Hrishikesh Roy, J.

Heard Mr. S. Borthakur, the learned counsel appearing for the petitioners. The learned standing counsel for the Department of Higher Education Ms. R. Choudhury represents the respondent Nos.1 & 2. The University Grant Commission (UGC) is represented by the learned counsel Mr. A. Chamua. The learned CGC Mr. K.K. Parasar appears for the respondent No.4.

2. The prescription of NET/SLET qualification, for appointment to the post of Lecturer/Asstt. Professor in UGC category institutions, under the UGC (Minimum Qualifications required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) (Third Amendment) Regulations, 2009 (hereinafter referred to as ‘the 2009 Regulation’), is challenged in this case. The petitioners who have enrolled themselves for M.Phil curriculum, seek exemption from the NET/SLET requirement, on account of the exemption granted to this category, under the UGC (Minimum Qualifications required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) (Second Amendment) Regulations, 2006 (hereinafter referred to as ‘the 2006 Regulation’).

3.1 The concerned stipulation of the 2006 Regulation being relevant for the present order, are extracted:

“NET shall remain compulsory requirement for appointment as Lecturer even for those with Post Graduate Degree. However, the candidates having Ph.D. Degree in the concerned subject are exempted from NET for PG level and UG level teaching. The candidates having M.Phil. Degree in the concerned subject are exempted from NET for UG level teaching only”.

3.2 Similarly, the relevant provision of the 2009 Regulation reads as:

“NET/SLET shall remain the minimum eligibility condition for recruitment and appointment of Lecturers in Universities/Colleges/Institutions.

Provided, however, that candidates, who are or have been awarded Ph.D. Degree in compliance of the University Grant Commission (Minimum Standards and Procedure for award of Ph.D. Degree) Regulation, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions”.

4. The petitioners are serving in venture colleges in Assam with the expectation that their services would be taken over by the Government, under the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (hereinafter referred to as ‘the Provincialisation Act, 2011’). They took admission for pursuing M.Phil degree in distance mode, from the Vinayak Mission University in the year 2008, prior to the 2009 Regulation. Therefore they contend that they be exempted from the requirement of NET/SLET qualification, for appointment to the post of Lecturer/Asstt. Professor, for under graduate level teaching, because they are admitted for the M.Phil curriculum.

5.1. The learned counsel Mr. S. Borthakur contends that since M.Phil qualified candidates were exempted from the NET/SLET qualification to teach under graduate Level students w.e.f. 14.6.2006, under the 2006 Regulation, the withdrawal of exemption from this group, under the 2009 Regulation, brought into force on 11.7.2009, should not be retrospectively enforced against the petitioners, who are already admitted for the M.Phil curriculum under the Vinayak Mission University.

5.2. Having been appointed in venture institutions, the petitioners have legitimate expectation for provincialisation of their service, under the Provincialisation Act, 2011 and therefore they submit that they be exempted from the NET/SLET qualification, which should be applied prospectively, for appointment of Lecturers/Asstt. Professors, under the Regulation, 2009.

5.3. As the petitioners have admitted themselves in the M.Phil curriculum prior to the Regulation, 2009 coming into force, they contend that their eligibility for appointment to teach under gr