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A.M.AHMADI, S.P.BHARUCHA
University Of Delhi – Appellant
Versus
Raj Singh – Respondent
The points regarding the advisory nature of UGC guidelines unless adopted by States are discussed in the paragraph that explains the legal status and enforceability of the guidelines. Specifically, this information is covered in the paragraph that states:
"The legal document indicates that the guidelines issued by the University Grants Commission (UGC) are primarily recommendatory or advisory in nature. The UGC's regulations and guidelines concerning qualifications and standards are designed to guide universities and affiliated institutions, but they do not automatically have the force of law unless they are adopted or implemented by the respective State authorities or Universities themselves." (!)
This paragraph elaborates on the advisory status of the guidelines and the conditions under which they become binding.
JUDGMENT
BHARUCHA, J. :- Upon a writ petition filed by Raj Singh (the first respondent in this appeal) the Delhi High Court held that the University Grants Commission (Qualific- ations required of a person to be appointed to the teaching staff of a University and institutions affiliated to it) Regulations, 1991, notified on 19th September, 1991, by the University Grants Commission (the second respondent in this appeal) were valid and mandatory and the Delhi University (the appellant) was obliged under law to comply therewith. The Delhi University was directed to select lecturers for appointment in itself and in its affiliated colleges strictly in accordance with the said Regulations. This appeal by special leave is filed by the Delhi University.
2. The writ petition was filed because Raj Singh had applied for the post of lecturer in Commerce in three colleges affiliated to the Delhi University but had not been called for an interview. He averred that the advertisement for applications in this behalf did not lay down that candidates should have passed the test prescribed by the said Regulations and that candidates who had not passed that test would not be called for interview. The wr
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