Back
2026 Supreme(Online)(Del) 1086
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Narula, J
Praveen Saroha – Appellant
Versus
Govt. Of Nct Of Delhi – Respondent
W.P.(C) 19759/2025 | CM APPL. 82564-82566/2025
For the Appellants/Petitioners: Harsh Bhatia
For the Respondents: Rahul Sharma, Mani Kant, Shikha Singh, Rohit Rana, Pera Sharma
The legality of recruitment qualifications for university posts must be determined by assessing whether the functional responsibilities and pay scales of the designated post are equivalent to those prescribed under the statutory regulations of the UGC and AICTE.
Headnote:The case involves a challenge to a recruitment notice for the post of Director, Physical Education in a university, specifically questioning whether the prescribed qualifications align with the statutory framework established by the University Grants Commission and the All India Council for Technical Education. The Petitioner contends that the post mandates a Ph.D. and specific years of experience under these regulations, arguing that the notice is deficient. The court identifies the core issue as whether the specific designation in the recruitment notice is functionally equivalent to the positions defined in the regulatory framework. The main issue is framed as: "whether a post designated as Director, Physical Education in a statutory university can be treated as equivalent or analogous to the post of Assistant Director, Physical Education under the UGC and AICTE regulatory framework." The court determines that further clarification is required from the governing authority regarding the status and equivalence of the post, necessitating an affidavit to ensure regulatory adherence. Notice is issued, a counter-affidavit is directed to be filed, and the selection process may continue subject to the restriction that no final selection shall be made before the next date of hearing.
| Table of Content |
|---|
| 1. challenge to recruitment qualifications based on regulatory non-compliance. (Para 1 , 2 , 3) |
| 2. determination of functional equivalence between designated and regulatory posts. (Para 4) |
| 3. granting interim relief pending clarification from government authorities. (Para 5 , 6 , 7 , 8) |
O R D E R
05.01.2026
1. The Petitioner assails Recruitment Notice dated 24th October, 2025, insofar as it relates to the post of Director, Physical Education.
2. In short, Petitioner’s contention is that Respondent No. 2, Netaji Subhas University of Technology, was conferred the status of a University on 23rd August, 2018 under the Delhi Netaji Subhas University of Technology Act, 2017. Consequent thereto, Respondent No. 2 is governed by the statutory framework prescribed by the University Grants Commission1“UGC” and the All India Council for Technical Education.2“AICTE” It is submitted that, under the applicable UGC and AICTE Regulations, the post of University Director of Physical Education mandates a Ph.D. in Physical Education / Sports Science along with minimum ten years’ experience as University Assistant/Deputy Director of Physical Education or equivalent. Since the impugned recruitment notice does not prescribe these mandatory qualifications, it is urged that the same is liable to be set aside.
3. Per contra, Mr. Rahul Sharma, learned ASC for the University, does not dispute the status of Respondent No. 2 or the applicability of the UGC and AICTE norms. He submits that, notwithstanding the nomenclature of the post as “Director, Physical Education”, the nature of duties and responsibilities attached thereto correspond to the post of Assistant Director, Physical Education as contemplated under Clause 6.4 of the AICTE Regulations dated 1st March, 2019 and Clause 4.8 of the UGC Regulations dated 18th July, 2018. It is further submitted that prior to attaining status of ‘University’, Respondent No. 2, as an institute under GNCTD, had a sanctioned post of Director, Physical Education (Group-A, Non-Teaching) in Pay Band-3 with Grade Pay of INR 6,000/-, which was equivalent in pay scale and minimum qualifications to:
(a) Assistant Director – Physical Education under AICTE; and
(b) Assistant Director of Physical Education and Sports / College Director of Physical Education and Sports under UGC.
4. Having considered the rival submissions, the central issue that arises for consideration is whether a post designated as Director, Physical Education in a statutory university can be treated as equivalent or analogous to the post of Assistant Director, Physical Education under the UGC and AICTE regulatory framework. Since Respondent No. 2 presently functions as a university under GNCTD, clarification from Respondent No. 1 on this aspect is necessary.
5. Issue notice. Counsel for Respondents mentioned above accepts notice. Counter affidavit(s), if any, be filed within one week from today. Issue notice to Respondent No. 1, upon filing of process fee, by all permissible modes, returnable before the next date of hearing.
6. Upon receipt of notice, Respondent No. 1 is directed to file an affidavit confirming the above position and if so required, if any corrigendum is required to be issued in respect of the impugned recruitment notice.
7. In the meantime, it is directed that the selection process under the impugned notice may continue, however, no final selection be made before the next date of hearing.
8. List on 19th January, 2026.
