JUDGMENT

K. S. Radhakrishnan, J.

1. Leave granted.

2. We are, in these appeals, called upon to examine whether the University Grants Commission (for short “the UGC”) has got the power to fix the final qualifying criteria, for those who have obtained the minimum marks for all the papers, before the final declaration of the results of the National Eligibility Test (for short “NET”) for the year 2012.

3. We have, before us, a judgment of the Division Bench of the Bombay High Court, Bench at Nagpur, which ruled that the UGC lacked the competence to fix the aggregate marks as the final qualifying criteria, after the candidates obtained the minimum marks, prescribed in the notification dated 6.12.2012 before the declaration of results of NET Examination, agreeing with a similar view expressed by a learned single Judge of the Kerala High Court.

4. Let us, at the outset, examine the scope of the University Grants Commission Act, 1956 (for short “the UGC Act”), the University Grants Commission Regulations, 2010 etc., which is necessary for a proper appreciation of the various contentions raised by the learned counsel on either side.

5. The UGC Act, 1956 was enacted by the Parliament under the provisions of Entry 66 List I of the Seventh Schedule of the Constitution, which entitles it to legislate in respect of “co-ordination and determination of standards in Institutions for higher education or research and scientific and technical education”. For the said purpose, the Act authorized the Central Government to establish a commission, by name, the University Grants Commission. Chapter III of the Act deals with the powers and functions of the Commission. Section 12 states that it shall be the general duty of the Commission to take, in consultation with the Universities or other bodies concerned, all such steps as it may think fit for the promotion and co-ordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities, and for the purpose of performing its functions under the Act, the Commission has been bestowed with certain powers under the Act. Clause (j) of Section 12 reads as under: “12(j) perform such other functions as may be prescribed or as may be deemed necessary by the Commission for advancing the cause of higher education in India or as may be incidental or conducive to the discharge of the above functions.”

6. Section 26(1) of the UGC Act confers powers on it to make regulations consistent with the Act and the Rules. Clauses (e), (f) and (g) of Section 26 are of some relevance and are given below:

“26.(1) The Commission may, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder-

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(e) 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;

(f) defining the minimum standards of instruction for the grant of any degree by any University;

(g) regulating the maintenance of standards and the co-ordination of work or facilities in Universities.

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7. UGC, in exercise of its powers conferred under Clauses (e) and (g) of Section 26(1) of the UGC Act and in supersession of the University Grants Commission (Minimum Qualifications required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) Regulations, 2000, issued the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education)Regulations, 2010. Regulation 2 states that the minimum qualifications for appointment and other service conditions of University and College te