JUDGMENT

S.C. Agrawal, J.-Special leave granted in both the special leave petitions.

These appeals raise questions relating to grant of exemption from the provisions contained in the University Grants Commission (Qualifications Required of a Person to be Appointed to the Teaching Staff of a University and Institutions Affiliated to it) Regulations, 1991 (hereinafter referred to as the 1991 Regulations ) which require that for appointment on the post of lecturer in universities and colleges the candidate should have cleared the eligibility test for lecturers conducted by the University Grants Commission (hereinafter referred to as the UGC ), Council of Scientific and Industrial Research (for short CSIR ) or similar test accredited by the UGC.

The UGC has been established under The University Grants Commission Act, 1956 (hereinafter referred to as the Act ) which was enacted by Parliament to make provisions for the co-ordination and determination of standards in Universities. One of the functions entrusted to the UGC under the Act is to recommend to any University the measures necessary for the improvement of University education and advise the University upon the action to be taken for the purpose of implementing such recommendation (Section 12(d)). The UGC has been empowered to make regulations consistent with the Act and the rules made thereunder defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the University, having regard to the branch of education in which he is expected to give instruction. [Section 26(1)(e). In exercise of the powers conferred by Section 26(1)(e)], the UGC made the University Grants Commission (Qualifications Required of a Person to be Appointed to the Teaching Staff of a University and Institutions Affiliated to it) Regulations, 1982 (hereinafter referred to as the 1982 Regulations ) whereby qualifications were prescribed for appointment to a teaching post in the University or in any of the institutions including constituent or affiliated colleges recognised under clause (f) of Section 2 of the Act or in an institution deemed to be a University under Section 3 of the Act. Under the 1982 Regulations the minimum qua lifications prescribed for appointment to the post of University lecturers were (i) a Doctorate s Degree or Research work of equally high standard; and (ii) a good academic record with at least second class (C in the seven point scale) Master s degree in a relevant subject from an Indian University or an equivalent degree from a foreign university. For college lecturers the minimum qualifications prescribed were (i) an M.Phil degree or a recognised degree beyond the master s level or published work indicating the capacity of a candidate for independent research work; and (ii) good academic record with at least second class (C in the seven point scale) Master s degree in a relevant subject from an Indian University or an equivalent degree from a foreign university.

In its report dated March 23, 1985, the National Commission on Teachers II, after observing that standards of performance varied from university to university, expressed the view that it must be ensured that every citizen aspiring to be a teacher at the tertiary level, i.e., a lecturer, qualified in terms of a national yardstick. The Commission recommended that the UGC should incorporate the passing of one of the national tests at least in grade B+ on a seven point scale in its regulations laying down the minimum qualifications of teachers and that this should come into force within two years. Thereafter, in 1986, the UGC appointed a Committee under the Chairmanship of Prof. R.C. Mehrotra (For short the Mehrotra Committee ) to examine the structure of emoluments and conditions of service of University and college teachers and to make recommendations in this behalf having regard to the necessity of attracting and retaining talented persons in the teaching pro