IMPORTANT POINT
The court established that a Ph.D. is not a mandatory qualification for the Assistant Professor position, affirming that candidates with a Master's degree and NET qualification are equally eligible.

JUDGMENT :

C. HARI SHANKAR, J.

1. At the outset, we must observe, with some disquietude, that the appellant Kamla Nehru College [“the College” hereinafter] before this Court in LPA, is adopting a stand which is directly opposed to the stand adopted by it before the learned Single Judge.

2. Para 7 of the impugned judgment of the learned Single Judge reads thus:

“7. Ms. Kaul in her usual fairness submits, on instructions, that recommendation for selection of the Petitioner was justified as neither the advertisement nor UGC Regulations, on which the advertisement is based, mandate a Ph.D. degree for the post in question and a candidate possessing either a Master’s degree with - 55% marks and having cleared NET ‘or’ a Ph.D. degree is eligible and in this light the dissent was wrong. From the documents handed over, it is pointed out that the Governing Body of the College has noted under Item No. 4 in the meeting of the Governing Body held on 27.05.2024 that the dissent was in apparent contradiction with the selection of the Unreserved candidate, who also did not possess a Ph.D. degree and that too, by the same Selection Committee. Ms. Kaul is also unable to point out any Ordinance in reference to which direction was issued to the College to re-advertise the post in the event of a dissent.”

3. However, before this Court, the College, represented by Mr. Umesh Chandra Sharma, contests the entitlement of the respondent to selection as Assistant Professor (Journalism) in the appellant College.

4. We are doubtful as to whether the College can thus approbate and reprobate, by adopting different stands at different stages of the same litigation. Nonetheless, we have heard Mr. Sharma, learned Counsel for the appellant, at some length and have perused the judgment under challenge.

5. The respondent had applied for recruitment to the post of Assistant Professor (Journalism) pursuant to an advertisement dated 20 October 2022. He belongs to the Other Backward Classes [“OBC”]. Interviews were held on 24 February 2024. The respondent was interviewed and was shortlisted for appointment as Assistant Professor (Journalism) as an OBC candidate. He was the first in the merit list.

6. As there was only one OBC vacancy, the remaining candidates were placed in the wait list.

7. Ultimately, one unreserved category candidate was appointed. The respondent was not appointed against the OBC vacancy.

8. The respondent approached this Court by way of WP (C) 10829/2024. The said writ petition stands allowed by the learned Single Judge.

9. Aggrieved thereby, the College has filed the present Letters Patent Appeal.

10. As was revealed from the facts before the learned Single Judge, the Selection Committee which interviewed the candidates consisted of seven members. Of the seven members, six members recommended that the respondent be selected and appointed as Assistant Professor (Journalism), especially as he was the first in the merit list of OBC candidates. However, the seventh member, who happened to be the “expert member” entered a dissent which read: “Not agreed, No Ph.D. suited to the merit.”

11. In view of this lone dissent, the College wrote to the University of Delhi, clarifying as to the further course of action to be adopted. The University advised the college to re-advertise the post.

12. The learned Single Judge has allowed the writ petition, noting the following factual and legal position:

(i) The prescribed educational qualifications did not require a candidate aspiring to the post of Assistant Professor (Journalism) necessarily to hold a Ph.D.

(ii) The qualifications prescribed in the applicable UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education), Regulations 2018 read thus:

“4.0 Direct Recruitment

4.1 For the Disciplines of Arts, Commerce, Humanities, Education, Law, Social Sciences, Sciences, Languages, Library Science, Physical Education, an