The issue relates to a notification by the State providing exemption from NET/SLET qualification only if the candidates possessed a PhD degree. But pointing out that these eligibility tests were not being held for Visual Communication, S Manoj Kumar, a candidate, had moved the court seeking to direct the TRB to proceed with the selection process without insisting on NET/SLET qualification. 

The single judge who heard the plea had negated the State’s contention that exemption from NET/SLET can be offered only if the candidates possessed PhD, by drawing reference to the UGC norm, as per notification dated July 18, 2018, which provide that the clearing of NET/SLET was not required for candidates in disciplines wherein the tests are not conducted. Challenging it, the State government moved an appeal. 

But the first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy dismissed the appeal. “The contention of the State cannot be countenanced for the reason that the exemption granted to candidates with a PhD degree is in respect of disciplines wherein the NET/SLET test is conducted. With regard to disciplines in which the said tests are not conducted, it stands to reason that the candidates concerned cannot be disqualified for not clearing tests that are not conducted,” the bench said.