IMPORTANT POINT
Eligibility of lecturers will have to be considered in the light of Regulation 2009.

JUDGMENT

ASHOK BHUSHAN, J.

Leave granted.

2. These two appeals have been filed against the identically worded judgments of High Court of Madhya Pradesh dated 05.12.2012 and 17.01.2013 respectively dismissing the writ appeal filed by the State of Madhya Pradesh. The facts and issue in both the appeals being common, it is sufficient to refer to the facts and pleadings in civil appeal arising out of SLP (C) No. 26528 of 2017 for deciding both the appeals. The parties shall be referred to as described in the writ petition.

3. The writ petitioners had passed M.Phil. from different universities under distance education (between the year 2007 to 2009) before 11.07.2009. Writ petitioners were engaged as guest lecturers in different Government/Semi Government Colleges since before the year 2009. Higher Education Department of the Government of Madhya Pradesh issued an order dated 22.02.2012 on the subject “Arrangement of Guest Lecturers in Government Colleges for the remaining period of Academic Session 201112 and upcoming sessions”.

4. The Government order provided for criteria for selection under which various marks were allocated for Ph.D and NET/SET, M.Phil. and NET/SET. Regional Additional Director, Higher Education, Gwalior Madhya Pradesh issued an advertisement dated 21.04.2012 inviting application for the post of Guest Lecturer in different subjects. Writ Petitioners had applied for different posts of Guest Lecturers through online mode. Their applications were not accepted. On inquiry, they came to know that those candidates who had obtained M.Phil. degree through distance education programme are not qualified.

5. Writ Petition No. 3290 of 2012, Manoj Sharma and others v. State of Madhya Pradesh was filed wherein High Court passed an interim order on 14.05.2012 and directing the respondents to accept the application form of the candidates and the result of the candidates was to be kept in the sealcover.

6. Writ Petitioners on the strength of the interim order submitted their applications. Writ Petition No. 3290 of 2012, Manoj Sharma and others versus State of Madhya Pradesh was finally disposed off by learned Single Judge on 29.08.2012, holding that those candidates who have cleared M.Phil. qualification before the Regulations 2009, namely, University Grants Commission (Minimum Standards and Procedure for the award of M.Phil./Ph.D Degree) Regulations, 2009 (hereinafter shall be referred to as “Regulations 2009 of UGC (Minimum Standards and Procedure”) are eligible and their result be declared. Learned Single Judge issued following directions:

“It is further reported that although petitioner's case was considered, but by way of interim order, it was directed that his result will not be declared. Now final order is passed. Petitioner is found eligible, therefore, respondents shall consider the case of the petitioner as eligible on the basis of the aforesaid Master of Philosophy certificate and declare the result alongwith other candidates.”

7. The State of Madhya Pradesh filed a writ appeal against the judgments of learned Single Judge and Division Bench of the High Court vide its judgment dated 05.12.2012 dismissed the appeal. The State is in appeal against the judgment of the Division Bench.

8. Learned counsel for the appellant submits that in view of the regulations framed by the University Grants Commission, Regulations 2009 of UGC (Minimum Standards and Procedure), the M.Phil./Ph.D. Programmes conducted through distance education are not acceptable. He submits that since M.Phil. degree of the writ petitioners was by distance education mode, they do not fulfil the qualification for appointment as Guest Lecturer and the judgment of the learned Single Judge and Division Bench taking a contrary view is unsustainable.

9. No one has appeared on behalf of the respondent at the time of hearing. Although a counter affidavit on behalf of the Respondent No. 1, Manoj Sharma has been filed, supporting the view taken by the learned Single Judge and