Case Note & Summary
The petitioners, five PhD holders in Pali and Buddhism, applied for the post of Lecturer in Pali and Buddhism at Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. They were interviewed by a duly constituted selection committee and were selected. However, the University refused to appoint them on the ground that they did not possess the NET/SET qualification as required by the University's advertisement. The petitioners challenged this refusal by filing a writ petition under Article 226 of the Constitution. The court examined the UGC Regulations, 2009, which govern minimum qualifications for appointment of teachers in universities. Regulation 4.4.0 of the UGC Regulations exempts candidates who have obtained a PhD degree from the requirement of NET/SET for recruitment as Assistant Professor. The court noted that the University's advertisement itself stated that the qualifications would be as per UGC norms. Since the petitioners were PhD holders, they were exempt from NET/SET under the UGC Regulations. The court held that the University's insistence on NET/SET was arbitrary and contrary to the UGC Regulations. The court also observed that the selection committee had found the petitioners suitable, and the University could not reject their candidature on a ground not supported by the governing regulations. The court allowed the writ petition and directed the University to appoint the petitioners as lecturers within a specified period.
Headnote
A) Service Law - Recruitment - Lecturer - Qualification - NET/SET Exemption - UGC Regulations, 2009 - The petitioners, PhD holders in Pali and Buddhism, were selected by the University's selection committee but denied appointment for lack of NET/SET. The court held that UGC Regulations exempt PhD holders from NET/SET for lecturer posts, and the University's contrary requirement was arbitrary and unsustainable. (Paras 1-10) B) Constitutional Law - Article 14 - Arbitrariness - Administrative Action - The University's decision to reject the petitioners' candidature despite their selection by the duly constituted selection committee was held to be arbitrary and violative of Article 14 of the Constitution of India. (Paras 8-10) C) Service Law - Legitimate Expectation - Selection by Committee - The petitioners had a legitimate expectation of appointment after being selected by the selection committee, and the University's refusal without valid reason defeated that expectation. (Paras 9-10)
Issue of Consideration
Whether the University's refusal to appoint the petitioners as lecturers in Pali and Buddhism, on the ground that they did not possess NET/SET qualification, was valid in light of UGC Regulations which exempt PhD holders from such requirement.
Final Decision
The court allowed the writ petition and directed the University to appoint the petitioners as lecturers in Pali and Buddhism within a specified period.
Law Points
- UGC Regulations
- 2009 exempt PhD holders from NET/SET for lecturer recruitment
- University cannot impose additional qualifications beyond UGC norms
- Arbitrariness in administrative decisions
- Legitimate expectation of candidates selected by interview panel
