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(Hrishikesh Roy, J).

Heard Mr. S. Borthakur, the learned counsel appearing for the petitioners. The learned standing counsel for the Department of Higher Education Ms. R. Choudhury represents the respondent Nos.1 & 2. The University Grant Commission (UGC) is represented by the learned counsel Mr. A. Chamua. The learned CGC Mr. K.K. Parasar appears for the respondent No.4.

2. The prescription of NET/SLET qualification, for appointment to the post of Lecturer/Asstt. Professor in UGC category institutions, under the UGC (Minimum Qualifications required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) (Third Amendment) Regulations, 2009 (hereinafter referred to as 'the 2009 Regulation'), is challenged in this case. The petitioners who have enrolled themselves for M.Phil curriculum, seek exemption from the NET/SLET requirement, on account of the exemption granted to this category, under the UGC (Minimum Qualifications required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) (Second Amendment) Regulations, 2006 (hereinafter referred to as 'the 2006 Regulation').

3.2 Similarly, the relevant provision of the 2009 Regulation reads as:

"NET/SLET shall remain the minimum eligibility condition for recruitment and appointment of Lecturers in Universities/Colleges/Institutions. Provided, however, that candidates, who are or have been awarded Ph.D. Degree in compliance of the University Grant Commission (Minimum Standards and Procedure for award of Ph.D. Degree) Regulation, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions".
Writ Petition (C) No.4788/2011 6 of 11
4. The petitioners are serving in venture colleges in Assam with the expectation that their services would be taken over by the Government, under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (hereinafter referred to as 'the Provincialisation Act, 2011'). They took admission for pursuing M.Phil degree in distance mode, from the Vinayak Mission University in the year 2008, prior to the 2009 Regulation. Therefore they contend that they be exempted from the requirement of NET/SLET qualification, for appointment to the post of Lecturer/Asstt. Professor, for under graduate level teaching, because they are admitted for the M.Phil curriculum. 5.1. The learned counsel Mr. S. Borthakur contends that since M.Phil qualified candidates were exempted from the NET/SLET qualification to teach under graduate Level students w.e.f. 14.6.2006, under the 2006 Regulation, the withdrawal of exemption from this group, under the 2009 Regulation, brought into force on 11.7.2009, should not be retrospectively enforced against the petitioners, who are already admitted for the M.Phil curriculum under the Vinayak Mission University.
10. In the present case, the exemption from NET/SLET requirement to undertake under graduate level teaching, was granted for those with M.Phil degree under the 2006 Regulation, but the exemption was omitted under the 2009 Regulation and hence NET/SLET was prescribed to be essential eligibility criteria, for recruitment of teachers, in UGC affiliated institutions. Therefore those with M.Phil qualification, who were being considered for appointment under the 2006 Regulation, could have been considered for appointment without NET/SLET qualification, only for a limited time frame (14.6.2006--11.7.2009). However post 11.7.2009, none are entitled to be so appointed, as they do not fulfill the minimum qualification prescribed by the UGC.