The Supreme Court, on Wednesday, said that the UGC Regulations, 2016 prescribing minimum qualifications for appointment and career advancements of teachers in universities and institutions affiliated to the statutory body, will be applied retrospectively, reported Live Law.
As per the UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2000, the statutory body exempted candidates from appearing for NET if they had submitted their thesis by December 31, 1993. Despite multiple amendments, with the last being in 2018, the exemption clause did not deter.
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The judgment was held by the bench comprising Justices UU Lalit, Sudhanshu Dhulia, and S Ravindra Bhat. Reiterating, the bench said, “When an enactment or an amendment is declaratory, curative or clarificatory, impelled by a felt need to make clear what was always intended, such amendment is usually meant to operate from an antecedent date or to cover antecedent events,” reported the news daily.
The apex court was dealing with the case that enquired about the legality of the appointment of Dr Jayakumar as Lecturer in Sociology at the University of Kerala. The university released a notification regarding vacancies for some posts on July 13, 2011. The notification had a mandatory condition that the candidate must qualify NET (National Eligibility Test) with an exemption for those who have a PhD in the subject they are applying for.
Dr Jayakumar, who acquired his PhD in 2006, was assessed and ranked first during the appointment for the position of lecturer. A writ petition was filed before the Kerala High Court, by the person who was ranked second, challenging the grounds on which Dr Jayakumar was appointed as a lecturer at the university. The Supreme Court interpreted that if the amendment was considered prospective then the appointment would be rendered illegal and the lecturer would have to appear for the NET, which the bench noted to be unwarranted.
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