Appointment of lecturers, candidates with Distance M. Phil before 2009 are eligible, MP State appeal dismissed by Supreme Court

January 25, 2018

The Supreme Court has dismissed the appeal filed against Judgment of High Court of Madhya Pradesh confirming eligibility for lecturer ship to the candidates passed M.Phil before 2009, including through distance education.

A Bench of Judges, Justice A. K. Sikri and Justice Ashok Bhushan have disposed of the appeal the State of Madhya Pradesh & Ors v. Manoj Sharma & Ors, Civil Appeal No. 871 of 2018 and State of Madhya Pradesh & Ors v. Alok Tripathi & Ors and directed to consider the eligibility of the Writ petitioner taking also into consideration the Regulation 2009 of UGC (Minimum Qualifications for Appointment).

The writ petitioners had passed M.Phil from different universities under distance education (between the year 2007 to 2009) before 11.07.2009. Writ petitioners were
engaged as guest lecturers in different Government/Semi Government Colleges since before the year 2009. Higher Education Department of the Government of Madhya Pradesh issued an order dated 22.02.2012 on the subject "Arrangement of Guest Lecturers in Government Colleges for the remaining period of Academic Session 2011-12 and upcoming sessions".

The Government order provided for criteria for selection under which various marks were allocated for Ph.D and NET/SET, M.Phil. and NET/SET. Regional Additional Director, Higher Education, Gwalior Madhya Pradesh issued an advertisement dated 21.04.2012 inviting application for the post of Guest Lecturer in different subjects. Writ Petitioners had applied for different posts of Guest Lecturers through online mode. Their applications were not accepted. On inquiry, they came to know that those candidates who had obtained M.Phil degree through distance education programme are not qualified.

The learned Single Judge on 29.08.2012, holding that those candidates who have cleared M.Phil. qualification before the Regulations 2009, namely, University Grants Commission(Minimum Standards and Procedure for the award of M.Phil./Ph.D Degree) Regulations, 2009 (hereinafter shall be referred to as "Regulations 2009 of UGC (Minimum Standards and Procedure") are eligible and their result be declared.

Learned Single Judge and Division Bench took the view that according to Regulations 2009 of UGC on Minimum Standards and Procedure, it was only with effect from 11.7.2009 that any university, institution or deemed university were prohibited from conducting M.Phil./Ph.D. through distance education mode hence, degree obtained prior to enforcement of said egulation are not washed out. The High Court as held that Regulations 2009 of UGC (Minimum Standards and Procedure) are prospective in nature and shall not operate retrospectively. Learned Single Judge took the view that Regulations 2009 of UGC (Minimum Standards and Procedure) being not retrospective shall not wipe out the M.Phil. qualification already acquired by the writ petitioners prior to above said regulation.

It is clear that regulations are prospective in nature and may not affect the qualifications granted by an university or institution prior to the enforcement of the regulation. The court said that "We thus do not find any error in the judgment of the High Court of Madhya Pradesh. Learned Single Judge had thus rightly directed the respondent to consider the case of the writ petitioners on the basis of M.Phil. degree and declare the result alongwith other candidates."

The court disposed of the appeals with by saying that "We are thus of the view that judgment of the High Court needs no interference in this appeal, however, the appeals are to be disposed off with the direction to consider the eligibility of the writ petitioner taking also into consideration the Regulations 2009 of UGC Minimum Qualifications for Appointment)."

Read the Judgment of Supreme Court of India in State of Madhya Pradesh & Ors v. Manoj Sharma & Ors and Madhya Pradesh & Ors v. Alok Tripathi & Ors dated 25.1.2018