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1 - 6 of 6 (0.22 seconds)The University Grants Commission Act, 1956
Section 26 in The University Grants Commission Act, 1956 [Entire Act]
P.Suseela vs University Grants Commission on 6 December, 2010
4. The name of the 5th Respondent appears at Sl.No.52, he
belonging to the Scheduled Caste (Arunthathiyar) community, while the
name of the 6th Respondent is found at Sl.No.12, he belonging to the
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W.P.(MD) No.3439 of 2017
Scheduled Caste–General Turn category. The Petitioner contends that the
recruitment notification runs contrary to the judgment of the Hon’ble
Supreme Court in P. Suseela v. University Grants Commission, reported
in (2015) 8 SCC 129. In paragraphs 12 and 15 of the said judgment, the
Supreme Court has held as follows:—
“12. It is clear that Section 26 enables the
Commission to make regulations only if they are
consistent with the UGC Act. This necessarily means that
such regulations must conform to Section 20 of the Act
and under Section 20 of the Act the Central Government
is given the power to give directions on questions of
policy relating to national purposes which shall guide the
Commission in the discharge of its functions under the
Act. It is clear, therefore, that both the directions of 12th
November, 2008 and 30th March, 2010 are directions
made pertaining to questions of policy relating to national
purposes inasmuch as, being based on the Mungekar
Committee Report, the Central Government felt that a
common uniform nationwide test should be a minimum
eligibility condition for recruitment for the appointment
of Lecturer/Assistant Professors in Universities/
Colleges/Institutions. This is for the obvious reason that
M. Phil. degrees or Ph.D. degrees are granted by different
Universities/Institutions having differing standards of
excellence. It is quite possible to conceive of M.Phil/
Ph.D. degrees being granted by several Universities
which did not have stringent standards of excellence.
Considering as a matter of policy that the appointment of
Lecturers/ Assistant Professors in all institutions
governed by the UGC Act (which are institutions all over
the country), the need was felt to have in addition a
national entrance test as a minimum eligibility condition
being an additional qualification which has become
necessary in view of wide disparities in the granting of
M. Phil./ Ph.D. degrees by various Universities/
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W.P.(MD) No.3439 of 2017
Institutions. The object sought to be achieved by these
directions is clear: that all Lecturers in
Universities/Colleges/Institutions governed by the UGC
Act should have a certain minimum standard of
excellence before they are appointed as such. These
directions are not only made in exercise of powers under
Section 20 of the Act but are made to provide for
coordination and determination of standards which lies at
the very core of the UGC Act. It is clear, therefore, that
any regulation made under Section 26 must conform to
directions issued by the Central Government under
Section 20 of the Act.
The Secretary To Government vs Dr.M.Chandra Mohan on 31 July, 2023
8. In the counter affidavit filed on behalf of the 1st Respondent, the
statements made in paragraphs 9 and 10 are as follows:—
“9. I submit that very notification under which
respondents 4 and 5 have been selected have been put
challenge in various writ petitions culminated in to writ
appeals and the validity of the same was upheld by this
Hon’ble Court in various judgments, more particularly
method of under recruitment was conducted by the
Teachers Recruitment Board in W.A.No. 1885 of 2022
(The Secretary to Government and others Vs.
Dr.M.Chandra Mohan), dated 31.07.2023. When the
validity method adopted by the Teachers Recruitment
Board for conducting the selection process is upheld by
this Hon’ble Court and the selection of respondents 5 and
6 are in consonance with the same, hence the selection of
respondents 5 and 6 herein does not warrant any
interference as the same was done in consonance with the
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W.P.(MD) No.3439 of 2017
notification and the norms prevailing at the relevant point
of time.
Mandeep Singh vs The State Of Punjab on 16 March, 2023
10. However, learned counsel for the Petitioner placed reliance on
the judgment of the Hon’ble Supreme Court in Mandeep Singh v. State of
Punjab, reported in 2025 INSC 834. The relevant passages from
paragraphs 59 and 60, which were specifically pressed into service, are
extracted hereunder:—
“59…. the State has miserably failed to justify the
departure from the standard norms of the recruitment
process. It has failed to give any valid reason for not
adopting the UGC Regulations and avoiding the Public
Service Commission in the recruitment in question.
Moreover, as discussed earlier, the reason for this
departure were narrow political and clearly arbitrary.
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