High Court of KeralaSingle JudgePetitions dismissed; no relief granted; non-int...

Dr Yamuna v. Kerala Agricultural University; Dr Karthika Karunakaran v. Kerala Agricultural University

Case / Petition Number:WP(C).Nos.5547 & 6620 of 2019

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. V. ASHA
Judgment Date
2019-06-28
Court Decision / Holding
Petitions dismissed. The court found that as per the regulations in force on 03.03.2016, NET remained mandatory for recruitment to the post of Assistant Professor; Ph.D. from foreign universities did not qualify for exemption under those regulations. The 2018 exemptions could not be invoked to alter the eligibility as on the date of notification. Hence, the petitioners did not meet the requisite qualifications and there was no interference with the university’s rank list.
Final Disposition
Petitions dismissed; no relief granted; non-interference with rank lists.

Parties to the Case

Appellants / Petitioners

  • Dr Yamuna
  • Dr Karthika Karunakaran

Respondents

  • The Kerala Agricultural University represented by its Vice Chancellor
  • The Selection Committee of Kerala Agricultural University represented by its Vice Chancellor
  • The Registrar, Kerala Agricultural University
  • The Secretary, University Grants Commission, New Delhi (Additional Respondent 4)

Legal Representation & Advocates

Counsels for Petitioners

  • • P. V. Jayachandran
  • • G. N. Deepa
  • • Nidhi Balachandran

Counsels for Respondents

  • • Robson Paul, SC
  • • S. Krishnamoorthy, CGC Senior Counsel
  • • Ranjith Thampan

Case Synopsis & Summary

These twin writ petitions challenge the respondents’ rank lists for appointments as Assistant Professors in Agricultural Microbiology and Biotechnology at Kerala Agricultural University (KAU). The petitioners contend that their Ph.D. degrees from foreign universities should be treated as exempt from the mandatory NET/SLET/SET requirement under UGC regulations, and thus they ought to be included in the rank lists and appointed. They rely on various UGC regulations: the 2010 Regulations that set NET as a minimum eligibility (with exemptions only for Ph.Ds under the 2009 Regulations), the 2016 Ph.D. Regulations which provided a procedure to determine equivalence of foreign degrees (Regulation 12.2), and the 2018 Regulations which introduced certain exemptions for foreign Ph.D. holders ranked in the top 500 (cited via Ext. P7–P9). They argue that their Ph.D. from the University of Würzburg (ranked 301) falls within such considerations and that Ext. P10 shows prior recognition of a similar foreign Ph.D. program within the same university. The respondents contend that, as per the 2016 advertisement (03.03.2016) and the 2010 Regulations (3.3.0–3.3.1; 4.4.1), NET remained mandatory unless exempted by the specific Ph.D. Regulations in force on that date; there is no provision making foreign Ph.D. exempt from NET as of 03.03.2016. The court ultimately holds that the petitioners did not meet the requisite qualifications on the date of notification and dismisses the petitions, refusing relief.

Provisions of Law Cited

UGC Regulations, 2010: 3.1.0; 3.2.0; 3.3.0; 3.3.1; 4.4.0; 4.4.1

Legal Doctrines & Maxims

  • Fraud on the public (Dist. Collector & Chairman, Vizianagaram Social Welfare Residential School Society v. M. Tripura Sundari Devi, 1990)
  • Qualification to be determined as on the date of notification (Rekha Chathurvedi v. State of Rajasthan; State of Orissa v. Mamata Mohanty; Rakesh Kumar Sharma v. State (NCT of Delhi))
  • P. Suseela v. University Grants Commission (2015) 8 SCC 129

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that their Ph.D. degrees from foreign universities qualify them for exemption from NET under UGC Regulations, 2010/2016/2018 for direct recruitment as Assistant Professors. They rely on Exts. P7–P9 (UGC Regulations, 2018) indicating exemptions for foreign Ph.Ds ranked among the top 500 in world rankings, and on Ext. P11 (Regulation 12.2, 2016 Ph.D Regulations) to assert equivalence procedures. They contend that the 2016 notification (03.03.2016) did not bar such exemptions and that Ext. P10 shows a precedent of Ph.D. recognition within the same university. They also argue that the 2018 updates were in force before appointments, and thus should apply. They claim discriminatory treatment vis-a-vis other teachers working under similar Ph.D. recognition. Respondents: The University and UGC contend that the 03.03.2016 advertisement required NET as the minimum qualification; Regulation 3.3.1 of the 2010 Regulations made NET essential unless exempted by 2009 Ph.D. Regulations. They argue that there was no provision in force as of 03.03.2016 exempting foreign Ph.Ds from NET; Regulation 12.2 of the 2016 Ph.D. Regulations mandated referral for equivalence for foreign degrees but did not provide immediate exemption; the 2018 Regulations’ exemptions apply only prospectively and cannot override the notification.

Contentions of Respondents

The respondents argue that NET/SLET/SET remains mandatory as per 2010 Regulations; exemptions for foreign Ph.D. degrees were only introduced in 2018 (Regulation 4.1(IB)) under UGC Regulations 2018, which did not retroactively apply to the 2016 advertisement. They rely on Exts. R1 (A–E) showing the 2010 Regulations and the 2009 Ph.D. Regulations and UGC letter clarifications (Ext. R1(E)). They submit that the petitioners did not meet the minimum qualifications as on the date of the notification (03.03.2016) and thus were not eligible for inclusion in the rank list.

Cited Precedents (5)

Case NameCitationTreatmentExplanation
Rekha Chathurvedi v. State of Rajasthan(1993) 3 SCC 168PositiveUsed to establish that qualification must be determined as on the date specified in the notification inviting applications; date-of-notification rule applied.
State of Orissa v. Mamata Mohanty(2011) 3 SCC 436PositiveSupports the date-of-notification principle for qualification determination.
Rakesh Kumar Sharma v. State (NCT of Delhi)(2013) 11 SCC 58PositiveAffirms that the last date fixed for receipt of applications is relevant for determining qualification.
P. Suseela v. University Grants Commission(2015) 8 SCC 129PositiveCited for the proposition that NET is mandatory unless exempted by specific Ph.D. Regulations in force.
Dist. Collector & Chairman, Vizianagaram Social Welfare Residential School Society v. M. Tripura Sundari Devi(1990) 3 SCC 655PositiveUsed to caution that extending regulation after notification could amount to fraud on public.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** # **WP(C).No.5547 of 2019** ## **PETITIONER:** **DR.YAMUNA, AGED 36 YEARS W/O ARAVIND BABU, VELLAKKALLUMKAL, KOTHALA P.O., PAMPADY, KOTTAYAM, NOW RESIDING AT TC 13/81 AVRA 336, HARA, VADDEKAD, KUNNUMKUZHI, VANCHIYUR P.O., THIRUVANANTHAPURAM.** **BY ADVS. SRI.P.V.JAYACHANDRAN SMT.G.N.DEEPA** ## **RESPONDENTS:** - **1 THE KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS VICE CHANCELLOR, KAU P.O., VELLANIKKARA, THRISSUR-680 654.** - **2 THE SELECTION COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY THE VICE CHANCELLOR, KAU P.O., VELLANIKKARA, THRISSUR-680 654.** - **3 THE REGISTRAR** **KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY P.O., VELLANIKKARA, THRISSUR-680 654.** ## *** ADDL.4 THE SECRETARY,** **UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002.** - **(*ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 11/03/2019 IN IA 01/2019.)** ## **BY ADVS.** **SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY SRI.S.KRISHNAMOORTHY, CGC SENIOR COUNSEL SRI.RANJITH THAMPAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).6620/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.5547 & 6620 of 2019** 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **FRIDAY, THE 28TH DAY OF JUNE 2019 / 7TH ASHADHA, 1941** ## **WP(C).No.6620 of 2019** ## **PETITIONER:** **DR.KARTHIKA KARUNAKARAN, AGED 36 YEARS W/O.RAJEEV BHANU VIHAR, BHANU LANE, HOUSE NO.39, PERURKADA, THIRUVANANTHAURAM, NOW RESIDING GEISHUGLER STRASSE,GERBRUNN, WURZBURG, GERMANY** **BY ADVS. SRI.P.V.JAYACHANDRAN SMT.G.N.DEEPA SRI.NIDHI BALACHANDRAN** ## **RESPONDENTS:** - **1 THE KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KAU POST, VELLANIKKARA, THIRISSUR-680 654** - **2 THE SELECTION COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS VICE CHANCELLOR, KAU POST, VELLANIKKARA, THRISSUR-680 654** - **3 THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, KERALA AGRICULTURAL UNIVERSITY P.O., VELLANIKKARA, THRISSUR-680 654** - **4 THE SECRETARY, UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI-110 002** **BY ADVS.** **SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY SRI.S.KRISHNAMOORTHY, CGC SENIOR COUNSEL SRI.RANJITH THAMPAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2019, ALONG WITH WP(C).5547/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.5547 & 6620 of 2019** 3 ## **J U D G M E N T** Petitioners in both these cases are applicants for appointment to the post of Assistant Professors in Agricultural Microbiology and in Bio Technology respectively in the Kerala Agricultural University. The parties and documents referred to in this judgment are as described in W.P.(C).No.5547 of 2019. 2. As per Ext.P4 notification issued on 03.03.2016, the University invited applications from among qualified candidates for appointment as Assistant Professors in the various disciplines. Petitioner in W.P.(C).No.5547 of 2019 submitted application for the post of Assistant Professor in Agricultural Microbiology. The petitioner in W.P. (C).No.1020 of 2019 submitted application for appointment in the discipline Bio Technology. The qualifications prescribed for the post, as per the notification were the following: - “a) Bachelor's Degree from the concerned Faculty recognised by the Kerala Agricultural University. The **WP(C).Nos.5547 & 6620 of 2019** 4 clause 'concerned faculty' is not insisted in the disciplines of Agricultural Statistics, Mathematics, Computer Science & Home Science - b) Masters degree in the relevant subject recognized by the Kerala Agricultural University with a minimum of 55% marks in the traditional system or its equivalent grade in a point scale where grading system is followed. Only the qualifying marks without including any grace mark is permissible. A relaxation of 5% marks for the Scheduled Caste/Scheduled Tribe/Differently abled (Physically and visually differently abled) categories. - c) NET conducted by ICAR/UGC/CISR/AICTE or similar test accredited by the UGC. Desirable: 1.Knowledge in Malayalam language to read and write 2.Ph.D in the relevant subject recognised by the Kerala Agricultural University.” 2. The last date fixed for receipt of applications was 31.03.2016. Based on applications submitted, petitioners appeared in the written test and thereafter in the interview. Petitioners submit that though they were successful in both, they were not included in Ext.P6 rank list published on 19.02.2019. On enquiry petitioners came to know that the reason for non-inclusion was that the Ph.D. acquired by them were from Foreign Universities. 3. Learned counsel for the petitioners submit that the petitioners are duly qualified in accordance with Ext. P2 - the University Grants **WP(C).Nos.5547 & 6620 of 2019** 5 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 2010 ('UGC Regulations, 2010' for short), according to which Ph.D holders are given exemption from pass in National Eligibility Test. Petitioners point out that since they are having Ph.D in the subject as shown in the certificates Ext.P2 after they completed the graduate training program offered at the International Max Planck Research School “The Exploration of Ecological Interactions with Molecular and Chemical Techniques” in the course of the Ph.D studies with the thesis for the same as certified in Ext.P1, they are duly qualified. Therefore, the petitioners in both these writ petitions are challenging the rank list and seeking a direction to the respondent University to include their names in the respective rank lists and to appoint them as Assistant Professors based on their **WP(C).Nos.5547 & 6620 of 2019** 6 performance. 4. Petitioner in W.P.(C).No.5547 of 2019 thereafter filed I.A.Nos.1 of 2019 and 2 of 2019 producing Ext.P7 UGC Regulations, 2018 in which ## qualifications prescribed for appointment of Assistant Professors are given as follows: Note: NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted by the UGC, CSIR or similar test accredited by the UGC, like SLET/SET or B. The Ph.D degree has been obtained from a foreign university/institution with a ranking among to 500 in the World University Ranking (at any time) by any one of the following:(i) Quacquareli Symonds (QS) (ii) the Times Higher Education (THE) or (iii) the Academic Ranking of World Universities (ARWU) of the Shanghai Jiao Tong University (Shanghai). Note: The Academic score as specified in Appendix II (Table 3A) for Universities and Appendix II (Table 3B) for Colleges, shall be considered for short-listing of the candidates for interview only, and the selections shall be based on the performance in the interview. ## 5. Petitioners have also produced Ext.P8 clarification received from the Ministry of Human Resources Development issued on 06.08.2018 which reads as follows: The University Grants Commission (UGC) has notified UGC (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, 2018, in the Gazatte of India on **WP(C).Nos.5547 & 6620 of 2019** 7 18.07.2018. As per these regulations, a person with Ph.D degree from a foreign university/institution with a ranking among top 500 in the World University Ranking (at any time) by any one of the following:(i) Quacquareli Symonds (QS) (ii) the Times Higher Education (THE) or (iii) the Academic Ranking of World Universities (ARWU) of the Shanghai Jiao Tong University (Shanghai) is eligible for direct recruitment as Assistant Professor in universities and colleges. The aforesaid regulations are available on UGC website at https://www.ugc.ac.in/pdfnews/4033931 UGC Regulation min Qualification July 2018.pdf. 6. Producing Ext.P9 list of Universities it is claimed that the University from which the petitioner acquired Ph.D is ranked 301 among the world Universities and therefore she is fully qualified in tune with Exts.P7 and P8 Regulations. 7. Along with reply affidavit petitioner has produced Ext.P10 agenda for the 125[th] meeting of the academic council of the University held on 10.07.2015 and it is stated that the Ph.D awarded by Friedrich Schiller University, Jena, Germany is recognised in the case of Dr.Joy M., Associate Professor and Head of the Department of Plant Pathology. Therefore it is stated that the respondent University is adopting a discriminatory attitude against the petitioners. Producing Ext.P11 **WP(C).Nos.5547 & 6620 of 2019** 8 Regulations issued by the UGC in 2016 i.e., UGC (Minimum Standards and Procedure for Award of M.Phil/PhD) Regulations, 2016 (hereinafter referred to as '2016 Ph.D regulations') which is issued in supersession of the UGC (Minimum Standards and Procedure for Award of PhD) Regulations, 2009 (hereinafter referred to as '2009 Ph. D Regulations') it is stated that the Ph.D awarded by them by the foreign university is sufficient for appointment as Assistant Professor and in the light of Regulation 12.2 therein, the University ought to have considered the equivalence of their Ph.D before stating that they are ineligible and denying them consideration. Relying on clause 12.2 of Ext.P11 Regulations, petitioners submit that the Ph.D from foreign university is liable to be recognised by the respondent University and their names are liable to be included in the rank list and are liable to be appointed based on that especially when it is recognised in the case of Dr.Joy in Ext P10. **WP(C).Nos.5547 & 6620 of 2019** 9 8. The respondents have filed a counter affidavit pointing out that the petitioners were not having the essential qualifications as prescribed in the notification or in the Regulation 3.3.1 of the 2010 regulations, as on the date of Ext.P4 [Ext.R4(a)] notification inviting applications viz. 03.03.2016. As per Regulation 3.3.1 of Ext.P2 Regulations 2010 pass in NET (National Eligibility Test) shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professors and Ph.D is a substitution only in cases where the Ph.D is acquired in accordance with Ext.R1(c) - Ph.D Regulations, 2009. Petitioner is relying on Ext.P7 UGC Regulations 2018, and Ext.P11 Ph.D Regulations 2016, which came into force only on 18.07.2018 and 05.05.2016 respectively. As on the date of the notification, regulations which were in force were Ext.P2 of 2010 and R1(c) of 2009. It is pointed out that there is no provision in the UGC Regulations, **WP(C).Nos.5547 & 6620 of 2019** 10 which provides that the Ph.D from foreign university is equivalent to NET or that the Ph.D acquired from the foreign university will be an alternate qualification in the place of NET. Relying on clause 4.4.1 of 2010 Regulations, it is stated that only those Ph.Ds awarded in accordance with the 2009 Ph.D Regulations are entitled to exemption from the mandatory minimum qualification of pass in NET. It is stated that the petitioner has not produced any material to show that she has acquired Ph.D in accordance with the Ph.D Regulations, 2009 and therefore she was not eligible to be considered in the selection. Producing Ext.R1(e) letter dated 30.08.2016 of the UGC, along with the counter affidavit, it is stated that the UGC has clarified that the appointment by direct recruitment of the teachers and other academic staff shall be governed by the UGC Regulations, 2010 as amended as on the date of issuance of the advertisement. 9. I heard Sri.P.V.Jayacandran, the learned **WP(C).Nos.5547 & 6620 of 2019** 11 counsel appearing for the petitioner, Sri.Ranjith Thampan, learned Senior Counsel assisted by Sri.Robson Paul, the learned Standing Counsel for the University and Sri.S.Krishnamoorthy the learned Standing Counsel for the UGC. 10. The relevant provisions in the UGC Regulations 2010, prescribing the qualifications for appointment to the post of Assistant Professors as follows: - “3.1.0 The direct recruitment to the post of Assistant Professors, Associate Professors and Professors in the Universities and Colleges shall be on the basis of merit through all India advertisement and selections by the duly constituted Selection Committee as per the provisions made under these Regulations to be incorporated under the Statutes/Ordinances of the concerned University. The composition of such committees should be as prescribed by the UGC in these Regulations. - 3.2.0 The minimum qualifications required for the post of Assistant Professors, Associate Professors, Professors, Principals, Assistant Directors of Physical Education and Sports, Deputy Directors of Physical Education and Sports, Directors of Physical Education and Sports, Assistant Librarians, Deputy Librarians, Librarians will be those as prescribed by the UGC in these Regulations. - 3.3.0 The minimum requirements of a good academic record, 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the master's level and qualifying in the National Eligibility Test (NET) or an accredited test (State Level Eligibility Test-SLET/SET), shall remain for the appointment of Assistant Professors. - 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, the candidates who are or have been **WP(C).Nos.5547 & 6620 of 2019** 12 awarded a Ph.D Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D Degree) Regulations, 2009 shall be exempted from the requirement of the minimum eligibility condition of NET/ SLET/SET for recruitment and appointment of Assistant Professors or equivalent positions in Universities/Colleges/Institutions. xxxxxxx” 4.4.0 Assistant Professor 4.4.1 Arts, Humanities, Sciences, Social Sciences, Commerce, Education, Languages, Law, Journalism and Mass Communication i. Good academic record as defined by the concerned University with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master's Degree level in a relevant subject from an Indian University or an equivalent Degree from an accredited foreign university. ii. Besides fulfilling the above qualifications, the candidates must have cleared the National Eligibility Test (NET) conducted by UGC, CSIR or similar test accredited by UGC like SLET/SET. iii. Notwithstanding anything contained in subclause (i) and (ii) to this clause 4.4.1, candidates who are or have been a Ph.D Degree Ph.D Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D Degree) Regulations, 2009 shall be exempted from the requirement of the minimum eligibility condition of NET/ SLET/SET for recruitment and appointment of Assistant Professors or equivalent positions in Universities/Colleges/Institutions. 11. Therefore as per Regulations 3.3.1 as well as 4.4.1 of Ext.P2 UGC Regulations 2010, pass in NET is an essential minimum qualification for appointment as Assistant Professor. Proviso to Regulation 3.3.1 as well as the non-obstante clause in Clause (iii) of Regulation 4.4.1 provides for exemption from pass in NET only to those candidates, **WP(C).Nos.5547 & 6620 of 2019** 13 who are awarded Ph.D in accordance with the 2009 regulations - Ext.R1(c). There is no regulation as on 03.03.2016 which makes Ph.D holders from foreign universities eligible for exemption from pass in NET. 12. Eventhough the learned counsel for the petitioner relied on the 2016 regulations and pointed out that petitioners acquired Ph.D Wuerzburg University, Germany, which is at Sl.no.301 coming under the top 500 Universities, no provision is available which makes it eligible for exemption from pass in NET. In this context it is relevant to examine Regulation 12 of the 2016 Ph.D Regulations, which read as follows: 12. Award of M.Phil/Ph.D Degrees prior to Notification of these Regulations, or degrees awarded by foreign Universities: 12.1 Award of degrees to candidates registered for the M.Phil/Ph.D programme on or after July 11, 2009 till the date of Notification of these Regulations shall be governed by the provisions of the UGC (Minimum Standards and Procedure for Awards of M.Phil/Ph.D Degree) Regulation, 2009. 12.2. If the M.Phil/Ph.D degree is awarded by a foreign university, the Indian Institution considering such a degree shall refer the issue to a Standing Committee constituted by the concerned institution for the purpose of determining the equivalence of the degree awarded by the foreign university. **WP(C).Nos.5547 & 6620 of 2019** 14 13. In view of Regulation 12.1 of the 2016 Ph.D Regulations, there cannot be any ambiguity on the applicability of the regulations, as it is made clear that 2009 Regulations are to be applied till the date of notification of 2016 regulations, which were notified and came into force only on 05.05.2016. Even after the issuance of Ext.P11 Ph.D regulation, 2016, the exemption is not extended to Ph.D holders of foreign university. Exemption is extended to Ph.D holders from foreign universities only in Ext.P7 - UGC Regulations 2018, which came into force only on 18.07.2018. Therefore the provisions contained in clause IB of Regulation 4.1 of Regulations 2018, which exempts the Ph.D holders who obtained Ph.D degree from foreign university or institution with a ranking among top 500 in world university ranking will not make the petitioner eligible for exemption, though from Ext.P9, the University from which she acquired Ph.D is seen to be ranked 301 among world universities. It is **WP(C).Nos.5547 & 6620 of 2019** 15 settled law that the qualification is to be determined as on the date specified in the notification inviting applications or if there is no such date the last date fixed in the notification [See _**Rekha Chathurvedi v. State of Rajasthan**_ [(1993) 3 SCC 168], _**State of Orissa v. Mamata Mohanty**_ [(2011) 3 SCC 436], _**Rakesh Kumar Sharma v. State (NCT of Delhi)**_ [(2013) 11 SCC 58)]. 14. According to UGC's letter Ext.R1(e) also, the qualification is to be determined with reference to the regulations which were in force as on the date of notification, which is 03.03.2016. As on 03.03.2016 or as on 31.03.2016, the last date fixed for receipt of application, there was no provision in the UGC regulations which exempted Ph.D holders from a foreign university from pass in NET which is the mandatory qualification. In the light of the judgment in _**P.Suseela v. University Grants Commission**_ [(2015) 8 SCC 129] also, the pass in NET is mandatory for appointment as Assistant Professor. **WP(C).Nos.5547 & 6620 of 2019** 16 15. The fact that the 2018 Regulations came into force before appointments are made will not make the petitioners eligible for consideration, when there is nothing in the notification which permits candidates like petitioners exempting from the qualification. A consideration of petitioners based on the regulations came into force in 2018, would be contrary to the notification and amount to a fraud on the public as held in _**Dist. Collector & Chairman, Vizianagaram Social Welfare Residential School Society v. M. Tripura Sundari Devi**_ [(1990) 3 SCC 655]. 16. Though the petitioner has relied on Ext.P10 Minutes of the respondent University, stating that Ph.D from the very same university is accepted in the case of another teacher of the University, it is seen that Ext.P10 only relates to recognition of the Ph.D from that university. It does not say that he was exempted from pass in NET based on that Ph.D. At the relevant time his designation is shown as Associate Professor. Even assuming that the **WP(C).Nos.5547 & 6620 of 2019** 17 exemption was granted based on that for appointment to the post of Assistant Professor, in the absence of any provision in the UGC regulations in force at the time of the notification Ext.P4, which makes the petitioners eligible by virtue of their acquisition of Ph.D awarded by foreign university, the decision of the University by itself would not make the petitioners eligible for consideration. Therefore I find that the petitioners in both these cases did not have the requisite qualification for consideration for appointment as Assistant Professors pursuant to Ext.P4 notification in accordance with the Regulations, which were in force at the relevant time and there is nothing wrong in their non-inclusion in the rank list. Hence no interference is warranted and petitioners do not deserve any relief. Accordingly, these writ petitions are dismissed. Sd/- **P.V.ASHA, JUDGE.** AS/ww **WP(C).Nos.5547 & 6620 of 2019** 18 ## **APPENDIX OF WP(C) 5547/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CERTIFICATE THE COMPLETION OF PHD STUDIES.** **EXHIBIT P2 TRUE COPY OF PHD CERTIFICATE ISSUED BY THE FRIEDRICH SCHILLAR UNIVERSITY GERMANY.** **EXHIBIT P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE 2010 UGC REGULATIONS.** **EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.GA/K1/34376/2012 DATED 3.3.2016. EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 28.3.2017. EXHIBIT P6 TRUE COPY OF THE ORDER NO.GA/K1/34376/2012 (AGRI. MICRO) DATED 19.2.2019. EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 18/07/2018 ISSUED 2018 UGC REGULATIONS.** - **EXHIBIT P8 TRUE COPY OF THE WRITTEN REPLY IN LOK SABHA QUESTION ON 06/08/2018.** - **EXHIBIT P9 TRUE COPY OF THE INFORMATION IN THE WEB SITE REGARDING WORLD UNIVERSITY RANKING OF THE UNIVERSITY OF FRIEDRICH SCHILLAR UNIVERSITY GERMANY.** - **EXHIBIT P10 TRUE COPY OF RELEVANT PAGES OF THE AGENDA OF THE ACADEMIC COUNCIL HELD ON 10-07-2015** **EXHIBIT P11 TRUE COPY OF THE UGC (MINIMUM STANDARDS AND PROCEDURES FOR AWARD OF M.PHIL/PHD) REGULATION 2016.** **WP(C).Nos.5547 & 6620 of 2019** 19 ## **RESPONDENTS' ANNEXURES:** **ANNEXURE R1 (A) TRUE COPY OF THE UNIVERSITY'S NOTIFICATION NO.GA/K1/34376/2012 DATED 03/03/2016.** **ANNEXURE R1 (B) TRUE COPY OF THE EXTRACT OF CLAUSE 3.3.0 AND 3.3.1 OF 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.** **ANNEXURE R1 (C) TRUE COPY OF THE UNIVERSITY GRANTS COMMISSION (MINIMUM STANDARDS AND PROCEDURE FOR AWARD OF PH.D DEGREE) REGULATIONS, 2009.** **ANNEXURE R1(D) TRUE COPY OF THE EXTRACT OF THE CLAUSE 4.4.1 OF THE UGC (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** **ANNEXURE R1(E) TRUE COPY OF UGC LETTER NO. D.O.NO. F.1-122/2016(VIP/PS) DATED 30-08-2016** **WP(C).Nos.5547 & 6620 of 2019** 20 ## **APPENDIX OF WP(C) 6620/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED 17.07.2012 ISSUED BY THE UNIVERSITY OF WUERZBURG GERMANY EXHIBIT P2 TRUE COPY OF THE PHD CERTIFICATE DATED 17.07.2012 ISSUED BY THE UNIVERSITY OF WUERZBURG GERMANY** **EXHIBIT P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE 2010 UGC REGULATIONS** **EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.GA/K1/34376/2012 DATED 03.03.2016 EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 11.06.2018 EXHIBIT P6 TRUE COPY OF THE ORDER NO.GA/K1/34376/2012 (BIOTECH) DATED 19.02.2019 EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 18.07.2018 ISSUED 2018 UGC REGULATIONS EXHIBIT P8 TRUE COPY OF THE WRITTEN REPLY TO LOK SABHA QUESTION ON 06.08.2018 EXHIBIT P9 TRUE COPY OF THE INFORMATION IN THE WEBSITE REGARDING WORLD UNIVERSITY RANKING THE UNIVERSITY OF WUERZBURG GERMANY RESPONDENTS' EXHIBITS:** **EXHIBIT R1(A) TRUE COPY OF THE UNIVERSITY GRANTS COMMISSION (MINIMUM STANDARDS AND PROCEDURE FOR AWARD OF PH.D DEGREE) REGULATIONS, 2009. EXHIBIT R1(B) TRUE COPY OF THE EXTRACT OF THE CLAUSE 4.4.1 OF THE UGC (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** **WP(C).Nos.5547 & 6620 of 2019** 21 **EXHIBIT R1(C) TRUE COPY OF THE EXTRACT OF CLAUSE 3.3.0 AND 3.3.1 OF 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.** **EXHIBIT R1(D) TRUE COPY OF THE INSTRUCTIONS TO CANDIDATE (TEST) EXHIBIT R1(E) TRUE COPY OF THE INSTRUCTIONS TO CANDIDATE (INTERVIEW) EXHIBIT R1(F) TRUE COPY OF UGC LETTER NO.D.O.NO. F.1122/2016(VIP/PS)DATED 30.08.2016.**