JUDGMENT :

1. Heard Sri Sanjeev Singh, learned counsel for the petitioner, Ms. Pooja Agarwal, learned counsel for the University and Sri Sudhanshu Srivastava, learned counsel for the Indian Council of Agricultural Research.

2. Petitioner before this Court questions the rolling advertisement no. 01 of 2023-24 dated 28.06.2023 issued by Banaras Hindu University (6th respondent) in so far as it provides for 4 years Honor's Bachelor's Degree as an essential qualification for the post of Assistant Professor in the Department of Genetics and Planned Breeding.

3. The argument is two fold: (i) for the purpose of appointment on the post of Assistant Professor in a recognized University at Master's level the minimum qualification prescribed for by the University Grants Commission through its guidelines would prevail; and (ii) while the University Act have prescribed for additional qualification as a preferential qualification but could not have modified the minimum qualification prescribed as eligibility for the post in question.

4. In support of his first argument, learned Advocate has taken the Court through the UGC Regulations, 2018 that prescribed minimum qualification for the post of Assistant Professor, Associate Professor and Professor in the Universities and Colleges running Bachelor's and Master's Courses and Senior Professors in the Universities on the basis of merit and through an All India Advertisement. Regulation 1 of the UGC Regulations states that it shall apply to Universities and College Teachers and cadre of Librarian etc. while regulation 1.1 provides norms of standards for teaching positions in various disciplines that includes Agriculture in the University. Regulation 3 provides for recruitment and qualifications and regulation 3.4 and 4.1(i) provide for minimum marks that a candidate must have and also the minimum degree with minimum percentage of marks. Regulation, 1, 1.1, 3.1, 3.2, 3.4, 3.4(i), 3.5, 3.6, 4, 4.1, 4.1(I), A(i) and (ii) are reproduced hereunder:

Minimum qualifications for the post of Senior Professor, Professors and Teachers, and other Academic Staff in Universities and Colleges and revision of pay scales and other Service Conditions pertaining to such posts.

1.0 Coverage

These Regulations are issued for minimum qualifications for appointment and other service conditions of University and College teachers and revision of pay scales Directors of Physical Education and Sport for maintenance of standards in higher education and revision of pay-scales.

1.1 For the purposes of direct recruitment to teaching posts in disciplines relating to university and collegiate education, interalia in the fields of health, medicine, special education, agriculture, veterinary and allied fields, technical education, teacher education, norms or standards laid down by authorities established by the relevant Act of Parliament under article 246 of the Constitution for the purpose of co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions, shall prevail.

i. Provided that where no such norms and standards have been laid down by any regulatory authority, UGC Regulations herein shall be applicable till such time as any norms or standards are prescribed by the appropriate regulatory authority.

ii. Provided further that for appointment to the post of Assistant Professor and equivalent positions pertaining to disciplines in which the National Eligibility Test (NET), conducted by the University Grants Commission or Council of Scientific and Industrial Research as the case may be, or State Level Eligibility Test (SLET) or the State Eligibility Test (SET) conducted by bodies accredited by the UGC for the said purpose, qualifying in NET/SLET/SET shall be an additional requirement.

1.2 Every university of institution deemed to be University, as the case may be, shall as soon as may be, but not later than within six months of the coming into force of these