Hemant Gupta, CJ.

The petitioner initially filed the present writ petition for issuance of a writ in the nature of prohibition, to restrain the respondents from removing her from the post of Assistant Professor but later on challenge was made to the communication dated 13.02.2017 based on the resolution of the Executive Council of the University dated 10.02.2017 (Annexure P-59). The basis of action against the petitioner and other nine candidates is that such candidates were ineligible for appointment as Assistant Professors as the Ph.D. degree was not awarded to them in accordance with the provisions of UGC (Minimum Standards and Procedure for Awards of M.Phil/Ph.D. Degree), Regulation, 2009 (in short "the UGC Regulations 2009") published in the Gazette of India, July 11, 2009.

2. The respondent-University was earlier established on 18th July, 1946 under the University of Saugor Act, 1946 prior to the Independence of the Country when it was named as “Sagar University” or "University of Saugor”, C.P. & Berar Province". In February, 1983, its name was changed to that of Dr. Hari Singh Gour University, Sagar. However, it became a Central University after coming into force of the Central Universities Act, 2009.

3. An advertisement was published on 30.10.2010 to fill the various faculty positions by way of rolling/open advertisement. The last date for submission of the application forms was 15.12.2010 but by way of Corrigendum dated 20.11.2010, the last date was extended up to 21.12.2010. In response to such advertisement, the petitioner was appointed on 20.05.2013 because of her Ph.D. degree granted by the respondent-University on 15/21st December, 2009 (Annexure P-15).

4. The services of the petitioner were earlier terminated on 8/9th July, 2014 for the reason that she does not satisfy the minimum eligibility criteria prescribed by the 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 (for short "the UGC Regulations 2010") for the post of Assistant Professor. Such termination was challenged successfully by the petitioner by filing a writ petition bearing W.P. No.11934/2014 (Dr. Vandana Rajoriya v. Dr. Hari Singh Gaur Vishwavidyalaya and others) wherein the question of termination was agreed to be decided by the Executive Council of the University. It is in pursuance to such decision that the matter was considered by the Executive Council.

5. The Executive Council decided to constitute a committee comprising of five members to determine the eligibility of Assistant Professors in question vis-a-vis the eligibility criteria stipulated in the UGC Regulations 2010 and also contained in the letter No.F.9-3/2010(PS)/Misc dated 20.11.2012 by the Secretary UGC addressed to the then Vice Chancellor of the University.

6. The Executive Council in its meeting dated 10.02.2017 extracted the findings of the Committee dated 23.08.2015 (Annexure P-58). The relevant extract is reproduced for ready reference:-

"1. Seven (07) Assistant Professors, in spite of not being NET/SLET/SET qualified were found eligible by the Committee as the PhD degree awarded to them was found in accordance with the UGC Regulations 2009 governing PhD programme. Thus they satisfy the eligibility criteria stipulated in the UGC Regulations-2010, and as also reiterated by the Secretary of the UGC in his letter no.F.9-3/2010(PS)/Misc. dated 20.11.2012 addressed to the then Vice Chancellor.

2. Eleven (11) Assistant Professors were found not eligible by the committee as neither they possess NET/SLET/SET nor the PhD degree awarded to them is in accordance with the UGC Regulations 2009, governing PhD programme. Thus, they do not satisfy the eligibility criteria stipulated in the UGC Regulations-2010 and as also reiterated by the Secr