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Sadhana Chaudhary and Aarti Ahluwalia, respondents Nos. 1 and 2 , had joined M. Phil course of Punjab University for the session 1991-92, Sadhana Chaudhary submitted her thesis On January 25, 1993, the viva voice test was held some time in November, 1993 and the M. Phil degree was awarded to her on December 14, 1993. Aarti Ahluwalia submitted her thesis on October 7, 1992, the viva voice test was held in December, 1993 and she was awarded M. Phil degree on December 14, 1993. Since they had been awarded the M. Phil degree after December 31, 1992, they were not given exemption from clearing the eligibility test as per the requirement of the advertisement. They approached the High Court of Punjab and Haryana by filing a writ petition (Civil Writ Petition No. 2252 of 1995) wherein they assailed the cut off date, i. e., December 31, 1992, as fixed in paragraph 5(b) of the advertisement regarding exemption given to candidates who have been awarded M.Phil degrees from the eligibility test.

The exemption for clearing the eligibility test under clauses (a) to (b) of paragraph 5 of the advertisement was based on the Circulars of the UGC dated February 10, 1993 and June 15, 1993 referred to earlier. It appears that the UGC did not appear in response to the notice issued by the High Court on the writ petition filed by respondents Nos. 1 and the State of Haryana and the Haryana Public Service Commission, who contested the said writ petition, could not offer any explanation for the said provision in the advertisement. In the absence of any explanation having been offered for fixing December 31, 1992 as the cut off date for grant of exemption to candidates having M.Phil degree, the High Court, by its judgment dated March 21, 1995, as the allowed the writ petition of respondents Nos. 1 and 2-on the view that cut off dates prescribed in paragraph 5(b) and (c) of the advertisement in respect of candidates who had acquired M.Phil degree or submitted the Ph. D thesis are totally unjust and based on no rationale inasmuch as it amounts to creation of an artificial class amongst the eligible candidates though similarly situated, i.e., having obtained M.Phil degree after December 31, 1992, or having submitted Ph.D thesis after December 31, 1993, respectively and that cut off dates, i.e., December 31, 1992 for M. Phil degree and December 31, 19993 in case of submission of ph.D thesis, are far earlier to the date of the advertisement dated January 23, 1995. According to the High Court, it would not be necessary to appear in the eligibility test for the candidates who have applied or/are applying for the Lecturers' posts pursuant to the advertisement dated January 23, 1995 if they have obtained M.Phil degrees or submitted Ph.D thesis before December 31, 1994, i.e., prior to the date of the publication of advertisement dated January 23, 1995. On that view the High Court directed the Haryana Public Service Commission and State of Haryana to issue a corrigendum extending the dates in. paragraph 5(b) and (c) of the advertisement dated January 23, 1995 upto December 31, 1994 and further directed that in future also they should ensure that as and when any such advertisement is issued, they will bear in mind that the eligibility dates be not far off from the date of advertisement CIVIL APPEAL NO. OF 1996 (@ S.L.P.(C) No 27375/1995) On November 22, 1993, the Bihar State University Service Commission issued an advertisement inviting applications for appointment on the post of Lecturers in various universities in Bihar. The said advertisement did not prescribe that the candidates should have cleared the national eligibility test conducted by the UGC, Some of the candidates who had qualified n the national eligibility test filed a writ petition (C.W.O.C.No. 321 of 1994) in the Patna High Court wherein it was alleged that the qualifications that were prescribed in the advertisement were not in consonance with the qualifications prescribed by the UGC where under it is necessary that the candidates should have passed the eligibility test, The said writ petition was allowed by the high Court by judgment dated March 9, 1994 whereby t was held that the applications of only those candidates who had passed national eligibility examination in terms of the regulations framed by the UGC could be considered by the Bihar State University Service Commission. A Review Petition was filed against the said judgment by the Bihar State University Service Commission and by order dated April 27, 1994 the High Court clarified that the Bihar State University Service Commission should consider the candidature of such persons who were eligible to be considered n terms of regulations framed by the UGC. Thereafter the Governor of Bihar promulgated Bihar State University (Third Amendment) Ordinance, 1994 on December 8, 1994 whereby provision was made regarding relaxation of the minimum qualification for appointment on the post of Lecturer in university constituent colleges and a candidate who has got a degree of Ph.D in the concerned subject and/or has got a degree of M. Phil before December 31, 1993 and/or has got a degree of M.Phil before December 31, 1992 has been made eligible for appointment as Lecturer without having passed the Bihar Eligibility Test or the Eligibility Test of Lecturers/Junior Research Fellow (JRF) conducted by the UGC/CSIR. Thereafter the Bihar State University Service Commission issued a Corrigendum dated December 25, 1994 in the advertisement dated November 22, 1993 whereby it was indicated that all candidates who have already done M. Phil upto December 31, 1992 or who have done or submitted the Phil upto December 31, 1993 or have qualified the National Eligibility Test (NET)/JRF Test of UGC/CSIR would be exempted from appearing at the Bihar Eligibility Jest to be conducted by Bihar State University Service Commission.

Shri Milon K. Banerjee, the learned senior counsel appearing for the UGC, has submitted the Circulars dated February 10, 1993 and June 15, 1993 were in the nature of transitional provisions which became necessary as a result of imposing the requirement regarding clearing the eligibility test by a candidate for appointment on the post of Lecturer under the 1991 Regulations, The Learned counsel has pointed out that under the 1982 Regulations, which were superseded by the 1991 Regulations, a person possessing ph.D degree was eligible for appointment on the post of Lecturer in University and a person Possessing M. Phil degree was eligible for appointment on the post of Lecturer in the college. This position was altered by the 1991 Regulations and candidates having good academic record with at least 55% marks or an equivalent grade at Master's Degree level in the relevant subject became eligible for appointment on the post of Lecturers in universities or colleges provided they had cleared the eligibility test for Lectures conducted by the UGC, CSIR or similar test accredited by the UGC. A Ph.D or M. phil degree is no longer an essential qualification for such appointments, There were a number of persons who had obtained Ph.D and M.Phil degrees or had joined the Ph.D or M.Phil degree courses prior to the issuance of the 1991 Regulations in the light of the minimum qualifications that were prescribed in the 1982 regulations. The Circulars dated February 10, 1993 and June 21, 1993 were issued to mitigate the resultant hardship to such persons on account of the introduction of the requirement of clearing the eligibility test in the 1991 Regulations. By Circular dated February 10, 1993 exemption from this requirement was granted to candidates who had already been awarded the Ph.D degree as well as to candidates who would submit their Ph.D thesis upto December 31, 1993. As regards candidates having obtained M. Phil degree, by Circular dated February 10, 1993 the exemption was initially confined to those who had already been awarded M.Phil degree upto March 31, 1991. Subsequently it was felt that there were candidates who had joined the M.phil course prior to issuance of the 1991 regulations but had not obtained the M.Phil degree till then and , therefore, by Circular dated June 15, 1993, the date of obtaining the M.Phil degree was extended from March 31 1991 to December 31, 1992 under the expectation that by that date those persons would be able to complete the M.Phil course and obtain M. Phil degree. Shri Banerjee has contended that both these circulars dated February 10, 1993 and June 21, 1993 have now ceased to have any significance in view of the notification dated June 21, 1995 whereby the 1991 Regulations have been amended and it has been prescribed that candidates who have submitted Ph.D thesis or passed the M.Phil examination by December 31, 1993 are exempted from eligibility test for Lecturers conducted by UGC/CSIR or similar test accredited by the UGC. The submission is that after the aforesaid amendment in the 1991 Regulations the only question that is left for consideration is whether the cut off dated (December 31, 1993) prescribed in the 1991 Regulation, as amended, can be held to be arbitrary. Shri Banerjee has urged that having regard to the tine that is normally taken by a candidate who had registered for the Ph.D degree or had joined M. Phil course prior to the naming of the 1991 Regulations, the fixation of December 31, 1993 as the cut of date cannot be held to be arbitrary or unreasonable. Shri Banerjee, in this context, has placed reliance on the decisions of this Court in Union of India & Anr. v. M/s Parameshwaran Match works Ltd. 1975 (2) SCR 573; and Dr. (Mrs.) Sushma Sharma etc. etc. v. Stated of Rajasthan & Ors. 1985 (3) SCR 243.

We may now come to the validity of the exemption from the requirement regarding clearing the eligibility test that has been granted under the Circulars dated February 10, 1993 and June 15, 1995 and the notification dated June 21, 1995. Shri S. B. Sanyal, the learned senior counsel appearing for the appellants in Civil Appeal arising out of S.L.P (C) No. 27375 of 1995, has submitted that having regard to the report of the National Commission on Teachers II and the report of the Mehrotra Committee, which form the basis for introducing this requirement by the UGC in the 1991 regulations, there is no rational basis for granting exemption from the eligibility test to candidates who had submitted Ph.D thesis or passed the M. Phil examination by December 31, 1993, We find no merit in this contention. Prior to the making of the 1991 Regulations there was no statutory requirement regarding clearing the eligibility test for the purpose of appointment on the post of lecturer. Such a requirement was introduced for the first time by the 1991 Regulations. At the time when the 1991 Regulations were made the Provisions contained in the 1982 Regulations had given rise to a legitimate expectation that a person having a Ph.D or M. Phil degree and having good academic record as prescribed under the 1982 Regulations would be eligible for appointment on the post of Lecturer without anything more. while introducing the requirement of clearing the eligibility test in the 1991 Regulations, the UGC did not intend to deprive the persons who had obtained M.Phil degree of Ph.D degree prior to the making of the 1991 Regulations of their legitimate expectation in the matter of appointment on the post of Lecturer in universities or colleges. It was also felt that the said requirement in the 1991 Regulations should not operate to the prejudice of persons who, having regard to the qualifications prescribed in the 1982 Regulations, had registered for the Ph.D degree or had joined study for M.Phil degree course prior to making of the 1991 Regulations and , therefore, provision was made for granting exemption to such candidates with the condition that they should have passed M.Phil examination or should have submitted Ph.D thesis by a particular date. In so for as the dated of submission of Ph.D thesis is concerned the said date, We. December 31, 1993, has remained unchanged in the circulars dated February 10, 1993 and June 15, 1993 and the notification dated June 21, 1995. For M.Phil degree the date was, however, changed from March 31, 1991 to December 31, 1992 to December 31, 1993 by notification dated June 21, 1995. The amendment in the 1991 Regulations that has been made by the notification dated June 21, 1995, in substance, postpones the date of applicability of the requirement regarding clearing the eligibility test in the 1991 Regulations Will December 31, 1993 in respect of candidates who had joined the M.Phil course or registered for Ph.D degree. Such candidates constitute a distinct class who could be Treated separately in so far as the requirement of clearing the eligibility test has a rational basis which has a reasonable nexus with the object sought to be achieved by the 1991 Regulations. We are therefore, unable to hold that the exemption that has been granted by the amendment introduced in the 1991 Regulations by notification dated June 21, 1995 is violative of the right to equality guaranteed under Article 14 of the Constitution.