M.Phil holders prior to the 2009 UGC amendment are exempt from NET/SLET, entitling them to UGC pay scales dated back to qualification acquisition.

JUDGMENT :

ANU SIVARAMAN, J.

1. Writ Appeal No.1774/2024 is preferred by the State against the judgment dated 21.07.2023 of the learned Single Judge in Writ Petition No.19006 of 2021 (S-RES) and C.C.C.No.126/2024 is filed alleging willful disobedience of the order. The parties are being referred to as arrayed in the Writ Appeal.

2. We have heard Shri. Mamatha Shetty, learned Additional Government Advocate for the appellants/State as well as Shri. Sridhar G. Bidre, learned counsel for Shri. Raghavendra G. Gayatri, learned Advocate for the respondents/complainants.

3. The writ petition was filed by the respondents challenging Annexure A, B and C orders dated 30.03.2021, 19.04.2021 and 08.07.2021, respectively, as being contrary to the Government order dated 28.03.2016. Directions are also sought by respondents No.2 and 3 to implement the Government order dated 28.03.2016 Vide ANNEXURE-NN by extending the UGC pay scale to the Petitioners from the date of acquiring M.Phil qualification as stated in the said Government order.

4. The writ petitioners were teachers, who were appointed in respondent No. 4-Institution when it was a Private Unaided Institution. While so, they completed their M.Phil course before 2009. They approached the respondents for extending UGC pay scales on the basis of their qualification. The Government Order dated 18.05.2011, whereby UGC scale of pay was granted to Lecturers of A.R.M. First Grade College, Davanagere, was relied on by the writ petitioners. They also stated that similar relief was extended to one M.S. Veena, who was working in the Sarvagnya College of Education by Annexure 'HH'-Order. Their representation to grant UGC pay scale was considered and the Joint Director of Collegiate Education had recommended the extension of the UGC pay scale subject to the approval of the Commissioner, Department of Collegiate Education. However, Annexure 'A' letter was issued on 30.03.2021 rejecting the request of the petitioners which prompted the filing of the writ petition.

5. The respondents/appellants raised contentions that the Institution was granted grant-in-aid status only on 20.12.2010. It was therefore contended that pursuant to the UGC (Minimum Qualifications required for the appointment and career advancement of Teachers in Universities and Institutions affiliated to it) (3^rd Amendment), Regulation 2009, ('Regulation 2009' for short) M.Phil was no longer a qualification which exempted the candidate possessing it from passing NET/SLET. It was therefore contended that since the writ petitioners were brought into the grant-in-aid only in 2010, their M.Phil degrees acquired before 2009 could not be taken into account. The learned Single Judge took note of the qualifications and the UGC Regulations and found that M.Phil degree was accepted as a qualification for granting exemption from passing NET/SLET till 11.07.2009, when the UGC regulations were amended. It was also found that identically situated persons had been granted the benefit of UGC pay scale considering their M.Phil Qualifications acquired before 11.07.2009. On these grounds the writ petition was allowed and the petitioners were held entitled for UGC benefits in terms of Regulations 2009 and other consequential benefits.

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