the message and any > attachments. The recipient should check this email and any attachments for > the presence of viruses. 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