1. Appointment of Lecturer — Eligibility criteria — Exemption from National Eligibility Test (NET) for Ph.D. holders — Dispute over applicability of UGC Regulations. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 )
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2022 Supreme(SC) 741
SUPREME COURT OF INDIA
UDAY UMESH LALIT, S. RAVINDRA BHAT, SUDHANSHU DHULIA, JJ.
University Of Kerala And Ors. Etc. – Appellants
Versus
Merlin J.N. And Anr. etc. etc. - Respondents
Civil Appeal No(S). 5309-5314 of 2022 (@ Special Leave Petition (Civil) No(S). 13841-13858 of 2020), Civil Appeal No(S). of 2022 (@ Special Leave Petition (Civil) No(S). 12591-12596 of 2020)
Decided on : 17-08-2022
Advocates Appeared:
For the Petitioner(s): Mr. V. Giri, Sr. Adv. Mr. Mohammed Sadique T.A., AOR Mrs. Anu K. Joy, Adv. Mr. Alim Anvar, Adv. Mr. Abraham C. Mathews, Adv. Mr. Lakshmeesh S. Kamath, AOR Ms. Samriti Ahuja, Adv.
For the Respondent(s): Mr. Raj Panjwani, Sr. Adv. Ms. Purnima Bhat, AOR Mr. Kaleeswaram Raj, Adv. Mr. A. Lakshminarayanan, AOR Ms. Thulasi K. Raj, Adv.
For the Petitioner(s): Mr. V. Giri, Sr. Adv. Mr. Mohammed Sadique T.A., AOR Mrs. Anu K. Joy, Adv. Mr. Alim Anvar, Adv. Mr. Abraham C. Mathews, Adv. Mr. Lakshmeesh S. Kamath, AOR Ms. Samriti Ahuja, Adv.
For the Respondent(s): Mr. Raj Panjwani, Sr. Adv. Ms. Purnima Bhat, AOR Mr. Kaleeswaram Raj, Adv. Mr. A. Lakshminarayanan, AOR Ms. Thulasi K. Raj, Adv.
Important Points
The main legal point established in the judgment is the retrospective application of the 2016 UGCR to protect Dr. Jayakumar's appointment as Lecturer in Sociology by the University.
Subject
Education Law - University Regulations and Appointments
Act Referred
UNIVERSITY GRANTS COMMISSION ACT: S.26(3), S.15
University Grants Commission Minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges and other measures for the maintenance of standards in higher education 3th Amendment Regulations: Reg.3.3.1, Reg.4.4.1, Reg.4.4.2, Reg.4.4.2.2, Reg.4.4.2.3, Reg.4.5.3, Reg.4.6.3
University Grants Commission Minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges and other measures for the maintenance of standards in higher education 3th Amendment Regulations: Reg.3.3.1, Reg.4.4.1, Reg.4.4.2, Reg.4.4.2.2, Reg.4.4.2.3, Reg.4.5.3, Reg.4.6.3
Headnote
UGC Regulations - Appointment of Lecturer - 2000 UGCR, 2002 UGCR, 2006 UGCR, 2009 UGCR, 2010 UGCR, 2016 UGCR, 2018 UGCR
Fact of the Case:
Dr. M.S. Jayakumar's appointment as Lecturer in Sociology by the University of Kerala was challenged. The issue involved the legality of Dr. Jayakumar’s appointment as Lecturer in Sociology by the University. The High Court set aside the appointment.
Finding of the Court:
The court found that Dr. Jayakumar's appointment was protected by the 2016 UGCR, which is applicable retrospectively. The appeals were allowed, the impugned judgment was set aside, and all applications were disposed of accordingly.
Issues: The legality of Dr. Jayakumar’s appointment as Lecturer in Sociology by the University, the interpretation of UGC regulations, and the retrospective application of the 2016 UGCR.
Ratio Decidendi: The court held that Dr. Jayakumar's appointment is protected by the 2016 UGCR, which is applicable retrospectively.
Final Decision: The appeals were allowed, the impugned judgment was set aside, and all applications were disposed of accordingly.
Legal Category Hierarchy
Table of Contents
2. Whether pre-2009 Ph.D. holders are exempt from NET under 2009/10 UGCR and whether 2016 UGCR amendments apply retrospectively to pending proceedings. (Para 9 , 10 , 11 , 12 )
3. The 2016 and 2018 UGCR amendments were designed to remedy hardships faced by pre-2009 Ph.D. holders, indicating a clear intent for retrospective application. (Para 13 , 14 , 15 , 16 , 17 , 18 , 21 , 22 , 25 , 26 )
4. Statutory provisions that are declaratory, curative, or clarificatory, intended to explain previous law or remove doubts, are generally construed as having retrospective operation. (Para 19 , 20 , 23 , 24 )
5. Appeals allowed — Impugned judgment set aside — Appointment of Lecturer upheld as protected by retrospective application of 2016 UGCR. (Para 27 )
6. When can a statutory provision be construed as having retrospective operation?
A provision is retroactive if expressly declared so, or if the intention is clearly implicit from the words and context. Specifically, declaratory, curative, or clarificatory amendments intended to explain previous law or remove doubts are generally construed as retrospective. (Para 19 , 20 , 23 , 24 )
7. Does the 2016 UGCR provide NET exemption for candidates who registered for Ph.D. programs prior to July 11, 2009?
Yes, the 2016 UGCR (and subsequently the 2018 UGCR) exempts Ph.D. candidates registered prior to July 11, 2009, from the NET requirement, provided they meet specific conditions regarding regular mode, external evaluation, viva voce, and publications. (Para 10 , 17 , 18 )
8. Should courts take notice of changes in law that occur while proceedings are pending?
Yes, it is the duty of courts, whether in original proceedings or appeals, to take notice of changes in law affecting pending actions and give effect to them if the amendment's language indicates it covers pending matters. (Para 22 )
JUDGMENT :
S. RAVINDRA BHAT, J.
1. Leave granted. With consent of the learned counsels, the appeals were heard finally. The appellants (in the first appeal, Dr. M.S. Jayakumar, and in the second appeal, the University of Kerala (hereinafter, “University”) challenge a common judgment of the Division Bench of the Kerala High Court. 1[In W.A. No. 1713, 1744 & 1792 of 2018 and the common orders passed in R.P. No. 688-90 of 2020 by Kerala High Court.] The issue involved is the legality of Dr. Jayakumar’s appointment as Lecturer in Sociology by the University. The High Court concurrently set aside that appointment.
2. Dr. Jayakumar completed his graduation in Sociology in the year 1999, acquired his M.Phil. in the year 2000, and Ph.D. on 23.08.2006. The regulations prescribing qualifications for appointment promulgated by the University Grants Commission (hereinafter, “UGC”) were the UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, introduced in March 2000 (hereinafter, “2000 UGCR”). They prescribed passing the National Eligibility Test (hereinafter, “NET”) as an essential condition for appointment as Lecturer in any university. The 2000 UGCR exempted candidates who had acquired M. Phil or submitted their Ph.D. thesis by 31.12.1993 from taking the NET. 2[“NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D. degree. However, the candidate who have completed M.Phil. degree or have submitted Ph.D. thesis in the concerned subject up to 31st December, 1993, are exempted from appearing in the NET examination.”]
3. The 2000 UGCR were amended on July 2002 (hereinafter, “2002 UGCR/first amendment”). As a consequence, those who had acquired M.Phil. by 31.03.1993 or had submitted their Ph.D. thesis by 31.12.2002 were exempted from taking the NET. 3[“NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D. degree. However, the candidates who have completed M.Phil. degree by 31st December, 1993 or have submitted Ph.D. thesis to the university in the concerned subject on or before 31st December, 2002 are exempted from appearing in the NET examination. In case such candidates fail to obtain Ph.D. degree, they shall have to pass the NET examination.”] In June 2006, the regulations were further amended (hereinafter, “2006 UGCR/second amendment”). 4[“NET shall remain the compulsory requirement for appointment as Lecturer for those with post-graduate degree. However, the candidates having Ph.D. degree in the concerned subject are exempted from NET for PG level and UG level teaching. The candidates having M.Phil. degree in the concerned subject are exempted from NET for UG level teaching only.”]
4. The next round of amendments was made to the regulations on 11.07.2009 (hereinafter, “2009 UGCR/third amendment”). By this amendment, for the first time, the minimum stipulation for appointment of Lecturer was NET. However, candidates who had acquired their Ph.D. in compliance with the UGC (Minimum Standards and Procedure for Award of M. Phil/Ph.D. Degree) Regulations 2009 (hereinafter, “2009 Ph.D. Regulations”), introduced on 01.06.2009, were exempt from qualifying in the NET. The substituted provision in the 2009 UGCR read as follows:
“NET/SLET shall remain the minimum eligibility condition for recruitment and appointment of Lecturers in Universities/Colleges/Institutions. Provided, however, that candidates, who are or have been awarded Ph.D. Degree in compliance of the University Grants Commission (minimum standards and procedure for award of Ph.D. Degree), Regulation 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions.” 5[Reg. 4, 2009 UGCR.]
5. The 2009 Ph.D. Regulations prescribed uniform standards for admission t
