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    Delhi HC directs reinstatement of disabled person to position of Assistant Professor with the UGC

    Date : 03/03/2014

    CIVIL WRIT PETITION NO. 5865 OF 2011

    AKHILESH KUMAR Versus UNIVERSITY GRANTS COMMISSION & ANR.

    The Petitioner has filed a Petition under Article 226 of the constitution of India against the University Grant Commission & Others in the High Court of Delhi for quashing the decision of the UGC regarding the withdrawal of exemption from NET for the Petitioner and the reinstatement of the Petitioner to his prior permanent position with all service benefits.

    The Petitioner is a person with disability (Visual Impairment) in terms of the Persons with Disabilities Act 1995, who was working on the post of assistant professor with the Respondent No. 2 and was subsequently removed from his post due to arbitrary withdrawal of exemption by UGC from the NET examination without any reason.

    The Honorable Court has given its Judgment and directed as follows:

    “The writ petition is allowed the decision of the UGC dated 02.06.2010, whereby it withdrew the exemption granted to the petitioner from taking NET, is quashed. Accordingly, the petitioner will be reinstated forthwith to the permanent post of Assistant Professor from the date when he was first employed, without break-in-service; sans the obligation to pay salary and allowances for the period spanning between 07.06.2011 and the date of this judgment. All other concomitant consequential benefits shall, however, accrue to the petitioner, in view of the directions issued above. Parties shall, though, bear their own costs.”

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