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2025 Supreme(Kar) 1632

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
SURAJ GOVINDARAJ, J.
Bharati S/o Siddanagouda Marigoudar – Appellant
Versus
The State of Karnataka – Respondent
Writ Petition Nos. 100365, 100537, 100552, 100598, 100601, 100867, 100900, 101014, 101398 of 2025
Decided On : 06-08-2025

Advocates Appeared:
For the Appellant : Pruthvi K.S.
For the Respondents: P.N. Hatti, Anoop G. Deshpande, Basavaraj B. Karadi, Sriyuths Gangadhar J.M.

Eligibility criteria based on qualifications must be equitable, ensuring no unfair exclusion of M.Phil holders from Assistant Professors/ lecturers' posts.

Headnote:(A) Constitution of India - Articles 226 and 227 - University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff) Regulations, 2018 - Eligibility for Assistant Professors/Lecturers - Petitioners craved judicial determination on whether their M.Phil qualifications obtained prior to 11.07.2009 suffice for eligibility - Court held state respondents’ evaluation was arbitrary as it excluded M.Phil holders pre-11.07.2009 without NET/SLET/Ph.D and directed the recognition of M.Phil qualifications on par with those possessing NET/SLET/Ph.D. (Paras 1-5)

(B) Court reasoned that recognition and classification of qualifications must be just, equitable, and not arbitrary, ensuring no candidate was unfairly excluded from eligibility based solely on qualifications obtained before the stipulated cutoff date.

Result: Writ petitions allowed.

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ORDER :

1. The petitioners are before this Court seeking for the following reliefs:

IN WRIT PETITION NO.100365/2025

A) Issue an appropriate direction by directing the respondents to hold M.Phil qualification acquired by the petitioners prior to 11/7/2009 as eligible to hold the post of Assistant Professors/Lecturers as mentioned at regulation, no.4.0 of UGC Regulation 2018.

b) Declaring the petitioners who have possessed only qualification prior to 11/7/2009 without NET/SLET/Ph.D as ineligible to hold the post of Assistant Professors/Lecturer for the academic year 2024-25 as arbitrary, illegal and not sustainable in the eye of law.

c) Direct the respondents to consider the M.phil qualification obtained by the petitioners prior to 11/7/2009 as per UGC Regulations, 2018 is the qualification on par with the candidates who have passed NET/SLET/Ph.D examinations and extend all the benefits which they are entitled to on par with them.

d) Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.

IN WP 100537/2025:

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A) Issue a writ in the nature of certiorari by quashing the impugned notification bearing no. ¸/99/2024-25 dated 02.01.2025 issued by the respondent no.3 vide Annexure-A

b) Issue a writ in the nature of mandamus directing the respondents to hold the M.Phil./Master Degree qualification possessed by the petitioners prior to 11.07.2009 as eligible to hold the post of Assistant Professors/ Lecturers as mentioned at regulations no.4.0 of UGC regulations 2018 and.

c) Hold the action of the respondents in declaring the petitioners who have possessed only M.Phil./Master Degree qualification prior to 11.07.2009 without NET/SLET/Ph.D, qualification, as ineligible to hold the post of Assistant Professor/Lecture as arbitrary, illegal and not sustainable in the eye of law and.

d) To direct the respondents to consider the M.Phil./Master Degree qualification obtained prior to 11.07.2009 as per UGC regulations 2018, is the qualification on par with the candidates who have passed NET/SLET/Ph.D, examination and extend all the benefits which entitled to on or par with them and.

e) Grant such other relief/s as deems fit in the circumstances of the case and allow the writ petition with costs in the interest of justice and equity.

IN WP 100552/2025:

a) Issue a writ in the nature of certiorari by quashing the impugned notification bearing no. dated 02.01.2025 issued by the respondent no.3 vide Annexure-A.

b) Issue a writ in the nature of mandamus / directing the respondents to hold the M.Phil./Master Degree qualification possessed by the petitioners prior to 11.07.2009 as eligible to hold the post of Assistant Professors/ Lecturers as mentioned at regulations no.4.0 of UGC regulations 2018 and

c) Hold the action of the respondents in declaring the petitioners who have possessed M.Phil./Master Degree qualification prior to 11.07.2009 without NET/SLET/Ph.D, qualification, as ineligible to hold the post of Assistant Professor/Lecture as arbitrary, illegal and not sustainable in the eye of law and

d) To direct the respondents to consider the M.Phil./Master Degree qualification obtained prior to 11.07.2009 as per UGC regulations 2018, is the qualification on par with the candidates who have passed NET/SLET/Ph.D, examination and extend all the benefits which entitled to on or par with them and

e) Grant such other relief/s as deems fit in the circumstances of the case and allow the writ petition with costs in the interest of justice and equity.

IN WP 100598/2025:

a) Issue a writ in the nature of certiorari by quashing the impugned notification bearing no. dated 02.01.2025 issued by the respondent no.2 vide Annexure-B.

b) Issue a writ in the nature of mandamus / directing the respondents to hold the M.Phil./Master Degree qualification possessed by the petitioners prior to 11.07.2009 as eligible to hold the post of Assistant Professors/ Lecturers as menti

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