UGC Regulations exempt Ph.D. holders compliant with 2009/2016 norms from NET for direct recruitment to Assistant Professor/equivalent posts; prevail over inconsistent university statutes in agricultural universities as ICAR adopts UGC standards.

JUDGMENT :
Jyotsna Rewal Dua, J.

Issue involved in this writ petition is whether the condition of qualifying National Eligibility Test (NET) imposed by the respondent-University for direct recruitment to the post of Scientist/equivalent in the discipline of Seed Science and Technology would be applicable to candidates with Ph.D Degree. According to the petitioner, this condition cannot be imposed upon him being a Ph.D degree holder in view of applicable regulations/guidelines/circulars/notifications issued by the University Grants Commission (UGC) and Indian Council of Agricultural Research (ICAR). The UGC and ICAR have also supported the cause of the petitioner. Respondent-University, however, insists upon condition of qualifying NET for becoming eligible to participate in the selection process even for Ph.D. degree holders, hence the writ petition.

2. The case

2(i) Respondent No.1-State University issued an advertisement on 10.07.2025 inviting applications for several posts of Scientist/Assistant Professor or equivalent in various disciplines including the post of Scientist/equivalent in the discipline of Seed Science and Technology at Serial No.2 of the advertisement. The qualification prescribed for the said posts required qualifying NET from UGC/CISR and ICAR or similar test accredited by UGC in the concerned discipline. The condition of qualifying NET was made compulsory for candidates having Master’s Degree. This condition, however, was specifically termed not essential for the candidates registered for Ph.D prior to 11.07.2009, subject to satisfaction of certain parameters. Being relevant, the clause pertaining to qualification is extracted hereinafter: -

“QUALIFICATIONS:-

Posts at Sr. No. 1 to 15 (Agriculture Faculty)

M.Sc./M.Tech/MBA having qualified NET from UGC/CSIR, ICAR or similar test accredited by UGC in the concerned discipline.

Note:- For the candidates having Master's degree, NET shall remain compulsory along with one publication in NAAS (National Academy of Agricultural Sciences, New Delhi) rated refereed journal for recruitment to the post of Assistant Professor and equivalent in the disciplines in which NET is conducted.

Provided that NET essentiality for recruitment to the post of Assistant Professor and equivalent in the disciplines in which NET is conducted, for the candidates registered for Ph.D prior to July 11, 2009 shall be exempted subject to the conditions that:

a) Ph. D degree of the candidate awarded in regular mode only;

b) Evaluation of the Ph. D thesis by at least two external examiners; c) Open Ph. D viva-voce of the candidate had been conducted;

d) Candidate has published two research papers from his/her Ph.D. work out of which at least one must be in refereed Journal;

e) Candidate has made at least two presentations in conference/seminars, based on his/her Ph. D. work.

a) to e) as above are to be certified by the Vice- Chancellor/concerned Deans.”

2(ii) Petitioner is a Ph.D degree holder. He completed his Ph.D degree as per UGC (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations 2016. Petitioner obtained Master’s Degree in Seed Science and Technology from respondent No.1-University on 22.12.2020 with 70% marks. Ph.D. degree was awarded to him on 08.05.2025 with 78.5% marks. Being interested in the post of Scientist/equivalent in the discipline of Seed Science and Technology, advertised by respondent No.1-University on 10.07.2025, the petitioner applied for the post. Petitioner, however, has not qualified NET. The respondent-University did not consider petitioner’s candidature for the post in question as valid. The advertisement dated 10.07.2025 is though categorical with regard to the requirement of qualifying NET for candidates possessing Master’s Degrees and its exemption for those who had registered f