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Supreme Court upholds UGC regulations of 2009/2010 on eligibility for teachers

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The Asian Age | | New Delhi |

The Supreme Court has upheld the regulations framed by the University Grants Commission prescribing minimum qualifications for national and state level entrance tests for appointment of teachers/assistant professor in colleges. A bench of Justices T.S. Thakur and Rohinton Nariman dismissed a batch of appeals filed by PH.D/M.Phil holders challenging the regulations as revised by the Union government but said they would only be prospective.

In these appeals the constitutional validity of the UGC regulations (minimum qualifications required for the appointment and career advancement of teachers in universities and institutions affiliated to it) (the third Amendment) Regulation 2009 under which NET/SLET was to be the minimum eligibility condition for recruitment and appointment of lecturers in universities/colleges/institutions. Though the UGC exempted Ph.D and M.Phil candidates from the eligibility test, the Union government issued a circular including them in the regulations. While the high courts of Madras, Delhi and Rajasthan rejected the challenge, the Allhabad high court quashed the regulations. The present appeals are directed against these orders. Writing the judgment Justice Nariman said, “It is clear that the object of the directions of the Central government read with the UGC regulations of 2009/2010 are to maintain excellence in standards of higher education. – Courtesy

NET, SET qualification is now mandatory: Supreme Court —->
Overruling the HRD ministry’s and UGC’s exemption, apex court now mandates clearing the entrance exam to be eligible for teaching at colleges and varsities
In what comes as a major jolt for MPhil and PhD degree holders and teachers in colleges or universities, who were appointed after the NET-SET exemption was made in 2010, the Supreme Court has not upheld the regulations made by the University Grants Commission (UGC), prescribing a minimum qualification of national (NET) and state-level (SET) entrance tests for the appointment of teachers and assistant professors. As per the sources from the board of colleges and university development (BCUD) of Savitribai Phule Pune University (SPPU), approximately 600- 800 individuals will be affected by this decision.

Following an HC order, the UGC had extended the exemption to MPhil holders (on or before July 10, 2009) and PhD holders (on or before December 2009). Many candidates, who had not cleared the SET or NET, had then joined institutions as teachers. However, dismissing a batch of appeals filed by those degree holders and challenging the regulations set by the ministry of human resource development, a bench of justices T S Thakur and Rohinton Nariman mandated that these individuals will now have to clear either exams. Talking to Mirror, Dr Wasudev Gade, vice-chancellor of SPPU, said it was indeed a huge policy decision and that it would be necessary to carry out an observation of its impact. He added, “It will be rather important to see what decision the government of Maharashtra takes, as far as the appointments in the state are concerned. Moreover, it would also be interesting to see how UGC reacts to the new mandate.” Ajay Darekar, president of Bharatiya Eligible Students and Teachers’ Association (BESTA), has been demanding that the exemption must not be extended to teachers.

Welcoming the SC move, he said the decision is sure to create a huge impact in the state. Arun Nigavekar, ex-chairperson of UGC, pointed out that while representation from the HRD ministry has always been mandatory at UGC meetings, no UGC decision can be made without a dialogue with the ministry. “MHRD is always involved in UGC decisions. However, this once, a unilateral decision may have been taken. The MHRD representative might not have been present. However, it’s only an assumption.”
►►► MHRD is always involved in UGC decisions. However, this once, a unilateral decision may have been taken – ARUN NIGAVEKAR, EX-CHAIRPERSON, UGC, Courtesy

UGC NET Must for Faculty Recruitment in Universities and colleges : Supreme court —> The New Indian Express – 19th March 2015 —Read More…

Supreme Court (SC) verdict on NET will improve faculty quality: Academics – The Times of India –

SC allows NET/SLET as eligibility for selection as Asst professors – Judgment will be implemented at earliest: Jammu and Kashmir Govt 27 March 2015 – Read More …

Supreme court judgment copy

Published on 20/08/2015  :UGC Letter reg.: Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education

Published on 23/09/2015, 23 September 2015 : UGC Letter reg.: Clarifications on UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and measures for the maintenance of standards in Higher Education, 2010


1 Comment

  1. nath k k says:

    As per Hon’ble Supreme court Judgment Dated 16/3/2015 which overruled the UGC Regulation 29 June 2010.
    As per the judgment NET/SET examination is mandatory essential qualification for appointment as Assistant Professor in Universities and affiliated colleges. UGC conducts NET/SET in subject of Management and as per the above judgment of the apex court – Assistant Professor position will have essential qualification as NET/SET for the subjects in which NET/SET is conducted.
    The NET/SET exam includes Management as one of the subjects s. From the above explanation it is clear that NET/SET qualify candidates should be selected as per the decision of Hon’ble court. Although there are thousands of candidates who possess NET/SET qualification in Management or related decipline like commerce and economics but the reality is far way from the rules laid down by the apex court.
    Today the Premier institutes are selecting and appointing the Non NET/SET qualify candidates in subject of management at the University Departments and violating Supreme court judgment Dated 15 march 2015.

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