Judgement of High Court of Sikkim On university grants commission - regulations

Ch Kamei *

A ray of justice is shone for end of justice in connection with the injustice, discrimination and confusion created by University Grants Commission-Regulations. Let me transact some authentic and practical legal knowledge and information through this write up to all concerned (M.Phil and Ph.D degree holders and Manipur State Public Service Commission plus Manipur University and UGC/Union of India) in regard to the confusion and discrimination created by the number of recruiting agencies particularly MPSC and Manipur University in the context of Manipur in connection with the recent advertisements to fill up some positions of Assistant Professors in Manipur Government colleges and Manipur University.

The said discrimination and injustice meted out to all the M.Phil and Ph.D degree holders who had already obtained their degrees before the birth of the UGC-Regulation, 2009 by totally blocking the way of the candidates by not making them eligible as for appointment to the post of Assistant Professor for M.Phil at UG level and Ph.D at both UG and PG level on the illogical and illegal ground that they were not obtained their degrees as per the UGC (minimum standards and procedures for Awards of M.Phil and Ph.D degree), Regulations, 2009.

Because, those M.Phil and Ph.D degree holders who had obtained their degrees and or those M.Phil and Ph.D scholars who registered themselves to undertake those courses before the birth of the UGC – Regulation, 2009 and subsequently awarded their degrees were governed by the UGC (2nd Amendment), Regulation, 2006.

The hard fact is that, the University Grant Commission (2nd Amendment), Regulation, 2006 exempted from NET/SLET/SET/ to all the candidates who had obtained their Ph.D Degrees both for UG and PG levels teaching. And also M.Phil degree holders were exempted the same for UG level teaching in the colleges under UGC-Regulation, 2006. This UGC (2nd Amendment), Regulation, 2006 read as: " NET shall remain compulsory requirement for appointment as Lectuer even for those with post graduate degree. However, the candidates having Ph.D Degree in the concerned subject are exempted from NET for PG and UG level teaching. The candidates having M.Phil Degree in the concerned subject are exempted from NET for UG teaching only".

Therefore, legally speaking as said above, those M.Phil and Ph.D scholars who had completed or registered themselves for those courses before the commencement/enforcement of the UGC (3rd Amendment), Regulation, 2009 and subsequently awarded were governed by the UGC (2nd Amendment), Regulation, 2006 and are legitimately eligible for the post of Assistant Professor.

As a result, no M.Phil and Ph.D degree holders who had obtained their degrees before the UGC (3rd Amendment), Regulation, 2009 be penalised for non-compliance of a non-existent regulation, 2009 as they were governed by the-UGC Regulation, 2006.

Therefore, in line with the above said legality Shri Dr. Sourav Kafley, S/o Shri Kamal Kafley, R/No. 5th Mile, Tadong, Housing colony, P.O. Tadong, Gangtok, East Sikkim filed a writ petition against i) Sikkim Public Service Commission and 2) State of Sikkim for rejecting his candidature by the SPSC to his application for the post Assistant Professor on the ground that his Ph.D degree was not awarded in compliance of the UGC (3rd Amendment), Regulation, 2009 for granting exemption, from the requirement of NET/SLET/SET.

The honourable High Court of Sikkim heard the case of Shri Sourav Kafley versus Sikkim Public Service Commission and the State of Sikkim. The court had made an order in favour of the petitioner. Accordingly, he was allowed to appear in the interview for the post of Assistant Professor. (Source: the High Court of Sikkim: Gangtok (Civil Extra Ordinary Jurisdiction) S.B. WP (C) No. 19 of 2013, date of judgement: 23-07-2014).

This information is a wake-up call for those M.Phil and Ph.D degree holders who fall under this category to come and defend themselves by taking the help of honourable High Court to make them eligible for the post of assistant professor and to get same allocation of marks with the Ph.D Degree holders obtained under the UGC (3rd Amendment) Regulation, 2009 by taking the reference of the aforesaid court's Order of the Sikkim. No room should be left for any Authority or Government to discriminate against any individual or group of scholars in a Country like India where there is rule of law.

Any Act / Regulation of any Commission in India or Government of India for that matter cannot be retrospective at any cost and under any circumstances. It is prospective in nature, not retrospective in nature so far as the law of the land is concerned. Therefore, candidates / scholars who had obtained or registered themselves for M.Phil and Ph.D courses before the UGC-regulation, 2009 was framed, were entitled to be exempted from the requirement of NET/SLET/ SET for the purpose of appointment as Lecturer/assistant professor. Because, this appear to be consistent with the UGC regulation of 2006 (second Amendment) by which the M.Phil and PhD degree holders were exempted from the requirement of NET/SLET/SET. Of course, M.phil degree holders were exempted from NET/SLET/SET for UG level teaching only.

Moreover, in case of Ph.D degree there is no division or grading system as such. Therefore, there is no 1st class or second class in awarding Ph.D degree in the guidelines of university Grants Commission. A Ph.D. Degree means a Ph.D degree for all the purposes in academic matter as that /those degrees were awarded under certain standards and criteria laid down by the Indian universities under University Grants Commission.

Hence, as per the above cited court order, no Authority / State/ Recruiting agency can differentiate the standard of Ph.D in all respects for every and any purpose in academic matters. Therefore, every Ph.D degree holder should be made eligible by granting exemption from NET/SLET/SET for appointment to the post of Assistant Professor. For that matter, as mentioned above Shri Sourav Kafley, the petitioner of the case against the Sikkim Public Service Commission and that State of Sikkim who registered for his Ph.D course in the academic session of 2007 – 2008 and subsequently awarded had been granting exemption from NET/SLET/SET for appointment to the post of Assistant Professor.

Based on the above said judgement of the honourable High Court of Sikkim, some criteria and standards laid down in the recent advertisement made by the Manipur State Public Service Commission in regard for appointment to the post of Assistant Professor in Manipur Government colleges have violated the legitimate right of many M.phil and Ph.D degree holders. Because, the MPSC undermined to one section of MPhil and Ph.D degree holders by not making them eligible for the post of Assistant Professor and also undermining them in term of allocation of marks by making of classification of Ph.D degrees into two categories. This very act is discriminatory and against the ruling of the honourable High Court of Sikkim of dated, 23-07-2014 in particular and the law of the land in general.

Apart from that, MPSC totally has failed to recognise the 2nd highest degree (M.phil) in the Country in matters of granting exemption from the requirement of NET/SLET/SET for under Graduate Level teaching and allocation of marks in its recent advertisement. Not only in case of Ph.D, those MPhil scholars who had registered themselves before the birth of the UGC-Regulation, 2009 and subsequently awarded their degrees must be exempted from clearing NET/SLET/SET for Under Graduate level teaching as they were governed by the UGC (2nd Amendment), 2006.

So now, it is a high time for the M.phil and Ph.D degree holders who were governed by the UGC-Regulation, 2006 to unite and fight for your legitimate right. In this regard Shri Sourav Kafley filed a writ petition to the honourable High Court of Sikkim for rejecting his candidature for the post of Assistant Professor by the Sikkim State Public Service Commission. The Court heard the case and issued order in favour of the petitioner to appear the interview as his Ph.D degree was governed by the aforesaid UGC(2nd Amendment), Regulation, 2006 which stands exempted from the requirement of NET/SLET/SET.

So now, I conclude with a challenge that the ball is in your own court, whether to score it or not, it depends on you!