RAVINDRA SINGH SHEKHAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) In these writ applications, common question arises with respect to the eligibility of holders of M.Phil/Ph.D for the post of Lecturer/Assistant Professor whether they are required to qualify NET/SLET/SET. Vires of the University Grants Commission (Minimum qualifications required for the appointment and Career Advancement of teachers in Universities and Institutions affiliated to it) (3rd Amendment) Regulations, 2009 (hereinafter referred to as "the 3rd Amendment Regulations of 2009") framed by the University Grants Commission (for short "the UGC") in this regard in the year 2009 has been put into question as the UGC has put a rider that only those candidates, who are or have been awarded Ph.D. Degree in compliance of the University Grants Commission (Minimum Standards and Procedure for award of Ph.D. Degree) Regulations, 2009 (hereinafter referred to as "the Minimum Standards Regulations of 2009"), shall be exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/ Colleges/Institutions. The petitioners have prayed that the said Regulations framed by the UGC on 11.7.2009 to the aforesaid extent be declared ultra vires and quashed. The petitioners have also prayed to quash 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 (hereinafter referred to as "the Regulations of 2010") to the extent of providing similar rider that only those candidates, who are or have been awarded Ph.D. Degree in accordance with the Minimum Standards Regulations of 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. Prayer has also been made to declare that the impugned Regulations are not retrospective in nature and the candidates, who have passed M.Phil/Ph.D. Degree earlier before 3rd Amendment Regulations of 2009 came into force be held to be eligible for the post of Lecturer/Assistant Professor or other equivalent post without passing NET/SLET/SET and directions be issued to the respondents to consider the candidature of the petitioners for appointment to the post of Lecturer/Assistant Professor without qualifying NET/SLET/SET.

(2.) The facts are referred to from D.B.Civil Writ Petition No.8582/2011 Ravindra Singh Shekhawat V/s Union of India and ors. The petitioner has passed M.Phil examination in the year 1998; he has questioned the validity of the advertisement dated 21.9.2010 inviting applications for appointment to the posts of Lecturer/Assistant Professor in various subjects including Botany; since he has qualified the written examination, he was called for interview on 8.7.2011, however, in the call letter, a note was mentioned to the effect that if candidate has not qualified NET/SLET/SET, he should bring proper evidence for exemption that his Ph.D. degree is awarded in accordance with the Minimum Standards Regulations of 2009. The petitioner apprehended that since he has acquired the qualification of M.Phil and others have also acquired Ph.D degree prior to 2009 and the same was not as per the Minimum Standards Regulations of 2009, their candidature may be rejected. It was further submitted by the petitioner that the UGC has been making amendments in the Regulations from time to time and by way of 3rd Amendment Regulations of 2009, which came into force from the date when they were published in the Gazette of India i.e. July 11, 2009, amendment was brought about to the effect that NET/SLET shall remain the minimum eligibility condition for recruitment and appointment of Lecturers in Universities/Colleges/Institutions. Provided, however, that candidates, who are or have been awarded Ph.D. Degree in compliance of the Minimum Standards Regulations of 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions. Thereafter, in September, 2009 the UGC has framed the Regulations called "University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2009 (hereinafter referred to as "the Appointment Regulations of 2009").

(3.) Thereafter, vide notification 30.6.2010 the UGC has framed the Regulations of 2010 and the same were published in the Gazettee of India on September 18, 2010. As per clause 3.3.1. NET/SLET/SET shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professors in Universities/Colleges/Institutions. Provided however, that candidates who are or have been awarded a Ph.D. Degree in accordance with the Minimum Standards Regulations of 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.