University Grants Commission (Minimum Standards and Procedure for the award of M.Phil./Ph.D Degree) Regulations, 2009 – Regulations 3, 5 – Operation of – 2009 Regulations prohibiting any university, institution or deemed university from conducting M.Phil./Ph.D. through distance education mode, published in Gazette of India on 11.7.2009 – Writ petitionersrespondents herein had passed M.Phil. from different universities under distance education before 11.07.2009 – Applications invited by appellant-State for the post of Guest Lecturer in different subjects – Applications of writ petitioners were not accepted on the ground that they were not qualified as they had obtained M.Phil. Degree through distance education programme – Single Judge of High Court disposed of the writ petitions holding that those candidates who cleared M.Phil. before the 2009 Regulations through distance education mode, are eligible and their result be declared –Writ appeal dismissed by Division Bench – Held: Regulation 3, of 2009 Regulations provides for enforcement of the Regulation from the date of their publication in the Gazette of India – Thus, it is clear that regulations are prospective in nature and may not affect the qualifications granted by an university or institution prior to the enforcement of the regulation – Single Judge rightly directed the State to consider the case of writ petitioners on the basis of M.Phil. degree – However, such direction of Single Judge be considered taking into consideration the fact that in view of UGC(Minimum Qualifications for Appointment) Regulations, 2009, also published in the Gazette on 11.7.2009, National Eligibility Test (NET) is now minimum qualification for appointment of Lecturer and exemption granted to M.Phil. degree holders have been withdrawn and exemption is allowed only to those Ph.D. degree holders who have obtained the Ph.D. degree in accordance with 2009 Regulations – UGC(Minimum Qualifications for Appointment and Career Advancement of Teachers in Affiliated Universities and Institutions) (3rd amendment) Regulations, 2009 .
Disposing of the appeals, the Court
HELD: 1.1 Regulation 3 under University Grants Commission (Minimum Standards and Procedure for the award of M.Phil./Ph.D Degree) Regulations, 2009 [Regulations 2009 of UGC (Minimum Standards and Procedure)], clearly provided for enforcement for the regulation from the date of their publication in the Gazette of India. Thus, it is clear that regulations are prospective in nature and may not affect the qualifications granted by an university or institution prior to the enforcement of the regulation. There is no error in the judgment of the High Court. Single Judge had thus rightly directed the respondent to consider the case of the writ petitioners on the basis of M.Phil. degree and declare the result alongwith other candidates. [Paras 12, 13] [784-F-H; 785-A]
1.2 There is another issue which needs to be noticed at this juncture. On the same day when regulations pertaining to Minimum Standards and Procedure for the award of M.Phil./Ph.D Degree were published, another regulations were published in the Gazette on the same day i.e. on 11.7.2009, namely, UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Affiliated Universities and Institutions) (3rd amendment) Regulations, 2009. [Para 14][785-B]
1.3 University Grants Commission had issued regulations relating to minimum qualification for the post of lecturer in the year 2000 which regulations were amended in 2002 and 2006. According to Regulations 2000, Regulation 1.3.3 provides for qualification for Lecturer inter alia stating that candidates should have cleared the eligibility test (NET) for lecturers conducted by the UGC. It also stated that NET shall remain compulsory requirement for appointment as Lecturer even for candidates having Ph.D. degree. However, inter alia it was also stated that the candidates who have completed M. Phil. Degree are exempted from appearing in the NET examination. [Para 15] [785-C-D, EH]
1.4 The said regulations were amended and amendments dated 11.07.2009 were relevant whereas the note as contained in Regulation 1.3.3 has been substituted. The amendment as made in the minimum qualification, now provides that the exemption from NET shall be given to the Ph.D. degree holders, only when Ph.D. degree has been awarded to them in compliance with the Regulations 2009 of UGC (Minimum Standards and Procedure). The above provision thus, made it mandatory that for lecturers NET qualification is necessary and exemption shall be granted to those Ph.D. degree holders who have obtained Ph.D. degree in accordance with the Regulations 2009 of UGC (Minimum Standards and Procedure). The purpose and object of the above amendments in both Regulations 2009 of UGC (Minimum Standards and Procedure) as well as Regulations 2009 of UGC (Minimum Qualifications for Appointment) is not far to seek. [Paras 16, 17] [785-G; 786-C-E]
1.5 Thus, NET qualification is now minimum qualification for appointment of Lecturer and exemption granted to M.Phil. degree holders have been withdrawn and exemption is allowed only to those Ph.D. degree holders who have obtained the Ph.D. degree in accordance with 11.7.2009 regulations, namely, Regulations 2009 of UGC (Minimum Standards and Procedure). Although, this aspect was not noticed by the High Court but since the Single Judge has directed the consideration of the case of the writ petitioners on the basis of M.Phil. degree which was obtained by them by distance education mode prior to 2009, it is necessary that their eligibility for the post be examined taking into consideration the Regulations 2009 of UGC (Minimum Qualifications for Appointment). The advertisement and selection for Guest Lecturers having been conducted in the year 2012 when both the Regulations 2009 of UGC (Minimum Standards and Procedure) and Regulations 2009 of UGC (Minimum Qualifications for Appointment) were applicable. [Para 20] [788D-F] Manoj Sharma and Ors. vs. State of Madhya Pradesh (Decision of Madhya Pradesh)– referred to.
Dr. Ramesh Kumar Yadav and Anr. vs. University of Allahabad and Ors. (Decision dated 6.04.2012 of Allahabd High Court) – not approved.
P. Susheela and Ors. vs. University Grants Commission and Ors. (2015) 8 SCC 129 : [2015] 5 SCR 643 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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