Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Exemption of NET for Ph.D Holders |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Exemption of NET for Ph.D Holders – Prospective Operation of 2018 UGCR – UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations – In 2009, amendment was made to the UGC Regulations, 2000 (UGCR) – By this amendment, for the first time, the minimum stipulation for the appointment of lecturer was introduced i.e. NET – However, candidates who had acquired their Ph.D. were exempted from qualifying in the NET – On 13.06.2011, the University invited applications for filling up the post of Lecturer in various subjects – The minimum qualification was NET, however, the advertisement exempted candidates who had a Ph.D. in the concerned subject from qualifying the NET – One ‘J’ who applied for the post was ranked in the first position and the respondent was placed at second rank – Respondent challenged the appointment of ‘J’ before the High Court on the ground that it contravened the 2009/10 UGCR, i.e., as ‘J’ had not obtained his Ph.D.(on 23.08.2006) in accordance with the 2009 Ph.D. Regulations – High Court held that the ‘J’ was not qualified to hold the post of Lecturer – Division Bench affirmed the order passed by the Single Judge by holding that the 2016 UGCR amendment which enable those awarded Ph.D. degrees prior the cut-off date of 11.07.2009 to also be considered for appointment as Lecturers was applicable only prospectively, and hence denied the benefit to ‘J’ - On appeal, Held: There are perhaps hundreds of other Ph.D. candidates who had secured their degrees prior to the 2009 Ph.D. Regulations and who were, till the 2009/10 UGCR were brought into force, entitled to claim exemption from NET in every selection for any teaching vacancy in any university in India – The 2018 UGCR, bifurcated the pre- and post-2009 Ph.D. holders into two groups, and allowed both exemption from taking the NET – To construe them as applying only prospectively, would give rise to an absurdity, and defeat the purpose for which the amendment was promulgated – It is the duty of the courts, whether trying original proceedings or hearing an appeal, to take notice of the change in law affecting pending actions and to give effect to the same - To interpret the 2018 UGCR prospectively would imply that a pre-2009 Ph.D. holder’s appointment would be rendered illegal, and after having taught for several years, he/she would lose his/her seniority and all accrued benefits and would now have to take the NET in order to teach – which is clearly unwarranted. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2022 INSC 840 |
Petitioner | University Of Kerala And Ors. Etc. |
Respondent | Merlin J. N. And Anr. Etc. Etc. |
SCR | [2022] 13 S.C.R. 323 |
Judgement Date | 2022-08-17 |
Case Number | 5309 |
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