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However, the University Grants Commission (UGC) has relaxed this condition for those candidates who possess Ph.D. degree. It appears that the respondents have also framed Service Rules, 2010 laying down same eligibility conditions for recruitment and appointment to the post of Assistant Professor.

3. Vide notification dated 5.11.2012 amendment was made in the Service Rules, 2010. This amendment provides that NET shall remain the minimum eligibility condition for recruitment and appointment as CWP-24447-2012 & connected petitions -3- Lecturer in college. First proviso to this rule also stipulates that candidates possessing Ph.D. degrees shall be exempted from the requirement of the minimum eligibility condition of NET for recruitment and appointment as Assistant Professor or equivalent positions in colleges. However, second proviso thereto, which is inserted vide the aforesaid amendment, mentions that such Ph.D. degrees should be obtained from State/Central Universities and the Ph.D. degrees of only those private universities which have been accredited as "A" Grade Universities by the National Assessment and Accreditation Council (NAAC) shall be considered for relaxation in lieu of NET. Thus, this amendment excludes those candidates who are holders of Ph.D. degree but they have obtained such a Ph.D. degree from those private universities which are not given accreditation as "A" Grade by the NAAC. All the petitioners herein fall in this category. For this reason, by means of present petitions, the petitioners are challenging the aforesaid amendment. We would like to point out here itself that during the pendency of these petitions, vide notification dated 10.1.2013, Rules of 1986 have also been amended by framing Rules for Haryana Education (College Cadre) Group B Service (Amendment) Rules, 2013, incorporating identical provisions.

It is pointed out that as per the aforesaid proviso, all candidates having Ph.D. degree irrespective of gradation of the University from where such a degree is obtained, are exempted.

6. The petitioners have also referred to UGC (Minimum Standards and Procedure for awards of M.Phil/Ph.D. Degree) Regulation, CWP-24447-2012 & connected petitions -5- 2009 and submitted that these regulations provide for minimum standards as well as procedure for awards of M.Phil/Ph.D. degrees and once the minimum standards laid down in these regulations are fulfilled by a University while awarding Ph.D. degree and it has also followed the procedure prescribed therein, there is no reason not to recognize such a Ph.D. degree for the purposes of granting exemption from passing NET. It is, thus, argued that the impugned amendment recognizing the Ph.D. degrees awarded only by the State/Central Universities and those private universities which have been accredited as "A" Grade by NAAC and ignoring other universities, is not only arbitrary and unreasonable and violates Article 14 of the Constitution, but it is also against the UGC Regulation, 2000, as amended, as well as Regulation, 2009, noted above. It is further submitted that such a provision is contrary to the right to be considered for employment which has accrued in favour of the petitioners and is sought to be taken away by the impugned amendment.

Provided, further, that Ph.D Provided, further, that Ph.D degrees awarded by State/Central degrees awarded by State/Central Universities or only those Universities or only those Private/Deemed Universiteis which Private/Deemed Universities which have been accredited as 'A" grade have been accredited as "A" Grade universities by the Nationaal universities by the National Assessment and Accreditation Assessment and Accreditation Council (NAAC) shall be considered Council (NAAC) shall be considered for relaxation in lieu of NET. for relaxation in lieu of NET.
                Provided further that NET shall       Provided further that NET shall
            not be required for such Master's      not be required for such Master's
            programmes in disciplines for which    programmes in disciplines for which
            there is no NET."                      there is no NET."
8. It is submitted that the above amendment has been necessitated in view of the dubious Ph.D. degrees presently being awarded by some of the private/deemed universities throughout the country. To standardise the quality of higher education, it was decided by the Government that Ph.D. degree awarded by only those private universities be considered which have been accredited as 'A' Grade Universities by NAAC and the Service Rules have been accordingly amended. Although NET was started by UGC to improve the quality of higher education through selection of teachers with higher academic standard, however, it is an open secret that there are many universities which do not have adequate infrastructure and faculty for even post graduate-level teaching, but have been offering programmes like Ph.D. and Doctor of Science and most of these universities target students who fail to get a place in premier institutions. Thus, the standard of the degree awarded by different universities of the country vary. Therefore, UGC NET is considered a benchmark to test the academic capability of different post-graduate degrees awarded by various universities. The CWP-24447-2012 & connected petitions -7-