An Assistant Professor possessing an M.Phil. degree obtained prior to 11 July 2009 is exempted from the mandatory requirement of clearing NET/SLET for university-level teaching and is entitled to claim the UGC revised pay scale benefits.

THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PAYING TO QUASHING THE IMPUGNED ORDER BEARING NO.KASHIE/PRAKAMA/21/UGC/VESHRE/2017-18E-1548415 DATED 18.12.2004 ISSUED BY THE 3RD RESPONDENT MARKED IN ANNEXURE-T, CONSEQUENTLY TO GRANTING ALL THE CONSEQUENTIAL BENEFITS.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

1. In this petition, petitioner seeks the following reliefs:

“ a) Issue an appropriate writ order or direction in the nature of Certiorari to quashing the impugned order bearing No. KaShiE/PraKaMa/21/UGC/VeShre/2017-18E 1548415 dated: 18.12.2004 issued by the 3rd respondent marked in Annexure-T, consequently to granting all the consequential benefits, in the interest of justice and equity.

b) Pass such other order or direction deemed just and expedient in the circumstances of the case including the costs.”

2. Heard learned counsel for the petitioners and learned AGA for respondent Nos.1 to 3 and perused the material on record. Though respondent No.4 is served with notice, he has chosen to remain absent and unrepresented.

3. Though several contentions have been urged by both sides in support of their respective claims, the issue in controversy between the parties is directly and squarely covered by the judgment of the Co-ordinate Bench of this Court in the case of Dr.M.S.Veena Vs. State of Karnataka and Ors – W.P.No.21162/2024 dated 24.02.2026, wherein it was held as under:

“This writ petition is filed under Articles 226 and 227 of the Constitution of India, challenging the order dated 08.07.2024 (Annexure-N) passed by the first respondent.

2. The case of the petitioner is that she was appointed as a Lecturer in Sarvajna College of Education, the fourth respondent institution, on 08.02.1999. She completed her postgraduate degree, i.e., M.Ed., in 1998 and obtained her M.Phil. degree in the year 2009. Thereafter, by order dated 07.11.2015 (Annexure-L), the petitioner was granted the University Grants Commission (UGC) pay scale. By the impugned order dated 08.07.2024 (Annexure-N), the UGC pay scale granted to the petitioner has been withdrawn on the ground that one Mr.R.S.Raju, who is similarly situated, is also claiming the same relief. Being aggrieved by the same, the petitioner has approached this Court.

3. The learned counsel appearing for the petitioner has raised the following contentions:

(i) Firstly, on 11.07.2009, the UGC issued Regulations mandating that a candidate must possess NET/SLET/Ph.D. as a compulsory qualification for appointment as a Lecturer in degree colleges. However, the UGC clarified that persons who had obtained an M.Phil. degree prior to 11.07.2009 are exempted from passing NET for UG-level teaching only. Since the petitioner was appointed in the year 1999 and completed her M.Phil. qualification on 14.05.2009, she is rightfully entitled to the UGC pay scale, which was granted by order dated 07.11.2015.

(ii) Secondly, by the impugned order, the UGC pay scale has been withdrawn solely on the ground that one R.S.Raju, who is similarly situated, had approached this Court by filing a writ petition and obtained an order declaring that he is also entitled to the UGC pay scale. The order passed by this Court in the case of R.S.Raju in W.P. No.19006/2021 was challenged by the State before the Division Bench in W.A. No. 1774/2024. The Division Bench confirmed the grant of the UGC pay scale to R.S.Raju. Therefore, the impugned order is contrary to the UGC Regulations and the judgment of this Court. Hence, the learned counsel sought to allow the writ petition.

4. The learned AGA appearing for