1996 (9) TMI 601 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of UGC Circulars dated February 10, 1993, and June 15, 1993.
2. Validity of the notification dated June 21, 1995, amending the 1991 Regulations.
3. Validity of the cut-off dates fixed under the UGC Circulars and notification.
4. Validity of the two Ordinances promulgated by the Governor of Bihar and the legislative enactments replacing them.

Summary:

1. Validity of UGC Circulars dated February 10, 1993, and June 15, 1993:
The UGC issued Circulars dated February 10, 1993, and June 15, 1993, as transitional provisions due to the introduction of the eligibility test requirement for lecturers under the 1991 Regulations. These circulars granted exemptions to candidates who had already been awarded Ph.D. degrees, submitted their Ph.D. thesis by December 31, 1993, or obtained M.Phil degrees by December 31, 1992. The Court found these transitional provisions reasonable to mitigate hardship for candidates who had registered for Ph.D. or M.Phil degrees based on the 1982 Regulations.

2. Validity of the Notification dated June 21, 1995, amending the 1991 Regulations:
The notification dated June 21, 1995, amended the 1991 Regulations to exempt candidates who submitted their Ph.D. thesis or passed the M.Phil examination by December 31, 1993, from the eligibility test. The Court upheld this amendment, stating that it had a reasonable basis and was not arbitrary. It aimed to address the legitimate expectations of candidates who had registered for Ph.D. or M.Phil degrees before the 1991 Regulations.

3. Validity of the Cut-off Dates Fixed Under the UGC Circulars and Notification:
The Court held that the cut-off date of December 31, 1993, fixed by the UGC for exemption from the eligibility test, was not arbitrary or unreasonable. The date was chosen considering the time required to complete Ph.D. or M.Phil degrees for candidates who had registered before the 1991 Regulations. The Court emphasized that the validity of the cut-off date should be considered with reference to the issuance of the 1991 Regulations, not the date of the advertisement inviting applications for lecturer posts.

4. Validity of the Two Ordinances Promulgated by the Governor of Bihar and the Legislative Enactments Replacing Them:
The Court did not find it necessary to rule on the validity of the two Ordinances and the legislative enactments replacing them. The corrigendum issued by the Bihar State University Service Commission, which exempted candidates with M.Phil degrees by December 31, 1992, or Ph.D. thesis submitted by December 31, 1993, was in line with the UGC Circulars and was accredited by the UGC. The question of the validity of the Ordinances and enactments was left open.

Conclusion:
- Civil Appeal arising out of S.L.P. (C) No. 27375 of 1995 is dismissed.
- Civil Appeal arising out of S.L.P. (C) No. 16220 of 1995 is partly allowed, setting aside the direction of the High Court of Punjab and Haryana regarding the exemption from the eligibility test for candidates who obtained M.Phil degrees or submitted Ph.D. thesis before December 31, 1994. The exemption must conform to the requirements in the 1991 Regulations as amended by the notification dated June 21, 1995. The decision regarding respondents Nos. 1 and 2 is maintained. No orders as to costs.