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What if the KHC or Any Decides on a New Cut Off in its Order?

There are two type of verdict possible from the DB. If the DB concurs with Single Bench then the UGC will go for appeal in SC and then the SC word will be the final. SC seldom refutes a verdict that has got concurrence at all the levels at HC. But there is a second possibility of DB delivering a indulgent Judgement that is difficult for any party to challenge by invoking a SLP at SC. IF KHC does not do it then the scamsters in UGC/ MHRD will ensure that one of the HC in India does it. This happened earlier when UGC 2006 Second Amended regulation was challenged with respect to Teachers Recruitment Board Notification in Tamilnadu. The TRB notified that all of NET, MPhil and PhD can apply as per UGC's then regulation for which it will award a weightage of 15 for PhD and 0 for rest. There were several petitions filed in every angle by PhD holders, MPhil holders and MPhil (Before '93) etc. Justice Prabha Sreedhevan awarded stay of both the TRB Notification and UGC regulation in Single Bench and that created euphoria to all the petitioners. Things went for appeal to DB in many HC, including Madras HC. Justice Ibrahim Khalifulla + 1 listened to the arguments of all the parties in the DB creating hope for all by every day by his observations. In the end he vacated the stay and Ordered that TRB should award 9 marks for PhD, 6 for Mphil and 5 for NET (No basis specified for it) for which every advocates representing their clients claimed victory. Practically that did not meant anything to the petitioners for all the TRB positions got awarded to PhD holders only for the rest cold not bridge the gap. They could not bridge the gap even if it is 3 for PhD, 2 and 1 for MPhil and NET for even a single mark difference will ensure bias. The SC dismissed all the SLPs filed for they felt the innovative(!) Judgement of MHC ensured Justice. In our case if the DB of KHC Ordered that cut off is neither 65% as per revised UGC nor 50% as per original notification but, 60% by its Order, then it will create the same fix!

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Permalink Reply by Arshad Ali on March 20, 2013 at 19:00

1. possibility if DB concurs with Single Bench judgement, then UGC may be appeal In SC.

2. but in my opinion, UGC would never appeal in SC due to some loopholes, like Supplementary Result is the biggest problem now for UGC, (madam for your kind information, in Supplementary Result for JRF total is 1685 & for NET total is 13493 grand total of both (JRF & NET) is 15178 approximate.

out of 15178 more than 50% are passed securing less than 50% aggregate in all three papers.

this is  a big question now for UGC to answer, because UGC appealed in KHC against Single Judge(SJ) verdict, saying that by this SJ verdict may be higher education standard lower by passing less than 65% 60% 55% respectively.

then where this is justice those who scores 42%, 43%, 44% & 45% and so have been qualified NET.

while NET is same for all subjects, then why discrimination.

3. if DB of KHC orders neither for 65% nor for 50% and KHC fix 60%, then this is again injustice.

 hopefully, court would not do alike.

but possibility of your dough is strongly available in the case.......

best regards, 

Permalink Reply by Vijayalakshmi Sailapathi on March 20, 2013 at 21:04

So...when it is not any secret anymore that UGC Supplementary results are not of any standard... do you mean to say that it will pass in to history without anyone challenging it? As far as I know that these things have already been mentioned in SC in the SLPs filed by Researchers association challenging the Delhi HC verdict that has been clubbed with SLPs by MPhil holders challenging the Madras HC Judgement. The DB Judges know fully well that these petitioners are watching and so are eager on the Judgement that is going to be pronounced by it.

The matter will never get a conclusion at KDB. But both the petitioners and UGC will claim victory and the travails of the NET aspirants and NET holders will continue to be the same!

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