THE STATE OF MADHYA PRADESH & ORS. versus MANOJ SHARMA & ORS.

Citation: [2018] 1 S.C.R. 779 · Decided: 25-01-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Disposed off

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Judgment (excerpt)

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THE STATE OF MADHYA PRADESH & ORS.
v.
MANOJ SHARMA & ORS.
(Civil Appeal No. 871 of 2018)
JANUARY 25, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
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 degree holders have been withdrawn and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
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[2018] 1 S.C.R. 779
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SUPREME COURT REPORTS
[2018] 1 S.C.R.
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, E-
H]
1.4  The said regulations were amended and amendments
dated 11.07.2009 were relevant whereas the note as contained
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in Regulation 1.3.3 has been substituted. The amendment as ma

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