JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. These appeals arise out of common background. They have been heard together and are being disposed of by this common judgment. For convenience, we may record the facts as stated in Civil Writ Petition No. 14040/2021.

2. The petitioners had applied for the post of Assistant Professor in Government colleges for which the Rajasthan Public Service Commission ('RPSC', for short) had issued advertisement dated 18.12.2020 for a total number of 918 posts. According to the petitioners, the qualifications and the method of recruitment as provided in the advertisement and which are followed by the RPSC, are not in consonance with the guidelines issued by the University Grants Commission ('UGC', for short) in its latest regulations.

3. Initially, RPSC had issued an advertisement for recruitment on 02.11.2020. However, the said advertisement was withdrawn and a fresh advertisement was issued on 18.12.2020. A corrigendum was issued on 07.06.2020 with which we are not concerned. The eligibility criteria prescribed was, good academic record with at least 55% marks or equivalent grade whenever grade system is followed and master's degree in the relevant subject from an Indian university or an equivalent degree from an accredited foreign university. Besides this, the candidate must have cleared the National Eligibility Test conducted by the UGC or the CSIR or similar test, except for candidates who have been awarded Ph.D. degree in accordance to the UGC (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulations, 2009. The definition of 'good academic' record was adopted from the Government circular dated 21.02.2014 which provides as under:-

"good academic record means an average of atleast 55 percent marks in 3 examinations proceeding to masters degree with atleast 50 percent marks in graduation and any one of the secondary/high school/higher secondary/ senior secondary or equivalent grades in the points scale wherefrom grading system is followed without including any grace marks and/or rounding of to make it 55 percent or 50 percent as the case may be."

4. The petitioners would point out that in exercise of powers conferred by the proviso of Article 309 of the Constitution, the State Government has framed the Rajasthan Educational Service (Collegiate Branch) Rules, 1986 (hereinafter referred to as 'Rules of 1986') which pertains to the method of recruitment and service conditions of various teaching staff in the Government colleges, one of the posts being that of Lecturer which is now re-designated as Assistant Professor. As per the Schedule to the said Rules of 1986, the minimum qualification and experience for direct recruitment for the said post is "as laid down from time to time by the University of Rajasthan". The State Government amended the said Rules of 1986 vide notification dated 31.01.2018, by which the definition of term 'Regulations' has been inserted as to mean the University Grants Commission (Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and Other Measures for Maintenance of Standards in Higher Education) Regulation, 2010 as amended from time to time and as adopted by the State Government. Vide this amendment, the existing Schedule to the Rules of 1986 has also been substituted. This Schedule provides method of recruitment, minimum qualifications and experience for direct recruitment etc. for different teaching posts in the Government colleges, one of them being Assistant Professor. The minimum qualification and experience for direct recruitment provided in this Schedule is same as advertised by RPSC in its advertisement dated 18.12.2020.

5. The petitioners further point out that UGC framed fresh Regulations called University Grants Commission (Minimum Qualifications for appointment of Teachers and other Academ