Case Note & Summary
The writ petition under Article 226 of the Constitution of India was filed by three lecturers—Ram Phawade, Shivaji Shinde, and Shrimant Bhalke—against the State of Maharashtra, the Joint Director of Higher Education, Swami Ramanand Teerth Marathwada University, the management of Vivek Vardhini Mahavidyalaya, and the University Grants Commission. The petitioners sought quashing of the university’s communications dated 10/5/2010 and 30/09/2010 and a direction for grant of permanent approval to their services. They were appointed as lecturers in History, Marathi, and Sociology respectively at the respondent no.5 college in 2003-2004 through a duly constituted selection committee of the university, after initially being selected by the college management in 2001 and working on temporary basis. They possessed master’s degrees and had completed M.Phil in 2009 while in service. The university had granted them approval initially on clock-hour basis and later on contract basis for two-year periods, following a State Government policy introduced via circulars dated 31/5/2005 and 6/7/2007, which allowed such contractual appointments pending resolution of the NET/SET qualification requirement by the UGC. After the petitioners acquired M.Phil, the college forwarded a proposal on 27/1/2010 for permanent approval, but the university refused, stating that the M.Phil was obtained after the expiry of the contractual approval period. The petitioners contended that the refusal was illegal and contrary to the university’s own policy, the State policy, and UGC regulations, particularly the 3rd Amendment Regulations 2009 which exempt M.Phil/Ph.D holders from NET/SET for undergraduate teaching if completed by 11/07/2009. They argued that continuous service and acquisition of M.Phil while in service entitled them to permanent approval. They relied on a Division Bench order of the same court in Writ Petition No.6929/2009 dated 18/11/2009, which had held that lecturers who completed M.Phil by 11/07/2009 while in service were exempted from NET/SET and their services deserved protection. The court reserved judgment on 14th October 2015 and pronounced it on 29th October 2015; the text of the judgment provided, however, cuts off after recounting the petitioners’ submissions and does not include the final analysis or operative order.
Headnote
A) Service Law - Grant of Permanent Approval - Exemption from NET/SET - University Grants Commission (UGC) Regulations, 2006 and 2009, Maharashtra Government Circulars dated 31/5/2005 and 6/7/2007 - The dispute pertained to denial of permanent approval to lecturers appointed on contract basis due to lack of NET/SET qualification who later acquired M.Phil during continuous service. The university's impugned communications dated 10/5/2010 and 30/09/2010 refused approval on the ground that M.Phil was acquired after the contractual approval period. Petitioners relied on a Division Bench order in Writ Petition No.6929/2009 which held that lecturers completing M.Phil by 11/07/2009 while in service are exempted from NET/SET. (Paras 2-8)
Issue of Consideration
Whether the respondent university's refusal to grant permanent approval to the petitioners, who were appointed on contract basis and subsequently acquired M.Phil qualification, is justified, and whether they are entitled to permanent approval under UGC regulations and government policy
Law Points
- Lecturers appointed on contract basis who acquire M.Phil while in continuous service may be entitled to exemption from NET/SET under UGC Regulations
- University's refusal to grant permanent approval on ground that M.Phil was acquired after expiry of contractual approval period may be invalid
- Continuous service and acquisition of M.Phil before UGC cut-off date are relevant factors
Case Details
2015 LawText (BOM) (10) 57
Writ Petition No. 5336 of 2012
Mr. A.V. Patil h/f Mr. V.D. Gunale for petitioners, Mr. A.G. Magre for Respondent nos. 1 and 2, Mr. U.S. Malte for Respondent No.3, Mr. U.L. Manale for Respondent No.4, Mr. Alok Sharma for Respondent No.6
Ram S/o Raosaheb Phawade, Shivaji S/o Pundlikrao Shinde, Shrimant S/o Vaijnath Bhalke
The State of Maharashtra, The Joint Director of Higher Education Nanded Region, Swami Ramanand Teerth Marathwada University, Lok Jagruti Shikshan Sanstha Walandi, Vivek Vardhini Mahavidyalaya Deoni, University Grant Commission
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking directions to the University to grant permanent approval to the petitioners as lecturers and to quash the university's communications dated 10/5/2010 and 30/09/2010 denying such approval.
Remedy Sought
Petitioners sought quashing of impugned communications and a direction to respondent no.3 (University) to grant permanent approval to their services as lecturers, with necessary directions.
Filing Reason
The respondent university denied permanent approval to the petitioners, who were appointed as lecturers on contract basis, on the ground that they acquired M.Phil qualification after the expiry of the contractual approval period, contrary to UGC regulations and government policy.
Previous Decisions
No prior court orders mentioned; the petitioners relied on a Division Bench order in Writ Petition No.6929/2009 dated 18/11/2009 which granted interim relief and held that lecturers completing M.Phil by 11/07/2009 are exempted from NET/SET.
Issues
Whether the impugned communications dated 10/5/2010 and 30/09/2010 denying permanent approval are illegal and liable to be quashed
Whether the petitioners are entitled to permanent approval from the university upon acquiring M.Phil qualification while in continuous service, despite having been appointed on contract basis
Whether the University's refusal to grant permanent approval on the ground that M.Phil was acquired after the contractual period is valid under UGC regulations and Government policy
Submissions/Arguments
The impugned communications are illegal and against the university's own policy and the State Government's policy.
Since the petitioners were in continuous service and acquired M.Phil while in service, the university should not refuse permanent approval merely because they completed M.Phil after the contractual period.
UGC 3rd Amendment Regulations 2009 exempt M.Phil holders from NET/SET for teaching at undergraduate level if completed by 11/07/2009, which the petitioners satisfied.
The Division Bench of this Court in Writ Petition No.6929/2009 held that lecturers who completed M.Phil by 11/07/2009 while in service are exempted from NET/SET and must be protected.
Judgment Excerpts
The petitioners are possessing the qualification of master's degree in their respective subjects. The petitioners have also completed M.Phil. course in the year 2009. (Para 3)
the Division Bench of this Court... has been pleased to hold that, the lecturers who have completed M.Phil by 11/07/2009 or earlier, while in service are exempted from NET/SET for teaching at under graduation level. (Para 8)
Procedural History
The petitioners were appointed as lecturers on contract basis in respondent no.5 college since 2003-2004 and had been granted temporary/contractual approvals by the respondent university. After acquiring M.Phil in 2009, the college forwarded a proposal for permanent approval on 27/01/2010. The university, by communications dated 10/05/2010 and 30/09/2010, refused permanent approval. Aggrieved, petitioners filed the present writ petition.
Acts & Sections
- University Grants Commission (UGC) Regulations, 2006:
- University Grants Commission (3rd Amendment) Regulations, 2009:
- Maharashtra Government Circulars/Resolutions dated 31/5/2005 and 6/7/2007:
