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5. The respondents/appellants raised contentions that the Institution was granted grant-in-aid status only on 20.12.2010. It was therefore contended that pursuant to the UGC (Minimum Qualifications required for the appointment and career advancement of Teachers in Universities and Institutions affiliated to it) (3rd Amendment), Regulation 2009, ('Regulation 2009' for short) M.Phil was no longer a qualification which exempted the candidate possessing it from passing NET/SLET. It was therefore contended that since the writ petitioners were brought into the grant-in-aid only in 2010, their M.Phil degrees acquired before 2009 could not be taken into account. The learned Single Judge took note of the qualifications and the UGC Regulations and found that M.Phil degree was accepted as a qualification for granting exemption from passing NET/SLET till 11.07.2009, when the UGC regulations were amended. It was also found that identically situated persons had been granted the benefit of UGC pay scale considering their M.Phil Qualifications acquired before 11.07.2009. On these grounds the writ petition was allowed and the petitioners were held entitled for UGC benefits in terms of Regulations 2009 and other consequential benefits.

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9. The learned counsel appearing for the respondents/complainants submits that they were entitled to be placed in the UGC pay scale on acquiring the UGC qualifications. It is submitted that they had acquired M.Phil qualification prior to 11.07.2009. On acquisition of M.Phil qualification, they were entitled to the benefit of exemption from NET/SLET. Therefore, it is contended that they are entitled to be placed in the UGC scale as on the date when they acquire all other qualifications prescribed by UGC, that is, Post Graduation in the subject as well as M.ED. It is submitted that since the question has been considered in detail by the learned Single Judge, there is no error in such consideration and the writ appeal is liable to be dismissed.

2. Appendix-5"

14. However, the Government by communication dated 25.07.2022 rejected the proposal since the respondents did not possess the prescribed minimum qualification of NET/SLET/Ph.D. It was this order which was under challenge before the learned Single Judge. The learned Single Judge found that the 2006 Regulations specifically provided for exemption to M.Phil holders also from acquiring NET/SLET qualification. It was only on 11.07.2009 that the said exemption was modified to exclude M.Phil holders. Further, it was found that identical benefits had been granted to similarly situated persons and that the Department had also submitted a proposal for the same.
21. In the above view of the matter, we are of the opinion that the respondents, had acquired the M.Phil qualification at a time when the said qualification was adequate for providing exemption from the compulsory qualification of NET/SLET. The private respondents would therefore be entitled to grant of UGC pay scale from the date when they acquire the UGC qualifications. There is no error in the findings of the learned Single Judge.
22. Accordingly:-
(i) Writ Appeal No.1774/2024 fails, the same shall stand dismissed.