DR DIKSHA MOLPA vs STATE OF UTTARAKHAND

2026:UHC:3110-DB

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Service Bench No. 291 of 2024
24 April, 2026
Dr Diksha Molpa

--Petitioner

Versus
State Of Uttarakhand & others
--Respondents
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Presence:-
Mr. Abhijay Negi, learned counsel for the petitioner.
Mr. S.S. Chaudhary, learned Standing Counsel for the State.
Ms. Anjali Bhargava, learned counsel for respondent no.2.
Dr. Kartikey Hari Gupta, learned counsel for respondent no.3.

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Coram :Hon’ble Manoj Kumar Tiwari, J.
Hon’ble Pankaj Purohit, J.

Hon’ble Manoj Kumar Tiwari, J. (Oral)




Hemwati Nandan Bahuguna Garhwal
University issued an advertisement on 25.01.2023
inviting applications for appointment to the post of
Assistant Professor in various departments, including
one post of Assistant Professor in the School of Life
Sciences (Department of Biotechnology). The essential
qualifications, as mentioned in the advertisement, are as
follows:-
“ Essential Qualifications-
1. The qualification and experience required for
teaching posts will be as per 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, 2018 and its
subsequent amendments including 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),
th
2021 dated 11 October, 2021.”

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2. Since the advertisement refers to UGC
Regulations, 2018 for academic qualifications needed for
appointment, therefore, English translation of relevant
clause of the said UGC Regulations, 2018 are as follows:-
“4.0 Direct Recruitment

4.1 For the Discipline of Arts, Commerce, Humanities, Education,
Law, Social Sciences, Sciences, Languages, Library Science,
Physical Education, and Journalism & Mass Communication.

I. Assistant Professor:

Eligibility (A or B)
A.
i) A Master's degree with 55% marks (or an equivalent
grade in a point-scale wherever the grading system is
followed) in a concerned/relevant/allied subject from
an Indian University, or an equivalent degree from an
accredited foreign university,
ii)Besides fulfilling the above qualifications, the candidate
must have cleared the National Eligibility Test (NET)
conducted by the UGC or the CSIR, or a similar test
accredited by the UGC, like SLET/SET or who are or have
been awarded a Ph.D. Degree in accordance with the
University Grants Commission (Minimum Standards and
Procedure for Award of M.Phil/Ph.D. Degree) Regulations,
2009 or 2016 and their amendments from time to time as
the case may be exempted from NET/SLET/SET:
Provided, the candidates registered for the Ph.D.
programme prior to July 11, 2009, shall be governed by
the provisions of the then existing Ordinances/Bye-
laws/Regulations of the Institution awarding the degree
and such Ph.D. candidates shall be exempted from the
requirement of NET/SLET/SET or recruitment and
appointment of Assistant Professor or equivalent positions
in Universities/Colleges/Institutions subject to the
fulfillment of the following conditions:

a) The Ph.D. degree of the candidate has been
awarded in a regular mode;
b) The Ph.D. thesis has been evaluated by at least
two external examiners;
c) An open Ph.D. viva voce of the candidate has
been conducted;
d) The Candidate has published two research
papers from his/her Ph.D. work, in
conferences/seminars sponsored/ funded/
supported by the UGC/ICSSIR/CSIR or any similar
agency.

The fulfilment of these conditions is to be certified by the
Registrar or the Dean (Academic Affairs) of the University
concerned.”

3. Petitioner as well as respondent no. 4 applied
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for the lone post of Assistant Professor (Biotechnology) in
the Department of Life Sciences. Respondent no.4 was
declared successful against that post, and petitioner
remained unsuccessful. Petitioner has questioned
eligibility of respondent no.4 for appointment to the said
post.
4. In this writ petition, petitioner has challenged
selection of respondent no.4 as well as the decision taken
by Executive Council of HNB Garhwal University of
accepting the recommendation made by Selection
Committee, in its meeting held on 06.02.2024. Challenge
to the selection of respondent no. 4 is made on the
following three grounds:
(i) Although respondent no.4 qualified National
Eligibility Test (NET), but she has not qualified the
NET conducted by Council of Scientific and
Industrial Research (CSIR), but has qualified NET
conducted by Indian Council of Agricultural
Research (ICAR), thus, she is not eligible in terms of
the UGC Regulations, 2018, which recognizes NET
qualified from CSIR or UGC.
(ii) Respondent no. 4 was awarded Ph.D. degree
after last date of submission of application pursuant
to the advertisement dated 25.01.2023, therefore,
she was not eligible for appointment or, at any rate,
she could not have been selected for want of Ph.D.
degree.
(iii) Respondent no. 5 was declared to be ineligible
by Uttarakhand Public Service Commission for
appointment to the post of Assistant Professor
(Botany), therefore, respondent no.5 could not have
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been treated as eligible for appointment as Assistant
Professor (Biotechnology) in HNB Garhwal
University.
5. In the counter affidavit filed by Registrar, HNB
Garhwal University, notification dated 04.10.1999 issued
by UGC is enclosed. A perusal thereof reveals that a joint
meeting of University Grants Commission, Indian Council
of Agricultural Research, and Council of Scientific and
Industrial Research was held on 18.01.1999, in which it
was decided that the aforesaid three agencies would
mutually recognize the NET examination conducted by
each of them separately and the decision taken in that,
meeting was accepted by UGC in its meeting held on
04.02.1999.
6. Since University Grants Commission has
issued a notification based on recommendation made by
Joint Committee meeting held on 18.01.1999, therefore,
eligibility of respondent no.4 cannot be doubted merely
because she has qualified the NET conducted by Indian
Council of Agricultural Research (ICAR). The effect of the
notification dated 04.10.1999 would be that NET
qualification from ICAR would be treated as equivalent to
NET qualification from CSIR or UGC, as the case may be.
7. Ms. Anjali Bhargava, learned counsel
appearing for respondent-UGC submits that candidate
who has qualified NET conducted by Indian Council of
Agricultural Research (ICAR) is to be treated as sufficient
for appointment to a teaching post in the University in
subjects for which ICAR conducts National Eligibility Test
(NET).
8. In such view of the matter, first ground of
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2026:UHC:3110-DB
challenge to the eligibility of respondent no.4 is
unsustainable in the eyes of law.
9. Petitioner has challenged eligibility of
respondent no.4 also on the ground that she was
awarded Ph.D. degree after the last date of submission of
applications. Learned counsel for the University submits
that since respondent no.4 was having NET qualification
from Indian Council of Agricultural Research (ICAR),
which is equivalent to NET qualification from UGC or
CSIR, therefore, respondent no.4 was treated as eligible.
As per UGC Regulations 2018, anyone who has cleared
NET is eligible for appointment and Ph.D. degree
becomes essential for candidates who have not qualified
NET. Since respondent no.4 is having NET qualification,
therefore, she is eligible for appointment,
notwithstanding the fact that she was awarded Ph.D.
degree after the last date of submission of application.
10. Third ground of challenge raised by learned
counsel for the petitioner cannot be sustained in the
absence of relevant material to demonstrate that
qualifications needed for appointment as Assistant
Professor (Botany) in Government Colleges in the
selection held by Uttarakhand Public Service
Commission, were identical to the qualifications required
by HNB Garhwal University for appointment as Assistant
Professor (Biotechnology). Thus, merely because
respondent no.4 was held to be ineligible by Uttarakhand
Public Service Commission for appointment to a different
post, cannot be a valid ground for non-suiting her for
appointment to a post in a Central University, where the
qualification required for appointment may be different.
11. Even otherwise also, each body holding
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selection for appointment to a post can have a different
perception regarding eligibility of a candidate based on its
understanding of the relevant rules or the opinion of
subject experts. Therefore, view taken by one selecting
body cannot be a benchmark for assessing eligibility of
petitioner for appointment to the post of Assistant
Professor in HNB Garhwal University in a different
subject.
12. Thus grounds taken for challenging the selection of
respondent no.4 are bereft of merit. Thus, there is no
scope for interference in the matter. The writ petition fails
and is dismissed.


(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
24.04.2026

AK

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