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TMI Blog1996 (9) TMI 601X X X X Extracts X X X X X X X X Extracts X X X X ..... cted by Parliament to make provisions for the co-ordination and determination of standards in Universities. One of the functions entrusted to the UGC under the Act is to recommend to any University the measures necessary for the improvement of University education and advise the University upon the action to be taken for the purpose of implementing such recommendation (Section 12(d)). the UGC has been empowered to make regulations consistent with the Act and the rules made thereunder defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the University, having regard to the branch of education in which he is expected to give instruction,[Section 26 (1) (e)]. In exercise of the powers conferred by Section 26(1) (e), the UGC made the University Grants Commission (Qualifications Required of a person to be Appointed to the Teaching Staff of a University and Institutions Affiliated to it) Regulations, 1982 (here in after referred to as the 1982 Regulations,) whereby qualifications were prescribed for appointment to a teaching post in the University or in any of the institutions including constituent or affiliated colleges ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... result, local influence would be minimized and the eligibility zone for recruitment would become wider. The Mehrotra Committee recommended the following minimum qualifications for appointment to the post of lecturer :- (i) Qualifying at the National Test conducted for the purpose by the UGC or any other agency approved by the UGC. (ii) Master s degree with at least fifty-five per cent marks or its equivalent grade and good academic record. The minimum qualifications mentioned above should not be relaxed even for candidates possession M. Phil, ph. D qualification at the time of recruitment. After examining the various recommendations contained in the report of the Mehrotra Committee and the recommendations made by the UGC, the Government of India prepared a scheme for revision of pay scales of Teachers in the Universities and Colleges and other measures for maintenance of standards in higher education and, by letter dated June 17, 1987, the Government of India forwarded the said scheme to the Education Secretaries of all the states and Union Territories with a request to formulate detailed proposals for the implementation of the scheme on the lines indicated in the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the eligibility test for lecturers conducted by UGC. The requirement regarding clearing the eligibility test for appointment on the post of Lecturer as prescribed by the UGC under the 1991 Regulations came up for consideration before this Court in University of Delhi v. Raj Singh and Ors., 1994 Supp. 3 SCC 516. after taking note of the report of the National Commission on Teachers II, the Mehrotra Committee report and the recommendations of the Vice Chancellors conference held in 1989, the Court has observed :- It is very important to note that a duty is cast upon the Commission (the UGC) to take all such steps as it may think fit for the determination and maintenance of standards of teaching . These are very wide-ranging powers. Such Powers, in our who possess the educational qualifications required for holding the post of lecturer in Universities and colleges to appear for a written test, the passing of which would establish that they possess the minimal proficiency for holding such post. The need for such test is demonstrated by the reports of the commissions and committees of educationists referred to above which take note of the disparities in the standards of educa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date, i. e., December 31, 1992, has been fixed arbitrarily and that there is no rational basis in confining the exemption to candidates who had been awarded M.Phil degrees upto December 31, 1992 in an advertisement issued in January 1995 because as between December 31, 1992 to December 1994 many candidates might have obtained M. Phil degrees. The exemption for clearing the eligibility test under clauses (a) to (b) of paragraph 5 of the advertisement was based on the Circulars of the UGC dated February 10, 1993 and June 15, 1993 referred to earlier. It appears that the UGC did not appear in response to the notice issued by the High Court on the writ petition filed by respondents Nos. 1 and the State of Haryana and the Haryana Public Service Commission, who contested the said writ petition, could not offer any explanation for the said provision in the advertisement. In the absence of any explanation having been offered for fixing December 31, 1992 as the cut off date for grant of exemption to candidates having M.Phil degree, the High Court, by its judgment dated March 21, 1995, as the allowed the writ petition of respondents Nos. 1 and 2-on the view that cut off dates prescribed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al eligibility examination in terms of the regulations framed by the UGC could be considered by the Bihar State University Service Commission. A Review Petition was filed against the said judgment by the Bihar State University Service Commission and by order dated April 27, 1994 the High Court clarified that the Bihar State University Service Commission should consider the candidature of such persons who were eligible to be considered n terms of regulations framed by the UGC. Thereafter the Governor of Bihar promulgated Bihar State University (Third Amendment) Ordinance, 1994 on December 8, 1994 whereby provision was made regarding relaxation of the minimum qualification for appointment on the post of Lecturer in university constituent colleges and a candidate who has got a degree of Ph.D in the concerned subject and/or has got a degree of M. Phil before December 31, 1993 and/or has got a degree of M.Phil before December 31, 1992 has been made eligible for appointment as Lecturer without having passed the Bihar Eligibility Test or the Eligibility Test of Lecturers/Junior Research Fellow (JRF) conducted by the UGC/CSIR. Thereafter the Bihar State University Service Commission issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod 1995-1997 have also been accredited by the UGC with certain recommendations. Both these appeals raise questions regarding validity of the Circulars of the UGC dated February 10, 1993 and June 15, 1993 as well as the notification dated June 21, 1995 amending the 1991 Regulations. In Civil Appeal arising out of Special Leave Petition (C) No. 16220 of 1995 the question is whether the cut off dates fixed under the said Circulars and notification in respect of candidates who have obtained M.Phil degree or have submitted their Ph.D thesis were valid. In civil appeal arising out of special Leave Petition (C) No. 27375 of 1995 the question is whether the exemption under the said Circulars and notification is valid. This appeal also involves the question regarding validity of the two Ordinances that were promulgated by the Governor of Bihar on December 3, 1994 and the legislative enactments replacing the Ordinances. Shri Milon K. Banerjee, the learned senior counsel appearing for the UGC, has submitted the Circulars dated February 10, 1993 and June 15, 1993 were in the nature of transitional provisions which became necessary as a result of imposing the requirement regarding clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance in view of the notification dated June 21, 1995 whereby the 1991 Regulations have been amended and it has been prescribed that candidates who have submitted Ph.D thesis or passed the M.Phil examination by December 31, 1993 are exempted from eligibility test for Lecturers conducted by UGC/CSIR or similar test accredited by the UGC. The submission is that after the aforesaid amendment in the 1991 Regulations the only question that is left for consideration is whether the cut off dated (December 31, 1993) prescribed in the 1991 Regulation, as amended, can be held to be arbitrary. Shri Banerjee has urged that having regard to the tine that is normally taken by a candidate who had registered for the Ph.D degree or had joined M. Phil course prior to the naming of the 1991 Regulations, the fixation of December 31, 1993 as the cut of date cannot be held to be arbitrary or unreasonable. Shri Banerjee, in this context, has placed reliance on the decisions of this Court in Union of India Anr. v. M/s Parameshwaran Match works Ltd. 1975 (2) SCR 573; and Dr. (Mrs.) Sushma Sharma etc. etc. v. Stated of Rajasthan Ors. 1985 (3) SCR 243. We find considerable force in the aforesaid submis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the High Court that it would not be necessary to appear in the eligibility test for candidates who have applied or/are applying for the Lecturer s posts pursuant to the advertisement dated January 23, 1995 if they have obtained M.Phil degrees or submitted Ph.D thesis before December 31, 1994, i.e., prior to the date of the publication of advertisement dated January 23, 1995 and the further direction to the Haryana Public Service Commission and State of Haryana to ensure that as and when any such advertisement is issued, they would bear in mind that the eligibility dates be not far off from the date of advertisement. The exemption from the requirement regarding clearing the eligibility test has to be confined within the limits indicated in the amendment introduced in the 1991 Regulations by notification dated June 21, 1995. Respondents Nos. 1 and 2 who had moved the High Court by filing the writ petition obtained their M. Phil degrees prior to December 31, 1993. They would be entitled to exemption from clearing the eligibility test under the terms of the notification dated June 15, 1995. The decision of the High court, in so far as it relates to the said respondents, is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cember 31, 1993, has remained unchanged in the circulars dated February 10, 1993 and June 15, 1993 and the notification dated June 21, 1995. For M.Phil degree the date was, however, changed from March 31, 1991 to December 31, 1992 to December 31, 1993 by notification dated June 21, 1995. The amendment in the 1991 Regulations that has been made by the notification dated June 21, 1995, in substance, postpones the date of applicability of the requirement regarding clearing the eligibility test in the 1991 Regulations Will December 31, 1993 in respect of candidates who had joined the M.Phil course or registered for Ph.D degree. Such candidates constitute a distinct class who could be Treated separately in so far as the requirement of clearing the eligibility test has a rational basis which has a reasonable nexus with the object sought to be achieved by the 1991 Regulations. We are therefore, unable to hold that the exemption that has been granted by the amendment introduced in the 1991 Regulations by notification dated June 21, 1995 is violative of the right to equality guaranteed under Article 14 of the Constitution. Shri Sanyal has also raised the question regarding the validity o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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