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Fact remains that though such recommendation was given by an expert body but the government did not ultimately accept the said recommendation while framing the University Grants Commission (Minimum Qualification For Appointment Of Teachers And Other Academic Staff In Universities And Colleges And Other Measures For The Maintenance Of Standards In Higher Education) Regulation, 2010.

The legality and/or constitutional validity of such Regulation was tested before the Hon'ble Supreme Court in the case of University Grants Commission & Anr. -Vs- Neha Anil Bode (Gadekar) reported in 2013(10) SCC 519 wherein it was held that the qualifying criteria laid down by the UGC in implementation of the opinion of the experts cannot be considered as arbitrary, illegal, discriminatory or violative of Article 14 of the Constitution. Thus, the constitutional validity of the said Regulation of 2009 was tested by the Hon'ble Supreme Court and was declared as valid and intra vires and as such no relaxation can be granted to the candidates who have not acquired the Ph. D Degree in conformity with the Regulation framed in 2009. In this regard a question has come up for consideration before us as to whether exemption from appearing in the SLET/NET/SET can be granted to a candidate who has acquired Ph. D Degree before Regulation of 2009 came into effect but by following the identical procedure as was introduced by the Regulation of 2009 for conferment of Ph. D Degree upon the Doctoral Candidates.

Mr. Mandal, Learned Advocate, appearing for the West Bengal College Service Commission submits on instruction from his client that such exemption is being granted to the candidates who acquired Ph. D Degree before the Regulation of 2009 came into effect but by following the same procedure for grant of Doctoral Degree as introduced in the Regulation of 2009.

He further submits that even before Regulation of 2009 was framed, some of the Universities followed identical admission procedure and the Research Work after completion of the course work by the Doctoral candidates was also assessed in the same manner as introduced by the Regulation of 2009 and the candidates who acquired such Doctoral Degree from those Universities after passing through the identical procedure in conformity with the procedure subsequently introduced by the Regulation of 2009, are granted the exemption from appearing in the SLET, NET, or SET examination. He further submits that his client has examined each individual candidate who acquired Ph. D Degree before 2009 Regulation was enforced in the manner as aforesaid and decided the fate of each individual candidate as to whom such exemption can be granted and who cannot be granted such exemption. He further informs that IIT Kharagpur, Jawharlal Nehru University, New Delhi granted Ph. D Degree to the doctoral candidates even prior to 2009 by following the identical procedure as was introduced by the Regulation of 2009 by the University Grants Commission. He informs us that exemption was granted to those candidates who acquired Ph. D Degree from IIT Kharagpur or Jawharlal Nehru University, New Delhi.