Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13412 of 2013 ====================================================== Neeraj Kumar Shukla, son of Shri Subodh Prasad Shukla, resident o House No. 859, Gali No. 3, Shivpuri Colony, P.S. Ishakchak, Dist. Bhagalpur, Bihar. .... .... Petitioner/s Versus 1. The Union Of India, Ministry of Human Resource Development, Government of India, New Delhi the Secretary. 2. The University Grants Commission, Bahadur Shah Zafar, New Delhi, through the Secretary. 3. The Coordinator, National Eligibility Testing (NET) Bereau Office of the University Grants Commission, Benito Jurez Marg, New Delhi 110021. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 2 16-07-2013 Heard learned counsel for the parties. 2. The prayer of the petitioner in this writ application reads as follows:- “For a direction to the respondents to declare the results of the Junior Research Fellowship (JRF) and eligibility of lectureship examinations held on 24.06.2012 by the University Grants Commission throughout the country. For a direction to the respondents to set aside the fresh selection criteria as made out by the respondents after the initiation of the selection process that is after the examination on 24.06.2012 and prior to the declaration of results by the respondents. For a direction to the respondents to declare the petitioner as eligible for selection as lecturer in the Indian Universities and Colleges as the petitioner has obtained much more than the minimum eligibility criteria set by the respondents. For a direction to the respondents not to act or Change the selection criteria in an arbitrary & malafide manner, in colorable exercise of arbitrary power and in complete violation of the rules and precedents.” 3. Learned counsel for the petitioner has submitted that though the result of the petitioner, who had appeared in the Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 2 National Eligibility Test (NET), held on 24.06.2012 has been published but the petitioner has not been declared successful though he had secured more than minimum marks prescribed. 4. In this regard, reliance has been placed on the provisions made in the Brochure of University Grant Commission (hereinafter referred to as 'the UGC'), which reads as follows: "UNIVERSITY GRANTS COMMISSION NATIONAL EDUCATIONAL TESTING (NET) BUREAU Notification for NET e-Certificate Verification Contact- Us About NET Result UGC Important dates Checklist Eligibility Enclosures Fee General Scheme of Test Scheme of Examination Subjects Test Centre Syllabus Previous question papers to Number of Questions 60 out of which 50 questions be are attempted 50 questions all of which are compulsory 75 questions all of which are compulsory UGC-NET IN OBJECTIVE MODE FROM JUNE, 2012 ONWARDS The UGC-NET will be conducted in objective mode from June 2012 onwards. The Test will consist of three papers. All the three papers will consist of only objective type questions and will be held on the day of Examination in two separate sessions as under: Paper Session I First Marks 50x2=100 Duration 1 ¼ Hours (09:30 a.m to 10:45 a.m.
Facts
First Second II III 50x2=100 75 x2 =150 1 ¼ Hours (10:45 a.m to 12:00 Noon) 2 1/2 Hours (01:30 p.m. to 04:00p.m. The candidates are required to obtain minimum marks separately in Paper-I, Paper-II and Paper-III as given below: Minimum marks (%) to be obtained Category General OBC (Non- creamy layer PH/VH/SC /ST Paper-III 75(50%) 67.5(45%) rounded off Paper-I 40(40%) 35(35%) Paper-II 40(40%) 35(35%) 68 60(40%) 35(35%) 35(35%) -Only such candidates who obtain the minimum required marks in each paper, separately, as mentioned above, will be considered for final preparation of result. -However, the final qualifying criteria for Junior Research Fellowship (JRF) and eligibility for Lecturership shall be decided by UCG before declaration of result. -The syllabus of Paper-I, Paper-II and Paper-III will remain the same. - The candidates will be allowed to carry the carbon printout of OMR Response Sheets with the examination. -There will be no negative marking. " them on conclusion of Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 3
Legal Reasoning
25. This Court in fact is of the considered opinion that all the steps taken by UGC were strictly in accordance with Clause 7 of the notification issued for the NET Examination, 2012. Prescribing the qualifying criteria as per Clause 7, in my view, does not amount to a change in the rule of the game as it was already premeditated in the notification. I am also not inclined to say that UGC has acted arbitrarily or whimsically against the candidates. UGC in exercise of its statutory powers and the laid down criteria in the notification for NET June 2012, has constituted a Moderation Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 17 Committee consisting of experts for finalising the qualifying criteria for Lectureship eligibility and JRF. UGC acted on the basis of the recommendations made by the expert committee. The recommendations made by them have already been explained in the earlier part of the judgment. The reason for making such recommendations has also been highlighted in the report. 26. This Court, therefore, is of the considered view that the candidates were not misled in any manner. Much emphasis has been made by the learned counsel for the petitioner on the words “clearing the National Eligibility Test”. “Clearing” means clearing the final results, not merely passing in Paper I, Paper II and Paper III, which is only the initial step, not final. To clear the NET examination, as already indicated, the candidate should satisfy the final qualifying criteria laid down by UGC before declaration of the results. 27. Judged in this background, when this Court would find that the petitioner, belonging to the general category, did not secure aggregate 65% marks inasmuch as his aggregate was only 55.29%, his securing 54% in Paper-I, 56% in Paper-II and 53.33% in paper-III, being much below to 65% of the qualifying criteria fixed by the UGC. He cannot claim that he has to be declared successful in N.E.T. examination either for Junior Research Fellow Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 18 or Lecturership. Thus, merely because the petitioner had secured minimum qualifying percentage in all three papers could not have made him successful either for being declared successful in the Lecturership or JRF. 28. This Court is also of the view that, in academic matters, unless there is a clear violation of statutory provisions, the Regulations or the Notification issued, the Courts shall keep their hands off since those issues fall within the domain of the experts. The Apex Court in University of Mysore vs. C.D. Govinda Rao reported in AIR 1965 SC 491, Tariq Islam vs. Aligarh Muslim University reported in (2001) 8 SCC 546 and Rajbir Singh Dalal vs. Chaudhary Devi Lal University reported in (2008) 9 SCC 284, has taken the consistent view that the Court shall not generally sit in appeal over the opinion expressed by expert academic bodies and normally it is wise and safe for the Courts to leave the decision of academic experts who are more familiar with the problem they face, than the Courts generally are. UGC as an expert body has been entrusted with the duty to take steps as it may think fit for the determination and maintenance of standards of teaching, examination and research in the University. For attaining the said standards, it is open to the UGC to lay down any "qualifying criteria" , which has a rational nexus to the object to be achieved, Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 19 that is for maintenance of standards of teaching, examination and research. Candidates declared eligible for lecturership may be considered for appointment as Assistant Professors in Universities and colleges and the standard of such a teaching faculty has a direct nexus with the maintenance of standards of education to be imparted to the students of the universities and colleges. UGC has only implemented the opinion of the Experts by laying down the qualifying criteria, which cannot be considered as arbitrary, illegal or discriminatory or violative of Article 14 of the Constitution of India. 29. In the result, this writ application fails and is, accordingly, dismissed. Rishi/Ranjan- (Mihir Kumar Jha, J)
Arguments
5. Learned counsel has then drawn attention of this Court on the marks obtained by the petitioner which reads as follows: Marks of Candidates Registered in UGC-NET held on 24th JUNE 2012 Roll No. 49580038 Subject Code 58 Name NEERAJ KUMAR SHUKLA Marks obtained Max. Marks Percentage Paper-1 Paper-2 Paper-3 Grand Total 190 56 54 80 100 100 150 350 54.00% 56.00% 53.33% 55.29% 6. Learned counsel for the respondents, on the other hand, has submitted that the aforesaid Brochure by itself will go to show that a candidate by obtaining minimum marks in the NET examination shall not be entitled for being declared as successful for Junior Research Fellowship (JRF) and Lecturership which was to be decided by UGC before declaration of result. In this regard, it has been also explained that the UGC had subsequently fixed qualifying criteria both for JRF and Lectureship and the petitioner did not obtain the minimum cut off marks either for JRF or Lecturership and as such he cannot claim as a matter of right to be declared successful in the NET examination. 7. In the considered opinion of this Court, the submission of the learned counsel for the respondents has to be accepted. In this regard, this Court would find that under the University Grants Commission Act, 1957 (hereinafter referred to as the UGC Act), regulations were framed by UGC in the year 2010 to Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 4 lay down the criteria for declaring a candidate successful in the NET examination. 8. The UGC Act, 1956 was enacted by Parliament under the provisions of Schedule VII List I Entry 66 to the Constitution, which entitles it to legislate in respect of “coordination and determination of standards in institutions for higher education or research and scientific and technical education”. For the said purpose, the Act authorized the Central Government to establish a commission, by name, the University Grants Commission. Chapter III of the Act deals with the powers and functions of the Commission. Section 12 states that it shall be the general duty of the Commission to take, in consultation with the universities or other bodies concerned, all such steps as it may think fit for the promotion and coordination of university education and for the determination and maintenance of standards of teaching, examination and research in universities, and for the purpose of performing its functions under the Act, the Commission has been bestowed with certain powers under the Act. Clause (j) of Section 12 reads as under: “12. (j) perform such other functions as may be prescribed or as may be deemed necessary by the Commission for advancing the cause of higher education in India or as may be incidental or conducive to the discharge of the above functions.” Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 5 9. Section 26(1) of the UGC Act confers powers on it to make regulations consistent with the Act and the Rules. Clauses (e), (f) and (g) of Section 26 are of some relevance and are given below: “26. Power to make regulations.—(1) The Commission may, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder— xxx xxx xxx (e) defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the university, having regard to the branch of education in which he is expected to give instruction; (f) defining the minimum standards of instruction for the grant of any degree by any university; (g) regulating the maintenance of standards and the coordination of work or facilities in universities;” Xxx Xxx xxx 10. UGC, in exercise of its powers conferred under clauses (e) and (g) of Section 26(1) of the UGC Act and in supersession of the University Grants Commission (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2000, issued the University Grants Commission (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010. Regulation 2 states that the minimum qualifications for Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 6 appointment and other service conditions of university and college teachers, librarians and Directors of Physical Education and Sports as a measure for the maintenance of standards in higher education, shall be as provided in the annexure to the above Regulations. Clause 3.3.1 of the annexure reads as follows: Professors “3.3.1. NET/SLET/SET shall remain the minimum eligibility condition for recruitment and appointment of Universities/Colleges/ in Assistant Institutions: Provided however, that candidates, who are or have been awarded a PhD degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of PhD Degree) Regulations, 2009, shall be exempted from the minimum the requirement of eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/ Colleges/ Institutions.” 11. Clause 4.0.0 deals with direct recruitment. Clause 4.4.0 deals with Assistant Professor and Clause 4.4.1 deals with various disciplines, like Art, Humanities, etc. and qualifications prescribed for them read as follows: “4.4.1. Arts, Humanities, Sciences, Social Sciences, Commerce, Education, Languages, Law, Journalism and Mass Communication.— (i) Good academic record as defined by the university concerned with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master’s Degree level in a relevant subject from an Indian University, or an equivalent degree from an accredited foreign university. (ii) Besides fulfilling the above qualifications, the candidate must have cleared the national eligibility test (NET) conducted by UGC, CSIR or similar test accredited by UGC like SLET/SET. (iii) Notwithstanding anything contained in sub-clauses (i) and (ii) to this Clause 4.4.1, candidates, who are, or have been awarded a PhD degree in accordance with the University Grants Commission (Minimum Standards and Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 7 Procedure for Award of PhD Degree) Regulations, 2009 shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in universities/colleges/institutions. (iv) NET/SLET/SET shall also not be required for such for which Masters Programmes NET/SLET/SET is not conducted.” in disciplines 12. UGC, in exercise of its powers conferred on it under the various provisions mentioned hereinabove, is duty-bound to conduct NET for conferring eligibility for Lectureship and for awarding Junior Research Fellowship (for short “JRF”). UGC conducts such a test every year. 13. UGC, in its 482nd meeting held on 22-12-2011, decided as under: the the “During course of discussion, in detail the Commission also deliberated issues pertaining to objectivity in marking of Paper III, transparency, reducing the inter- and intra-examiner variability in marking of Paper III, delays in declaration of NET the NET Moderation Committees to switch over Paper III from descriptive to objective type on the pattern of CSIR-NET examination wherein all the three papers are of objective type. recommendations of results, Having regard to the above, the Commission decided that Paper III be converted into objective type from the ensuing examination scheduled in June 2012. Further, the Commission also recommended that the action may also be initiated for the development of question banks.” 14. The Notification for the NET examination was accordingly published on 6-2-2012 for determination of the eligibility of Indian nationals for the award of JRF and the Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 8 eligibility for Lectureship in Indian universities and colleges. 15. UGC, under that notification, announced that NET would be held on 24-6-2012 and the candidates were directed to read the notification carefully before submission of the application form. Clause 3 refers to the condition of eligibility and Para 7 of the notification deals with the scheme and date of the test. The operative portion of Para 7 is given below for easy reference: “7. Scheme and date of test.: (i) UGC-NET will be conducted in objective mode from June 2012 onwards. The test will consist of three papers. All the three papers will consist of only objective type questions and will be held on 24-6- 2012 (SUNDAY) in two separate sessions as under: Session Paper Marks Number of question Duration First 100 I First II 100 Second III 150 to 60 out of which 50 questions be attempted 50 compulsory 75 questions all are compulsory questions are 1¼ hours (9.30 a.m. to 10.45 a.m.) 1¼ hours (10.45 a.m. to 12.00 noon) 2½ hours (1.30 p.m. to 4.00 p.m.) and divergent test thinking Paper I shall be of general nature, intended to assess the teaching/research aptitude of the candidate. It will reasoning ability, primarily be designed to comprehension, general awareness of the candidate. Sixty (60) multiple choice questions of two marks each will be given, out of which the candidate would be required to answer any fifty (50). In the event of the candidate attempting more than fifty questions, the first fifty questions attempted by the candidate would be evaluated. Paper II shall consist of 50 objective type compulsory questions based on the subject selected by the candidate. Each question will carry 2 marks. Paper III shall consist of 75 objective type compulsory questions from the subject selected by the candidate. Each question will carry 2 marks. The candidate will have to mark the responses for Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 9 questions of Paper I, Paper II and Paper III on the optical mark reader (OMR) sheet provided along with the test booklet. The detailed instructions for filling up the OMR sheet will be sent to the candidate along with the admit card. The candidates are required to obtain minimum marks separately in Paper I, Paper II and Paper III as given below: CATEGORY PAPER-I GENERAL 40(40%) 35 (35%) OBC(Non- creamy layer) PH/VH/SC /ST 35 (35%) Minimum Marks (%) to be obtained PAPER-II 40 (40%) 35 (35%) PAPER-III 75 (50%) 67.5 (45%) rounded off to 68 35 (35%) 60 (40% Only such candidates who obtain the minimum required marks in each paper, separately, as mentioned above, will be considered for final preparation of result. However, Research Fellowship Lectureship declaration of result.” the final qualifying criteria for Junior for shall be decided by UGC before (JRF) and eligibility 16. UGC, accordingly, conducted the examination on 24-6-2012. On 17-9-2012, the Moderation Committee constituted by UGC consisting of the Chairman and Secretary, UGC; former Director, NCERT; former member of UGC; Vice-Chancellor, Central University of Gujarat; Vice-Chancellor, Tripura University; Vice-Chancellor, Delhi University; Head, Department of Bio- Technology, University of Madras; Vice-Chancellor, Doon University and few other experts, met for finalising the “qualifying criteria” for Lectureship eligibility and took the following decision: “II. Consideration zone for UGC-NET CATEGORY PAPER-I Minimum Marks (%) to be obtained PAPER-III PAPER-II Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 10 GENERAL OBC 40(40%) 35 (35%) 40 (40%) 35 (35%) SC/ST/PWD 35 (35%) 35 (35%) 75 (50%) 67.5 (45%) rounded off to 68 60 (40%) Only such candidates who obtain the minimum required marks in each paper, separately, as mentioned above, were to be considered for final preparation of result. As many as 2,04,150 candidates fell in the abovementioned consideration zone. III. Qualifying criteria for Lectureship eligibility Taking cognizance of the consideration zone described above, the final qualifying criteria for Junior Research Fellowship (JRF) and eligibility for Lectureship are to be determined by the Moderation Committee for declaration of result. In addition to the consideration zone described above, the Committee decided to establish another categorywise benchmark for Lectureship eligibility i.e. aggregate percentage of all the three papers. Thus, the proposed qualifying criteria for Lectureship eligibility are as follows: Table (ii) CATEGORY Minimum Qualifying Percentage GENERAL OBC SC/ST/PWD PAPER-I 40% 35 % 35 % PAPER-II 40 % 35 % 35% PAPER-III 50% 45% 40% AGGREGATE 65% 60% 55% As per the above criteria, it was found by the Committee that a total of 43,974 candidates qualify for Lectureship eligibility.” 17. The Committee recommended that the General, OBC (non-creamy layer) and SC/ST/PWD candidates would be required to obtain an aggregate percentage of 65%, 60% and 55% respectively in addition to the paperwise minimum percentage presented in Clause 7 of UGC-NET Notification for June 2012, as qualifying criteria. Based on the recommendations of the Moderation Committee, result was declared on 18-9-2012 and the Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 11 categorywise qualifying criteria to UGC-NET examination held on 24-6-2012 was as under: Categorywise qualifying criteria for Lectureship eligibility in UGC-NET held on 24-6-2012: CATEGORY Minimum Qualifying Percentage PAPER-I PAPER-II 40 % 35 % PAPER-III AGGREGATE 50% 45% 65% 60% GENERAL 40% 35 % OBC (None Creamy Layer) SC/ST/PWD 35 % 35% 40% 55% 18. UGC later received some representations regarding the criteria adopted for the NET, June 2012 and keeping in view the same, the Commission met on 20-10-2012 and set up a five- member expert committee from amongst the Commission members for examining the representations/grievances related to NET, June 2012 and revisit the results, if found necessary. The Committee, after examining the representations, recommended as under: “(i) Grievances related to insufficient information in the advertisement.—The Committee noted that the advertisement clearly stated that securing minimum marks required in each paper do not amount to eligibility for the purpose of NET. In the past, scores in all the three papers were taken into account while preparing the list of selected candidates for the purposes of JRF. At the same time, the Committee felt that in future the announcement should make it very clear that the scores in all the three papers shall be taken into account for NET as well as JRF and that eligibility for NET shall be determined separately for each subject by taking into account the performance of all the candidates. (ii) Grievances related to the uniform and high cut-off for UGC-NET across various disciplines.—The Committee examined the pattern of marks secured in different subjects and the proportion of candidates who were eligible for UGC-NET based on the uniform cut-off Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 12 to other several relative subjects candidates performance approved by the Moderation Committee. It noted that the proportion of students who made it varied hugely across the subjects, from above 30% to as low as less than 1% in many subjects. The Committee felt that this method puts to from disadvantage. A fair method must also take into account the candidates. Accordingly, the Committee recommended a correction in the list of candidates eligible for UGC-NET held in June 2012. For this correction, additional criteria (b) below shall be used and any candidate who meets either of the following two criteria shall be eligible for UGC- NET: (a) Those candidates who had made the consideration zone i.e. those who received a minimum of 40%, 40% and 50% marks in Paper I, Paper II and Paper III respectively for General category; 35%, 35% and 45% marks in Paper I, Paper II and Paper III respectively for OBC (non-creamy layer) category and 35%, 35% and 40% marks in Paper I, Paper II and Paper III respectively for SC/ST/PWD category and those who secured aggregate percentage (obtained by combining marks of Papers I, II and III) of 65% for General category, 60% for OBC (non-creamy layer) and 55% for SC/ST/PWD category candidates (this is the same criterion as described by the earlier Moderation Committee). to it or (b) Those candidates who figure among top 7% of all the candidates who appeared in NET; this shall be calculated separately for each discipline and for each category [SC/ST/OBC (non-creamy layer)/PWD]. Accordingly a cut-off will be determined for each subject and each category for this purpose. In case of tie (when several students have same identical aggregate marks) all the candidates appearing at the qualifying marks shall be included. The candidates who do not secure minimum required score in each paper and are therefore not in the consideration zone, will not be included in this list even if they fall among the top 7% within their subject and category.” xxx xxx xxx xxx xxx xx 19. The Committee revisited the results and decided to qualify a few additional candidates for JRF and eligibility for Lectureship both and eligibility for Lectureship only. Accordingly, UGC prepared supplementary result qualifying 15,178 additional Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 13 candidates which was declared on 12-11-2012. This was in addition to the candidates declared as qualified in the original result of June 2012 UGC-NET declared on 18-9-2012. 20. Altogether 5,71,630 candidates appeared in UGC- NET Examination, 2012, out of which 2,04,150 candidates got the minimum marks prescribed separately in Paper I, Paper II and Paper III and fell in the consideration zone. From that 57,550 candidates were declared passed in the NET examination for the year 2012, applying the qualifying criteria laid down by the expert committee of UGC. 21. UGC, in exercise of its powers conferred under clauses (e) and (g) of Section 26(1) of the UGC Act, issued the UGC (Minimum Qualification of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for Maintenance of Standards of Higher Education) Regulations, 2010. Regulation 3.3.1 of the Regulations specifically states that NET shall remain the minimum eligibility condition for recruitment and for appointment of Assistant Professors in the universities/colleges/institutions. Regulation 4.4.1 stipulates that before fulfilling the other prescribed qualifications, the candidates must have cleared the National Eligibility Test conducted by UGC. Therefore, the power of UGC to prescribe, as it thinks fit, the Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 14 qualifying criteria for maintenance of standards of teaching, examination, etc. cannot be disputed. It is in exercise of the above statutory powers, UGC has issued the notification for holding NET on 24th June, 2012. Para 7 of the notification deals with the scheme of the Act which clearly indicates that the candidates are required to obtain minimum marks separately in Paper I, Paper II and Paper III. It also clearly indicates that only such candidates who obtain minimum required marks in each paper will be considered for final preparation of results. The final qualifying criteria for JRF and eligibility for Lectureship shall be decided by UGC before declaration of result. The above clause deals with the following requirements to be followed before the final declaration of the results: (i) Candidates to obtain minimum marks separately in Paper I, Paper II and Paper III; (ii) Candidates who have satisfied the above criteria only would be subjected to a qualifying criteria before the final preparation of result; (consideration zone) (iii) UGC has to fix the final qualifying criteria before the declaration of results. 22. The petitioner in fact is seeking final declaration of her results on the ground that she has obtained the minimum marks separately in Paper I, Paper II and Paper III, ignoring the other two Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 15 steps, referred to hereinbefore, and also forgetting the fact that only those who obtain the minimum required marks alone will fall in the consideration zone. All these steps, as has been referred to above, have been clearly stipulated in the notification issued for NET Examination, 2012. 23. This Court would find that 2,04,150 candidates have obtained the minimum marks separately in Paper I, Paper II and Paper III. All those candidates were subjected to a final qualifying criteria fixed by the Committee constituted by UGC, since they fell within the consideration zone. Applying the final qualifying criteria, the Committee made the following recommendations: (i) The Committee recommended that a total of 43,974 candidates may be declared qualified for Lectureship eligibility as per the qualifying criteria given below: CATEGORY Minimum Qualifying Percentage (None GENERAL OBC Creamy Layer) SC/ST/PWD PAPER-I PAPER-II 40% 35 % 40 % 35 % PAPER-III 50% 45% AGGREGATE 65% 60% 35 % 35% 40% 55% (ii) The Committee recommended that the NET Bureau may finalise the JRF awardees as per the criteria mentioned above out of those candidates who had opted for JRF and have qualified for Lectureship eligibility. (iii) The Committee authorised the Chairman, University Grants Commission to declare the result for eligibility for Lectureship the and Junior Research Fellowship as recommended by Moderation Committee. While concluding the deliberations, the Committee expressed the appreciation for the painstaking effort of the NET Bureau in analysing the results and presenting its findings. Patna High Court CWJC No.13412 of 2013 (2) dt.16-07-2013 16 24. This Court would notice, based on the recommendations of the expert committee, the final results were declared and 43,974 candidates were declared qualified for Lectureship eligibility as per the qualifying criteria. As already indicated, some more relaxation was also granted in favour of those persons who got the minimum qualifying marks since those candidates figured amongst the top 7% of all the candidates who appeared in NET, which was in addition to the candidates declared as qualified in the original result declared on 18-9-2012. 15,178 candidates were benefited by that relaxation. Consequently, as already stated, a total of 57,550 candidates were declared passed in the NET Examination, 2012.