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5. The UGC, respondent No. 3, has also filed affidavit-in-opposition, wherein a stand has been taken that vide notification dated 19.09.1991, the eligibility criteria to be appointed as a Lecturer has been fixed and the same are mandatory in nature. Another stand taken by the UGC is that the 2nd Amendment of UGC Regulations, 2006 clarified that NET shall remain compulsory requirement for the appointment of Lecturer for those with PG Degrees. However, the candidates having M.Phil. degree, in concerned subject, are exempted from NET for UG level teaching only and as the petitioner obtained M.Phil. degree in December, 2007 and withdrawing UGC full pay scale from 01.04.2008, it seems to be appropriate as per the condition stated in Annexure No. 3 of the writ petition.
10. On the other hand, Dr. Agarwala, learned standing counsel for the UGC, being respondent No. 3, also submits that there is also one Notification issued by the UGC on 19.09.1991, and the said notification was amended by making NET compulsory for being appointed as Lecturer for those with PG Degree. Dr. Agarwala further submits that the petitioner had obtained his M. Phil Degree in the month of December, 2007 and withdrawing full pay scale w.e.f. 01.04.2008, without satisfying the requirement for granting UGC scale of pay.