Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | University Grants Commission (Minimum Standards and Procedure for the award of M.Phil./Ph.D Degree) Regulations 2009 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | 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 petitioners- respondents 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 degree holders have been withdrawn and exemption is allowed only to those Ph.D. degree holders who have obtained the Ph.D. degree in accordance with 2009 Regulations – UGC(Minimum Qualifications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 . |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 64 |
Petitioner | The State Of Madhya Pradesh & Ors. |
Respondent | Manoj Sharma & Ors. |
SCR | [2018] 1 S.C.R. 779 |
Judgement Date | 2018-01-25 |
Case Number | 871 |
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