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(2) The UGC shall notify the date or dates from which exemption from qualifying in NET/SLET in respect of Universities/Institutions Deemed to be Universities as well as the discipline for which such exemption is being granted only on the recommendations of a Committee of Experts to be constituted by the Commission and that the experts therein shall be persons of high eminence in the respective disciplines for which the persons possessing Ph.D. are considered for exemption from qualifying NET/SLET.

20. Learned counsel for the appellants placed reliance on the last call notice issued by the Bharathiar University dated 16th June, 2009, calling for applications for SLET exam, wherein the exemption was given to the candidates, who have passed their M.Phil degree by 31st December, 1993 (or) who have submitted their Ph.D. thesis to a University on or before 31st December, 2002.

21. Learned counsel for the appellants further contended that when the long standing exemption availed by the appellants was withdrawn, the appellants were not even given an opportunity to attempt the NET/SLET examination as no NET/SLET examination was conducted between 11th July, 2009 (date of amendment of the Minimum Qualification Regulations) and 29th March, 2010 (date of calling of applications by the Teachers Recruitment Board). Therefore in the process of withdrawing the exemptions, which was available to the appellants for a long period, the principles of fairness and equity have been completely compromised as a result of which the appellants have been deprived of the opportunity of applying for recruitment as Assistant Professor in Government Colleges. It was further submitted that though the appellants had a reasonable opportunity to appear in the examinations in June, 2006, they were led to believe that they were exempted from acquiring NET/SLET qualification. It was also brought to the notice of the Court that candidates who had completed M.Phil qualification by 1993, though they applied for the examination, their applications were returned by the Bharathiar University on account of the exemption provision as shown in the call notice. It was also submitted that while the exemption from NET/SLET qualification was founded on sound reason, the sudden withdrawal of exemption was done without any reason or logic as is evident from G.O. Ms. No.350 of the Higher Education Department. The grant of exemption from NET/SLET for persons who have passed M.Phil Degree prior to 1993 was based on the reason that prior to 1993, the curriculum mandated the candidates to complete two project papers, whereas after 1993, it was reduced to one project paper. The above reason for exemption was lost sight of by learned single Judge. It was also submitted that the exercise of administrative power should be based on valid and informed reasons and cannot be based on whims and caprices of the public authority. It was also submitted that merely because UGC has power to fix the minimum qualification for recruitment to Government Colleges, the earlier exemption from NET/SLET for candidates, who had passed M.Phil prior to 31st Dec., 1993, cannot be withdrawn without any rhyme or reason. The denial of the longstanding exemption has suddenly rendered the appellants ineligible to apply for the post of Assistant Professors in the Tamil Nadu Collegiate Educational Service. Thus, the arbitrary, sudden and unreasoned amendment to the UGC Minimum Qualification Regulations is violative of Articles 14 and 16 of the Constitution and against the doctrine of legitimate expectation.

28. Learned Additional Solicitor General submitted that UGC has been directed not to give any blanket or general exemption from NET/SLET to any university or institution unless the Ph.D awarded by an university or an institution meets the same level of rigor in terms of standards and quality as laid down by the UGC for each discipline under the Regulations. In compliance with the above mentioned policy directive of the Central Government dated 12.11.2008, the UGC had notified regulations, namely, the University Grants Commission (Minimum Qualifications for appointment and career advancement of teachers in Universities and Colleges) (3rd Amendment) Regulations, 2009 whereby it specified that qualifying NET/SLET would be the minimum eligibility condition for recruitment and appointment of lecturers in universities and colleges with exemption to be provided to persons who have obtained Ph.D degree in accordance with the standards prescribed by the UGC. It is submitted that the first proviso of clause 2 of the UGC Minimum Qualifications for appointment and career advancement of teachers in Universities and Colleges) (3rd Amendment) Regulations, 2009 empowers the UGC to provide relaxation in prescribed qualifications in a particular subject in which NET is not being conducted or enough number of candidates are not available with NET qualification for a specific period. The intent of the said proviso is that the relaxation in qualifying NET was to be granted by UGC in a particular subject for a specified period of time before the commencement of the recruitment process where after due diligence it was concluded that sufficient number of candidates are not available. The said relaxation would be based on sound justification and would apply to affected universities for a particular subject for a specific period and no individual applications would be entertained.

40. In the instant case, as noticed above, in order to improve the quality of education, the first respondent namely., the Central Government set up a Review Committee under the Chairmanship of Bhalchandra Mungekar and other Experts to review the Scheme of National Eligibility Test. In its final report the Committee took a view that the NET/SLET test should be retained as a compulsory requirement for appointment of Lecturers at Under Graduate and Post Graduate levels irrespective of candidates possessing the degree of M.Phil or Ph.D. The report of the Mungekar Committee was considered by the UGC in its meeting held on 21.07.2008 and resolved that NET/SLET or Ph.D. shall remain the minimum eligibility condition for recruitment of Lecturers in universities, colleges and other institutions of higher learning. The government had also considered the report of the Mungekar Committee in the light of the recommendation of the UGC and issued a direction on 12.11.2008 under Section 20 of the UGC Act giving instructions to prepare appropriate regulations keeping in mind the national purpose of maintaining the standard of higher education prescribing that NET/SLET shall be compulsory for all persons to be appointed to teaching post of Lecturer or Assistant Professor in universities and other institutions imparting higher education. It was also suggested that only persons who posses the degree of Ph.D. after having been enrolled/admitted to a program notified by the UGC that too after it has fully satisfied itself on the basis of the expert opinion that such Ph.D. degree has been obtained in conformity with the procedure and standards prescribed by it only could be exempted. The government in exercise of the power under the Act also directed that the Commission shall not give any blanket or general exemption from NET/SLET to any university unless Ph.D. awarded by a university or an institution needs the same level of rigor in terms of standards and quality as laid down by the UGC for each discipline. In compliance with the above policy directive of the Central Government dated 12.11.2008 the UGC notified regulations by 3rd Amendment called 3rd Amendment Regulations, 2009, which was notified on 11.07.2009, which is impugned herein. It was categorically specified that qualifying NET/SLET would be the minimum eligibility condition for recruitment and appointment of Lecturers in universities and colleges with exemption to be granted only to persons who have obtained Ph.D. degree in accordance with the standard and rigor prescribed under the UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Colleges) Regulations, 2009.