Himachal Pradesh High Court
Anubhav Thakur vs Cskhpkv & Ors on 20 November, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
( 2025:HHC:39215 )
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 14366/2025
Decided on: 20.11.2025
.
Anubhav Thakur ...Petitioner
Versus
CSKHPKV & Ors. ....Respondents.
...........................................................................................
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? 1 Yes.
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For the petitioner: Mr. Aman Thakur and Mr. Aman
Hansretta, Advocates.
For the respondents: Mr. Janesh Mahajan, Advocate for
rt respondent No.1.
Mr. Prashant Sharma, Advocate for
respondent No.2.
Ms. Anjali Soni Verma, Advocate
for respondent No.3.
Jyotsna Rewal Dua, J
Issue involved in this writ petition is whether the condition of qualifying National Eligibility Test (NET) imposed by the respondent-University for direct recruitment to the post of Scientist/equivalent in the discipline of Seed Science and Technology would be applicable to candidates with Ph.D Degree.
According to the petitioner, this condition cannot be imposed upon him being a Ph.D degree holder in view of applicable 1 Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 05/12/2025 22:39:53 :::CIS 2 ( 2025:HHC:39215 ) regulations/guidelines/circulars/notifications issued by the University Grants Commission (UGC) and Indian Council of Agricultural Research (ICAR). The UGC and ICAR have also supported the .
cause of the petitioner. Respondent-University, however, insists upon condition of qualifying NET for becoming eligible to participate in the selection process even for Ph.D. degree holders, hence the writ petition.
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2. The case 2(i) Respondent No.1-State University issued an rt advertisement on 10.07.2025 inviting applications for several posts of Scientist/Assistant Professor or equivalent in various disciplines including the post of Scientist/equivalent in the discipline of Seed Science and Technology at Serial No.2 of the advertisement. The qualification prescribed for the said posts required qualifying NET from UGC/CISR and ICAR or similar test accredited by UGC in the concerned discipline. The condition of qualifying NET was made compulsory for candidates having Master's Degree. This condition, however, was specifically termed not essential for the candidates registered for Ph.D prior to 11.07.2009, subject to satisfaction of certain parameters. Being relevant, the clause pertaining to qualification is extracted hereinafter: -
"QUALIFICATIONS:-
Posts at Sr. No. 1 to 15 (Agriculture Faculty) ::: Downloaded on - 05/12/2025 22:39:53 :::CIS 3 ( 2025:HHC:39215 ) M.Sc./M.Tech/MBA having qualified NET from UGC/ CSIR, ICAR or similar test accredited by UGC in the concerned discipline. Note:- For the candidates having Master's degree, NET shall remain compulsory along with one publication in NAAS (National .
Academy of Agricultural Sciences, New Delhi) rated refereed journal for recruitment to the post of Assistant Professor and equivalent in the disciplines in which NET is conducted. Provided that NET essentiality for recruitment to the post of Assistant Professor and equivalent in the disciplines in which NET is conducted, for the candidates registered for Ph.D prior to July 11, 2009 shall be exempted subject to the of conditions that:
a) Ph. D degree of the candidate awarded in regular mode only;
rt
b) Evaluation of the Ph. D thesis by at least two external examiners; c) Open Ph. D viva-voce of the candidate had been conducted;
d) Candidate has published two research papers from his/her Ph.D. work out of which at least one must be in refereed Journal;
e) Candidate has made at least two presentations in conference/seminars, based on his/her Ph. D. work.
a) to e) as above are to be certified by the Vice-
Chancellor/concerned Deans."
2(ii) Petitioner is a Ph.D degree holder. He completed his Ph.D degree as per UGC (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations 2016. Petitioner obtained Master's Degree in Seed Science and Technology from respondent No.1-University on 22.12.2020 with 70% marks. Ph.D. degree was awarded to him on 08.05.2025 with 78.5% marks. Being interested in the post of Scientist/equivalent in the discipline of Seed Science ::: Downloaded on - 05/12/2025 22:39:53 :::CIS 4 ( 2025:HHC:39215 ) and Technology, advertised by respondent No.1-University on 10.07.2025, the petitioner applied for the post. Petitioner, however, has not qualified NET. The respondent-University did not consider .
petitioner's candidature for the post in question as valid. The advertisement dated 10.07.2025 is though categorical with regard to the requirement of qualifying NET for candidates possessing Master's Degrees and its exemption for those who had registered of for Ph.D. prior to 11.07.2009, however, since the advertisement contains no stipulation concerning candidates who obtained their rt Ph.D. degree thereafter, the petitioner, apprehending rejection of his candidature on the ground of having not qualified NET, has preferred the present writ petition seeking following substantive reliefs.: -
"(a) That this Hon'ble Court may be pleased to direct the respondent University to withdraw the Impugned advertisement dated 10th July 2025 and issue a fresh advertisement strictly in accordance with UGC Regulations.
(b) That the impugned advertisement dated 10.07.2025 (Annexure P-4) issued by the Respondent University insofar as it fails to provide exemption from the requirement of NET/SLET/SET to candidates who have been awarded Ph.D. degrees in accordance with the UGC (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009 or 2016 and their subsequent amendments may kindly be quashed and set aside for being arbitrary, discriminatory and contrary to the binding UGC Regulations, 2018."::: Downloaded on - 05/12/2025 22:39:53 :::CIS 5
( 2025:HHC:39215 )
3. I have heard learned counsel for the parties and considered the case file.
In order to maintain brevity, the submissions made by .
learned counsel for the parties and discussion thereupon are being enumerated hereinafter: -
4. Consideration 4(i) Perusal of the advertisement dated 10.07.2025, more of particularly the qualification mentioned therein, as required by respondent No.1-University for the post in question makes it evident that: -
rt Condition of qualifying NET from UGC/CISR and ICAR or similar test accredited by UGC in the concerned discipline has been made a compulsory requirement for the candidates having Master's Degree.
The candidates registered for Ph.D. prior to 11.07.2009 have also been exempted from NET essentiality subject to the conditions mentioned therein.
Advertisement is indeed silent about NET essentiality or otherwise for candidates, who obtained Ph.D. degree after 11.07.2009. The grievance of the petitioner about un-certainty in the advertisement concerning NET essentiality for those who got Ph.D. ::: Downloaded on - 05/12/2025 22:39:53 :::CIS 6 ( 2025:HHC:39215 ) degree after 11.07.2009 and its possible implication upon his candidature having obtained Ph.D. degree on 08.05.2025, therefore, is genuine. Petitioner's apprehensions of rejection of his .
candidature have been vindicated by the stand taken by respondent No.1 to this writ petition.
4 (ii) Respondent-University has placed on record two sets of office instructions dated 12.09.2025 and 18.09.2025, which as of per the statement made by its learned counsel were treated as its stand/reply to the writ petition. In terms of these office instructions, rt according to respondent-University, the qualifications prescribed in the advertisement dated 10.07.2025 are in accordance with the CSKHPKV Statute, 1988 as amended vide notification dated 28.11.2017. As per the amended provisions, the requirement of NET for recruitment to the post of Assistant Professor and equivalent posts in the disciplines in which NET is conducted, shall be exempted only for candidates who had registered for Ph.D. prior to 11.07.2009, subject to fulfillment of certain other conditions stipulated therein. The Agricultural Universities throughout the country follow the guidelines issued by ICAR for recruitment to the post of Assistant Professor. Agricultural Universities are not bound to follow the UGC regulations on minimum qualifications for appointment of teachers and other academic staff in universities and colleges, which have been notified under the UGC (Minimum ::: Downloaded on - 05/12/2025 22:39:53 :::CIS 7 ( 2025:HHC:39215 ) Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations 2009 .
as published in the Gazette on 18.09.2010. It is only the norms and regulations of the Indian Council of Agricultural Research that are to be applied. It is the ICAR, which is the apex body in the field of agricultural research and education. The UGC Regulations dated of 18.07.2018 [Regulation 1.1(i)] envisage that they will prevail where no such norms and standards have been laid down by any rt regulatory authority, till such time as any norms or standards are prescribed by the appropriate regulatory authority. Since the respondent-University has already laid down its norms and standards in its statute as per ICAR guidelines, therefore UGC Regulation 2018, will not be implemented by the University. The qualifications mentioned in the respondent-University statute are as per letters dated 26.12.2011 and 09.03.2017 issued by the ICAR.
As per letter dated 26.12.2011, NET essentiality can be waived off for the candidates holding Ph.D. degree provided it has been done with the course work as prescribed by UGC Regulations 2009 and the candidates has at-least two full-length publications having a NAAS rating not less than 4 on the last date of submission of application.
::: Downloaded on - 05/12/2025 22:39:53 :::CIS 8( 2025:HHC:39215 ) The gist of the stand of the respondent-University is that it is not bound by the UGC Regulations. It is bound by the directions/circulars issued by the ICAR. The ICAR has not .
mandated waiving the condition of NET for candidates holding Ph.D. degree. The University has framed its own Statute, and the qualifications mentioned in the Statute are as per ICAR letters dated 26.12.2011 and 09.03.2017. The same qualifications figure of in the impugned advertisement.
4(iii) Before adverting to stand of ICAR and UGC, it would be rt appropriate at this stage to refer to the applicable regulations/notifications/circulars/clarifications on the subject issued by the UGC/ICAR from time to time.
a) The UGC notified (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations 2010 prescribing NET as minimum eligibility for the post of Assistant Professor while exempting Ph.D degree holders, whose degrees were awarded as per UGC Regulations 2009.
b) On 26.12.2011, ICAR issued a letter to all State Agricultural Universities including the respondent No.1-University, directing as under: -::: Downloaded on - 05/12/2025 22:39:53 :::CIS 9
( 2025:HHC:39215 ) "For the candidates having Master's degree, NET shall remain compulsory along with one publication in NAAS (National Academy of Agricultural Sciences, New Delhi) rated refereed journal for recruitment to the post of Assistant Professor and .
equivalent in the disciplines in which NET is conducted.
Essentiality of NET can be waived off for the candidates holding Ph.D. degree provided it has been done with course work prescribed by the UGC Regulations, 2009, and the candidate has at least two full-length publications having a NAAS rating not less than 4 on the last date of submission of application. Those candidates with Ph.D. degree without course work will not qualify of for NET exemption. Further, this will be implemented with prospective date i.e., January 2012. It is also decided that those universities which fail to implement NET essentiality as per above rt provision will not get - development grants from ICAR."
In the above letter, ICAR clarified that the requirement of NET could be waived for candidates holding Ph.D. degree, provided the degree was obtained with course work as prescribed under the UGC Regulations, 2009. The letter did not specifically draw any distinction regarding the necessity of NET for candidates who obtained their Ph.D. degrees prior to or after 11.07.2009.
Interestingly, respondent No.1-University itself relied on this very letter in its instructions to contend that NET was an essential qualification for the post even for Ph.D. degree-holders.
c) On 04.05.2016, the UGC through its Regulations 2016 reiterated continuation of exemption from requirement of NET for candidates possessing Ph.D degree awarded in accordance with ::: Downloaded on - 05/12/2025 22:39:53 :::CIS 10 ( 2025:HHC:39215 ) UGC Regulations 2009 or 2016. The UGC also clarified that the candidates, who had registered for Ph.D. degree prior to 11.07.2009 would also stand exempted from NET qualification.
.
On 11.07.2016, UGC amended some of its existing provisions in the Minimum Qualification Regulations. The amendment clarified that the candidates registered for Ph.D programme prior to 11.07.2009 would be governed by the then of existing institutional regulations and would remain exempt from requirement of NET on fulfillment of certain other parameters.
d) rt On 09.03.2017, ICAR issued a circular to all agricultural universities including the respondent No.1-university for extending NET exemption to Ph.D holders registered prior to 2009.
e) The UGC Regulations 2018 were notified on 18.07.2018. These regulations superseded all previous UGC Regulations. Clause 4 thereof pertained to direct recruitment.
Clause 4.1 was applicable to several disciplines including field of 'Sciences'. For the post of Assistant Professor, Clause 4.1 providing following eligibility (relevant extract): -
"4.0 Direct Recruitment 4.1 For the Disciplines of Arts, Commerce, Humanities, Education, Law, Social Sciences, Sciences, Languages, Library Science, Physical Education, and Journalism & Mass Communication.
I. Assistant Professor:
Eligibility (A or B) :::: Downloaded on - 05/12/2025 22:39:53 :::CIS 11
( 2025:HHC:39215 ) A.
i) A Master's degree with 55% marks (or an equivalent grade in a point-scale wherever the grading system is followed) in a concerned/relevant/allied subject from an Indian University, or an equivalent degree from an accredited foreign university.
.
ii) Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET/SET or who are or have been awarded a Ph. D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time as the case may be exempted from NET/SLET/SET :
Provided, the candidates registered for the Ph.D. of programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances/Bye-laws/Regulations of the Institution awarding the degree and such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent rt positions in Universities/Colleges/Institutions subject to the fulfillment of the following conditions :-
a) The Ph.D. degree of the candidate has been awarded in a regular mode;
b) The Ph.D. thesis has been evaluated by at least two external examiners;
c) An open Ph.D. viva voce of the candidate has been conducted;
d) The Candidate has published two research papers from his/her Ph.D. work, out of which at least one is in a refereed journal;
e) The candidate has presented at least two papers based on his/her Ph.D work in conferences/seminars sponsored/funded/supported by the UGC / ICSSR/ CSIR or any similar agency.
The fulfilment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned.
Note: NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted by the UGC, CSIR or similar test accredited by the UGC, like SLET/SET."
The above clause provided exemption from requirement of NET for candidates possessing Ph.D. degrees awarded in accordance with UGC Minimum Regulations 2009 and 2016.
::: Downloaded on - 05/12/2025 22:39:53 :::CIS 12( 2025:HHC:39215 )
f) The ICAR issued corresponding circular on 11.11.2020 adopting UGC Regulations 2018 for implementation w.e.f.
01.07.2021.
.
g) On 30.06.2023, UGC further amended its 2018 Regulations inter-alia deleting Clause 3.10 from UGC Regulations 2018 as under: -
"UNIVERSITY GRANTS COMMISSION of NOTIFICATION New Delhi, the 30th June, 2023 No. F. 9-1/2010(PS/MISC)Pt. Vol. II.--In exercise of the powers conferred under clause (e) and (g) of subsection (1) of section 26 read rt with section 14 of the University Grants Commission Act, 1956 (3 of 1956), the University Grants Commission hereby makes the following amendment in the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018, namely:-
1. Short title and commencement.-(1) These regulations may be called the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) (2nd Amendment) Regulations, 2023.
(2) They shall come into force with effect from 1st July, 2023.
2. In the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018, in regulation 3, for sub-regulation 3.10, the following sub- regulation shall be substituted, namely:-
::: Downloaded on - 05/12/2025 22:39:53 :::CIS 13( 2025:HHC:39215 )
3.10 ''NET/SET/SLET shall be the minimum criteria for the direct recruitment to the post of Assistant Professor for all Higher Education Institutions."
As a consequence, in regulation 3, for sub-regulation 3.10, of the .
University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) (1st Amendment) Regulations, 2021 stands deleted."
Clause 3.10 deleted from 2021 notification reads as of under: -
rt "UNIVERSITY GRANTS COMMISSION
NOTIFICATION
New Delhi, the 11th October, 2021
No. E.9-1/2010(PS/AMISCOPI VOLL In exercise of the powers conferred under clause (c) and (g) of sub-section (1) of section 26 read with section 14 of the University Grants Commission Act. 1956 (3 of 1956), the University Grants Commission hereby makes the following amendment in the University Grants Commission (Minimum Qualifications for Appointment of Teachers and Standards in Higher Education) Regulations, 2018, namely: other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education)Regulations, 2018, namely: -
1. Short title and commencement- (1) These regulations may be called the University Academic Staff in Universities and Colleges and other Measures for the Maintenance of Grants other Standards in Higher Education) Amendment Regulations, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018, in regulation 3.
::: Downloaded on - 05/12/2025 22:39:53 :::CIS 14( 2025:HHC:39215 ) for sub-regulation 3.10, the following sub-regulation shall be substituted, namely:-
3.10 "The Ph.D. Degree shall be a mandatory qualification for direct recruitment to the post of Assistant Professor in .
Departments of the Universities with effect from 01.07.2023"
Prof. RAJNISH JAIN, Secy.
[ADVT.-III/4/Exty/320/2021-22]"
h) The above was followed by a public notice from UGC on 06.07.2023 to the effect that NET/SLET/SET is the minimum of requirement for direct recruitment to the post of Assistant Professor for those, who do not have the Ph.D Degree, but holders of Ph.D rt degrees awarded as per UGC Regulations and their amendments are exempted from NET/SLET/SET and are thus eligible for direct recruitment to the post of Assistant Professor. The said public notice reads as under: -
"No.F.9-42/2023(PS/Misc.) 6 July 2023
PUBLIC NOTICE
Subject: Clarification on UGC Regulations on Minimum
Qualifications and for appointment of teachers and other academic staff in universities and colleges and measures for the maintenance of standards in higher education, 2018 and 1st & 2nd Amendments.
UGC Regulations 2018 prescribe, among other things, minimum qualifications for the appointment of Assistant Professors in Universitics and Colleges. The minimum qualification set by the Regulations for Assistant Professors is NET/SET/SLET. However, clause 3.10 of UGC Regulations 2018 also says that Ph.D. Degree shall be a mandatory qualification for direct recruitment to the post of Assistant Professor in Universities effective 01.07.2021. The applicability of this condition was extended till 1st July 2023 through an amendment notified on 12th October 2021.
::: Downloaded on - 05/12/2025 22:39:53 :::CIS 15( 2025:HHC:39215 ) Further, on 1st July 2023, this clause was amended again (2nd amendment), prescribing NET/SET/SLET as the minimum eligibility criteria for the direct recruitment of Assistant Professors.
Clause 3.10 is a general condition. In the discipline-wise eligibility criteria given under clause nos. 4.0, 4.2, 4.3, in the UGC .
Regulations 2018, it is mentioned that for Master's degree holders, NET/SLET/SET is the minimum eligibility criteria, and Ph.D. degree holders are exempted from NET/SLET/SET. To make this point clear, the eligibility criteria prescribed for the disciplines of Arts, Commerce, Humanities, Education, Law, Social Sciences, Sciences, Languages, Library Science, Physical Education, and Journalism & Mass Communication as given under clause 4.1 in the UGC Regulations 2018, are reproduced below:
of A Master's degree with 55% marks (or an equivalent grade on a point scale wherever the grading system is followed) in a concerned/relevant/allied subject from an Indian University or an equivalent degree from an accredited foreign university. ii) Besides fulfilling the above qualifications, the candidate must rt have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET/SET, or who are or have been awarded a Ph. D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time as the case may be exempted from NET/SLET/SET. It is clear from the above that UGC has amended the general condition clause no. 3.10, which stipulates Ph.D. as a mandatory requirement from 1st July 2023. The detailed eligibility criteria given under various disciplines are not amended, and it is mentioned clearly that NET/SLET/SET is the minimum requirement for the direct recruitment of an Assistant Professor for those who do not have a Ph.D. degree.
But holders of Ph.D. degrees awarded as per UGC Regulations and its amendments are exempted from NET/SLET/SET and thereby eligible for direct recruitment to the post of Assistant Professor.
(Manish Joshi)"
4(iv) Against the above background, the stand of ICAR and UGC may now be noticed as under:::: Downloaded on - 05/12/2025 22:39:53 :::CIS 16
( 2025:HHC:39215 ) 4(iv)(a) The UGC has pleaded that its Regulations and subsequent amendments are framed after detailed deliberations by Expert Committees. These Regulations are mandatory in nature .
and cannot be overlooked at any stage. All universities/institutions/colleges have been advised to strictly comply with the same. The relevant portion of the counter affidavit/reply filed by the UGC is reproduced hereinbelow: -
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"4. That, in this regard UGC/Respondent No.2 states that the post of Scientist does not come under the purview of the UGC Regulations. However, UGC provides for clause no. 4.1(I), which rt stipulates the criteria for short-listing of candidates for interview for the Post of Assistant Professors in Universities which is provided under UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education.....
5. It is further submitted that submitted that UGC Regulations and its amendments issued by the UGC from time to time are framed after detailed deliberations by the Expert Committee and are mandatory in nature and cannot be overlooked at any stage and all the Universities/Institutions/College have been advised to strictly comply with them."
4(iv)(b) The pleaded stand of ICAR is that it in its capacity as a coordinating body does not formulate independent and separate regulations with respect to minimum qualifications for appointment of teachers and academic staff in the State Agricultural Universities.
Instead, it adopts and endorses the regulations and guidelines ::: Downloaded on - 05/12/2025 22:39:53 :::CIS 17 ( 2025:HHC:39215 ) framed by the UGC, which is a statutory body responsible for the maintenance of standards and higher education in India. ICAR is very categorical in its stand to assert that the qualifications .
prescribed by respondent No.1-University in its advertisement must be in conformity with the national standards laid down by the UGC and endorsed by ICAR to ensure uniformity, equality, and fairness in the recruitment process across all agricultural universities in the of country. It has further been submitted that ICAR has already informed respondent No.1-University regarding exemption from rt qualifying NET for candidates who have obtained Ph.D. degree after 11.07.2009.
Regarding respondent No.1-University's reliance upon ICAR letter dated 26.12.2021, ICAR has clarified that under the said letter, NET was to remain a compulsory criterion for candidates possessing Master's Degrees. The requirement of NET would be waived for candidates holding Ph.D. Degrees, provided the Ph.D. was completed with course work & fulfillment of other parameters as prescribed under the UGC Regulations, 2009, and the candidates had at least two full-length publications with a NAAS rating of not less than 4 as on the last date of submission of applications. Only those candidates with Ph.D. Degrees who did not have course work to their credit were not to qualify for NET exemption. In view of the stand taken by ICAR regarding its circular ::: Downloaded on - 05/12/2025 22:39:53 :::CIS 18 ( 2025:HHC:39215 ) dated 26.12.2011, the reliance placed by the respondent-University upon the aforesaid letter for amending its statute stands discredited.
ICAR has unambiguously pleaded that all candidates registered for .
Ph.D. prior to 11.07.2009, as well as candidates possessing Ph.D. degrees on the cutoff date specified by the respondent-University in the advertisement in question, should be eligible to apply for the pos even in absence of NET qualification provided they fulfill other of terms and conditions. Relevant portion from the reply is extracted hereinafter: -
rt "8. That in the reply to paragraph 5, it is respectfully submitted that, ICAR has no role whatsoever in the recruitment process.
However, ICAR does not have any specialized criteria but follows UGC guidelines on minimum qualifications of teachers & Other staff, issued under the Gazette Notification dated 18.07.2018 & endorsed by ICAR vide Office Memorandum dated 11.11.2020.
Hence, the averments made therein are not attributable to ICAR and are therefore specifically denied.
10. That in reply of paragraph 7, it is submitted that the ICAR as clarified vide letter no. 23(46)/2010-EQAR(edu) dated 26.12.2011 regarding the candidates having Master's degree, NET shall remain compulsory along with one publication in National Academy of Agricultural Sciences (NAAS), New Delhi rated refereed journal for recruitment to the post of Assistant Professor and equivalent in the disciplines in which NET is conducted. Essentiality of NET can be waived off for the candidates holding Ph.D. provided it has been done with course work as prescribed by the UGC Regulations, 2009, and the candidate has at least two full-length publications having a NAAS rating not less than 4 on the last date of submission of application. Those candidates with Ph.D. without course work will not qualify for NET exemption.
::: Downloaded on - 05/12/2025 22:39:53 :::CIS 19( 2025:HHC:39215 ) Further, ICAR clarified that, per Section 3.10 of UGC Regulations 2018, The Ph.D shall be a mandatory qualification for director recruitment to the post of Assistant Professor in Universities with effect from 01.07.2025. While as per the UGC notification dated .
30.6.2025, the provision made in clause 3.0 with sub clause 3.10, UGC (minimum qualification for appointment of teachers and other academic staff in Universities and colleges and other measures of standards in Higher education) (1st amendment) stands deleted. Hence, the averments made therein are not attributable to ICAR and are therefore, specifically denied.
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13. That in reply of paragraph 10, it is submitted that, all those candidates registered in Ph.D. prior to July 11, 2009 (as endorsed by ICAR), as well as candidates possessing Ph.D. degree (as specified by UGC/ICAR) on the date of Cut-off as specified by rt Respondent University in the said advertisement should be eligible to apply for the said post, further, provided that they fulfill other terms and conditions laid down by Respondent University. Hence, the averments made therein are wrong and, specifically denied.
15.That in reply of paragraph 12, it is submitted that, all those candidates registered in Ph.D. prior to July 11, 2009 (as endorsed by ICAR), as well as candidates possessing Ph.D. (as specified by UGC/ICAR) on the date of Cut-off as specified by Respondent University in the said advertisement should be eligible to apply for the said post and revised pay scale, subject to their fulfillment of the other terms and condition laid by the respondent university for the grant of revised pay scale. Hence, the averments made therein are not attributable to ICAR and are, therefore, specifically denied."
4(v) The respondent-University has sought to justify the impugned advertisement in not exempting NET essentiality for candidates, who obtained Ph.D. degrees after 11.07.2009 on the ::: Downloaded on - 05/12/2025 22:39:53 :::CIS 20 ( 2025:HHC:39215 ) ground that it is governed by ICAR and not by the UGC, therefore, UGC regulations are not applicable to it.
4(v)(a) This contention cannot be accepted firstly in view of .
Professor (Dr.) Sreejith P.S. Vs. Dr. Rajasree M.S. & Ors. 2. The Hon'ble Apex Court held that the State Act if not at par with the UGC Regulations, must be amended to bring it at par with applicable UGC Regulations and until then it is the applicable UGC of Regulations that shall prevail. The Hon'ble Apex Court reiterated Gambhirdan K. Gadhvi Vs. State of Gujarat & Ors3 that being a rt subordinate legislation, UGC Regulations become part of the Act.
In case of any conflict between the State legislation and the Central legislation, the Central legislation, i.e., the applicable UGC Regulations shall prevail by applying the principle of repugnancy under Article 254 of the Constitution as the subject "education" is contained in the Concurrent List of Schedule VII of the Constitution.
The submission on behalf of the State that the UGC Regulations unless specifically adopted by the State, shall not be applicable and the State legislation shall prevail were not accepted. Relevant portion from the decision reads as under: -
"8. Identical question came to be considered by this Court in the case of Gambhirdan K. Gadhvi (supra) and Kalyani Mathivanan (supra). Now, the issue whether the UGC Regulations shall prevail vis-à-vis the State legislation/State Act, identical question came to be considered by this Court in the recent decision of this Court in the case of Gambhirdan K. Gadhvi (supra). While 2 Civil Appeal Nos.7634-7635/2022 decided on 21.10.2022 3 (2022) 5 SCC 179 ::: Downloaded on - 05/12/2025 22:39:53 :::CIS 21 ( 2025:HHC:39215 ) considering the appointment of the Vice Chancellor in the Sardar Patel University, Gujarat, it is specifically observed and held by this Court that the appointment of Vice Chancellor cannot be made dehors the applicable UGC Regulations, even if the State Act concerned prescribes diluted eligibility criteria, vis-à-vis the criteria prescribed in the applicable UGC Regulations. It is further .
observed and held by this Court in the aforesaid decision that the State Act if not on a par with the UGC Regulations, must be amended to bring it on a par with the applicable UGC Regulations and until then it is the applicable UGC Regulations that shall prevail. It is further observed and held that being a subordinate legislation, UGC Regulations become part of the Act. It is further observed and held that in case of any conflict between the State legislation and the Central legislation, the Central legislation, i.e., the applicable UGC Regulations shall prevail by applying the principle of repugnancy under Article 254 of the Constitution as of the subject "education" is contained in the Concurrent List of Schedule VII of the Constitution. The observations made in relevant paras are as under:-
"20. Now the next question which is posed for consideration rt of this Court is, whether, the appointment of Respondent 4 as a Vice-Chancellor of the SP University -- Respondent 2 herein can be said to be contrary to any statutory provisions and whether, can it be said that Respondent 4 fulfils the eligibility criteria for the post of Vice-Chancellor. 20.1. While examining the aforesaid issues the relevant provisions of the UGC Regulations, 2010 enacted in exercise of powers conferred under clauses (e) and (g) of sub-section (1) of Section 26 of the University Grants Commission Act, 1956 and the relevant provisions of the SPU Act, 1955, are required to be referred to. 20.2. The UGC Act, 1956 was enacted to make provision for the coordination and determination of standards in universities and for that purpose, to establish a University Grants Commission. Section 12 deals with "Functions of the Commission", while Section 14 speaks of "Consequences of failure of universities to comply with recommendations of the Commission". Section 26 deals with "Power to make regulations". As per Section 28 the rules and regulations framed under the UGC Act are required to be laid before each House of Parliament and when both the Houses agree then rules and regulations can be given effect with such modification as may be made by Parliament. Therefore, any regulation enacted in exercise of powers under Section 26 can be said to be subordinate legislation. 20.3. For the appointment and career advancement of teachers in the universities and institutions affiliated to it, UGC by Regulation dated 4-4-2000, enacted the University Grants Commission (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to it) Regulations, 2000. However, in the said Regulation of 2000, no qualifications were prescribed for the post of "Pro- Chancellor" or "Vice-Chancellor".::: Downloaded on - 05/12/2025 22:39:53 :::CIS 22
( 2025:HHC:39215 )
21. Thereafter, the Government of India, Ministry of Human Resource Development Department of Higher Education, New Delhi by Letter No. 1-32/2006-U.II/U.I(i) dated 31-12- 2008 communicated to the Secretary, University Grants Commission, New Delhi the Scheme of revision of pay of teachers and equivalent cadres in universities and colleges .
following the revision of pay scales of the Central Government employees on the recommendations of the 6th Central Pay Commission.
22. By the said letter, the Government of India directed that there shall be only three designations in respect of teachers in the universities and colleges, namely, Assistant Professors, Associate Professors and Professors. In the said letter revised pay scales, service conditions and Career Advancement Scheme for teachers and equivalent positions including the post of Assistant of Professors/Associate Professors/Professors in universities and colleges were intimated. Pay scales of Pro Vice- Chancellor/Vice-Chancellor were also mentioned therein. It was intimated that the said Scheme may be extended to the universities, colleges and other higher educational rt institutions coming under the purview of the State Legislature, provided the State Governments wish to adopt and implement the Scheme subject to the terms and conditions mentioned therein.
23. In view of the aforesaid Letter No. 1-32/2006- U.II/U.I(i), dated 31-12-2008 issued by the Government of India and in exercise of the powers conferred under clauses (e) and (g) of sub-section (1) of Section 26 of the UGC Act, 1956, UGC enacted the Regulations, 2010 in supersession of the UGC Regulations, 2000. It was published in the Gazette of India on 28-6-2010 and came into force with immediate effect.
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25. Regulation 7.4.0 mandates that the universities/State Governments shall modify or amend the relevant Acts/Statutes of the universities concerned within six months of adoption of these Regulations.
26. Thus, UGC Regulations, 2010, inter alia, prescribe in Regulation 7.3.0 that a person shall have ten years of teaching work experience as a Professor in a university system. It also provides for constitution of a Search Committee consisting of a nominee of the Visitor/Chancellor, a nominee of the Chairman of the UGC, a nominee of the Syndicate/Executive Council of the University and the Search Committee has to recommend the names of the successful candidates.
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50. It cannot be disputed that the UGC Regulations are enacted by the UGC in exercise of powers under Sections 26(1)(e) and 26(1)(g) of the UGC Act, 1956. Even as per the UGC Act every rule and regulation made under the said Act, shall be laid before each House of Parliament. Therefore, being a subordinate legislation, UGC Regulations becomes part of the Act. In case of any conflict ::: Downloaded on - 05/12/2025 22:39:53 :::CIS 23 ( 2025:HHC:39215 ) between the State legislation and the Central legislation, Central legislation shall prevail by applying the rule/principle of repugnancy as enunciated in Article 254 of the Constitution as the subject "education" is in the Concurrent List (List III) of the Seventh Schedule to the Constitution. Therefore, any appointment as a Vice- Chancellor contrary .
to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions, warranting a writ of quo warranto."
8.4 In view of the above two binding decisions of this Court, any appointment as a Vice Chancellor made on the recommendation of the Search Committee, which is constituted contrary to the provisions of the UGC Regulations shall be void ab initio. If there is any conflict between the State legislation and the Union legislation, the of Union law shall prevail even as per Article 254 of the Constitution of India to the extent the provision of the State legislation is repugnant. Therefore, the submission on behalf of the State that unless the UGC Regulations are rt specifically adopted by the State, the UGC Regulations shall not be applicable and the State legislation shall prevail unless UGC Regulations are specifically adopted by the State cannot be accepted."
4(v)(b) Secondly, the ICAR in its reply has clarified having not framed any separate recruitment norms or regulations and that all ICAR accredited universities are bound to follow the UGC Regulations. According to respondent-University, it is the ICAR, which is the apex regulatory authority for it (agricultural universities). When the apex regulatory authority for agricultural universities itself mandates compliance with UGC norms, respondent-University cannot circumvent the compliance of UGC norms/regulations, which even as per its stand, it is bound to comply. Respondent-University's fall back upon its statute to wriggle out from the directions of ICAR & in turn the UGC ::: Downloaded on - 05/12/2025 22:39:53 :::CIS 24 ( 2025:HHC:39215 ) regulations are of no help to it as respondent-University itself acknowledges it is required to adhere to ICAR directions.
4(v)(c) The ICAR has taken a clear stand that UGC .
regulations of exempting Ph.D. degree holders from NET essentiality are applicable to respondent-university and to all agricultural universities in the country. Even otherwise, respondent-
University's endeavour to take shelter of two previous letters of of ICAR dated 23.12.2011 & 09.03.2017 to justify imposing NET essentiality even for Ph.D. degree holders is misplaced. These rt letters do not impose such condition upon Ph.D. degree holders.
Even as per these letters, which have otherwise lost their relevance as on date, Ph.D. degree holders could be exempted from NET essentiality subject to satisfaction of certain other parameters.
4(v)(d) Both ICAR & UGC are unison in their stand that in view of regulations in place which are binding upon all agricultural universities including respondent No.1, Ph.D. degree holders are exempted from NET essentiality in direct recruitment to the posts.
Respondent-University admits to ICAR's supremacy over the issue and that it is bound by ICAR's directions. Given this position, respondent-University is bound to exempt Ph.D. degree holders from NET essentiality.
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5. Conclusion In view of above, the advertisement issued by respondent No.1 on 10.07.2025 (Annexure P-1) read with its stand, .
to the extent of not exempting Ph.D. degree holders from NET essentiality cannot be countenanced. According, this writ petition is allowed. Respondent No.1-University is directed to accept petitioner's candidature for the post without imposing NET of essentiality condition subject to satisfaction of other prescribed conditions. It shall be open for respondent No.1-University to issue rt public notice/corrigendum etc. specifically clarifying exemption of Ph.D. degree holders from NET essentiality and for inviting fresh applications on that basis by appropriately extending the date for submission of applications.
The writ petition to stand disposed of in above terms.
Pending miscellaneous applications, if any, shall also stand disposed of.
Jyotsna Rewal Dua Judge 20th November, 2025(Rohit) ::: Downloaded on - 05/12/2025 22:39:53 :::CIS