The UGC Regulations of 2018 must be adhered to by the State Government in recruitment processes, as they provide broader eligibility criteria than previous regulations.

JUDGMENT

1. These petitions arising out of similar facts have been heard together and are being disposed of by this common judgment. For convenience facts may be noted from Civil Writ Petition No.307/2021. The grievance of the petitioners is that the State Government has not followed the UGC guidelines contained in its Regulations dated 18.07.2018 in relation to the recruitment for the post of Assistant Professor advertised by the Rajasthan State Public Service Commission on 18.12.2020.

2. The petitioners seek appointment on the post of Assistant Professor Botany or Zoology as the case may be. They point out that earlier regulations of UGC called UGC Regulations on Minimum Qualifications For Appointment Of Teachers and Other Academic Staff in Universities And Colleges and Measures For the Maintenance of Standards in Higher Education, 2010 (hereinafter to be referred as 'the UGC Regulations of 2010') recognised only Master's degree in the relevant subject as the eligibility condition. The UGC however superseded these UGC Regulations of 2010 by UGC Regulations on Minimum Qualifications For Appointment Of Teachers and Other Academic Staff in Universities And Colleges and Measures For the Maintenance of Standards in Higher Education, 2018 (hereinafter to be referred as 'the UGC Regulations of 2018') which were promulgated vide notification dated 18.07.2018. In such regulations, for the post of Assistant Professor eligibility criteria laid down. Relevant portion of which reads as under:-

'I. Assistant Professor: Eligibility (A or B):

A.

i) A Master's degree with 55% marks (or an equivalent grade in a point-scale wherever the grading system is followed) in a concerned/relevant/allied subject from an Indian University, or an equivalent degree from an accredited foreign university.'

3. The petitioners would thus point out that under the UGC Regulations of 2018 the eligibility criteria for appointment to the post of Assistant Professor by way of direct recruitment is Master's degree with 55% marks or equivalent in concerned/relevant/allied subject from an Indian or an accredited foreign university. This is in contrast to the previous UGC Regulations of 2010 where the Master's degree in relevant subject alone was recognised as essential eligibility criteria. Thus, the UGC Regulations of 2018 expand the eligibility criteria from the candidates holding Masters Degree in relevant subjects to all candidates holding Masters Degree in concerned/relevant/allied subjects. This would essentially widen the zone of consideration and make the competition for recruitment more stiff.

4. Learned advocates for the petitioners pointed out that the State Government has adopted these Regulations subject to certain modifications. Our attention was drawn to a circular dated 01.10.2018 issued by the Government of Rajasthan sanctioning revision of existing pay scales for teaching staff of the Government colleges in terms of the UGC Regulations of 2018. In this circular it has been provided as under:-

'14.Notwithstanding anything contained in this order, the Revised Pay (UGC) shall be subject to the condition that the relevant provisions of Ordinance/Statutes etc of University in regard to qualification, mode of recruitment / appointment to different posts, grant of annual increments / conditions of eligibility for senior and selection scales of Assistant Professor etc. shall be amended with effect from 01.01.2016 strictly in conformity with the guidelines contained in Government of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi letter No.F.1-7/2015-U.II (1) dated 02.11.2017 as amended from time to time and University Grants Commission Regulations (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) 2018 immediately after their issuance except age of superannuation and full pension i.e. 50% of average pay