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'NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D degree. However, the candidates who have completed M. Phil degree or have submitted Ph.D thesis in the concerned subject up to 31st December, 1993 are exempted from appearing in the NET examination'.
The above paragraph shall be substituted with the following:-
'NET shall remain compulsory requirement for appointment as Lecturer even for those with post graduate degree. However, the candidates having Ph.D degree in the concerned subject are exempted from NET for PG level and UG level teaching. The candidates having M. Phil degree in the concerned subject are exempted from NET for UG level teaching only'.

39.that the decision taken by the UGC in its 468th meeting held on 23rd February, 2010 vide agenda item no. 6.04 and 6.05 to grant specific exemptions from the applicability of NET shall not be implemented as being contrary to national policy.

The above said directions shall be implemented by the UGC forthwith.

For and on behalf of the President of India, (Sunil Kumar) Joint Secretary to the Government of India."

44. The UGC in its 471st Meeting held on 12.8.2010 on agenda item no. 2.08 resolved to recommend the regulations to be prospective in nature. The Central Government in reply to the request made by the UGC vide it's letter dated 3.11.2010 signed by Shri Sunil Kumar, Joint Secretary (HE), Department of Higher Education, Ministry of Human Resource Development, Government of India did not agree with the recommendations and reiterated its directive issued under Section 20 (1) of the UGC Act, 1956 in making NET/SLET compulsory for teaching positions as a policy relating to a national purpose of maintenance of standard of higher education. It is useful to quote the letter signed by Additional Secretary (HE) to the Secretary Incharge, UGC as follows:-

In this connection, I am desired to convey to you that said resolutions are against the letter and spirit of the regulations issued by UGC from time to time regarding compulsory NET/SLET qualifications for appointment to lecturers/Asst. Professors. The above mentioned resolution perhaps does not take into account the fact that appointments, if any, pursuant to the date of coming into force of these regulations are bound to be prospective only. Appointments can never be made with retrospective dates. Therefore, exempting the candidates from NET/SLET requirement, who are going to be appointed or have been appointed after 11th July, 2009 would be violative of the UGC (Minimum Qualifications required for the appointment and Career Advancement of teachers for Universities and institutions affiliated to it) (3rd amendment) Regulations, 2009.

51. After considering the entire background including the recommendations of the Review Committee of Professor Mungekar and other experts to review the scheme of the NET and the decision taken by the Central Government, it was held that the principle of legitimate expectation will have no application to the facts and circumstances of the case. The Government of India, Ministry of Human Resource felt the need to introduce NET as compulsory for the purpose of appointment of teaching post in order to upgrade the standard of teaching. For that purpose, the Expert Committees were constituted consisting of eminent experts and academicians, who recommended that NET/SLET should be retained as compulsory requirement for appointment of lecturer irrespective of the candidates possessing degree in M. Phil and Ph.D. after considering the report of Prof. Mungekar Committee, the University Grants Commission was directed to frame regulations to serve the national purpose of maintaining standards of higher education. But, the University Grants Commission, without considering the object and purpose of raising the standard of education, and without considering the global scenario, although framed regulations, but, tried to give certain relaxation to the candidates for appearing in NET/SLET examinations. The Central Government rightly refused to approve the decision of University Grants Commission. Hence, the regulation and the decision of the Central Government cannot, at any stretch of imagination, be held to be illegal, arbitrary or whimsical, rather the decision is rational and based on public interest and also national policy to upgrade the standards of education in the country. The writ petitions were dismissed.