UGC Regulations 2016 Exempting PhD Holders From NET To Apply Retrospectively: SC

In a respite to thousands of professors across the country, the Supreme Court on Wednesday clarified that clearing NET is not a prerequisite for academicians who have completed their PhD or registered for one before 2009 to become eligible for lectureship. 

The apex court upheld the amendment to UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2016 would be applied retrospectively.

What the regulations say

The UGCR 2000 regulations say that passing the National Eligibility Test is mandatory for being considered for appointment as a Lecturer. However, the said regulations notably carve out an exemption for candidates with an M.Phil or PhD thesis submission by 31.12.1993 from taking NET. The same exemption was carried out in subsequent amendments to the regulations till 2009.

The confusing amendment to the regulations in 2010

On 30.06.2010, the UGC amended the regulations (hereinafter, “2010 UGCR”). The relevant provision continued the NET exemption for candidates 5 Reg. 4, 

“NET/SLET/SET shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professors in Universities/Colleges/Institutions. Provided however, that candidates, who are or have been awarded as 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 Professor or equivalent positions in Universities/Colleges/Institutions.”

This led to an interpretation that candidates who had acquired their Ph.D. in terms of the 2009/10 UGCR were the only class of candidates who were exempt from having to qualify the NET. The anomaly in interpretation paved the way for clarificatory amendments in 2016 and 2018 to specify that both pre-2009 and post-2009 PhD holders would be exempted from qualifying NET.

UGC’s shield for pre-2009 candidates

Realising the anomaly, the UGC amended the regulations in 2016 and 2018 to make it clear that the pre-2009 candidates are eligible for exemption. For instance, the 2018 UGCR, published on 18.07.2018, bifurcated the pre-and post-2009 PhD holders into two groups, and allowed both exemptions from taking the NET, as follows: 

“The National Eligibility Test (NET) or an accredited test (State Level Eligibility Test SLET/SET) shall remain the minimum eligibility for appointment of Assistant Professor and equivalent positions wherever provided in these Regulations. Further, SLET/SET shall be valid as the minimum eligibility for direct recruitment to Universities/Colleges/Institutions in the respective state only: Provided that candidates who have been awarded a PhD. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulation, 2009, or the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil. / PhD Degree) Regulation,2016, and their subsequent amendments from time to time, as the case may be, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or any equivalent position in any University, College or Institution. 

Provided further that the award of degree to candidates registered for the M.Phil. / PhD programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances / Bye-laws / Regulations of the Institutions awarding the degree. All such PhD candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfilment of certain conditions."

Exemption To PhD Holders From NET To Apply Retrospectively

Deciding on the question of the prospective or retrospective nature of the amendment, the Supreme Court in its analysis made it clear that when an enactment or an amendment is clarificatory, such an amendment is usually meant to operate from an antecedent date. Relying on a number of judgements, the Court found logic in all the versions of the UGCR from 1993-2018 to exempt M. Phil. / PhD holders from qualifying in the NET. 

“It was perhaps premised on the understanding that such a doctorate in one’s chosen subject, involving years of study, would render a greater understanding of the subject compared to most other candidates taking the NET who have only obtained a Master’s degree. Such qualification (M. Phil. or Ph. D.) is undoubtedly awarded for the proven proficiency of the candidate in the concerned subject or discipline. This is apparent from the minimum qualification requirements of different positions as well”, it said. 

The court was not in favour of interpreting the 2018 UGCR prospectively A it would imply that a pre-2009 PhD holder’s appointment would be rendered illegal, and after having taught for several years, he/she would lose their seniority and all accrued benefits and would now have to take the NET in order to teach – which is clearly unwarranted.