Mohammad Anees & Ors. vs National Education Society For Tribal Students & Ors.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on : 21.05.2026
Judgment delivered on : 03.07.2026
Judgment uploaded on : As per Digital Signature~

+ W.P.(C) 11316/2024

MOHAMMAD ANEES & ORS. .....Petitioners
versus
NATIONAL EDUCATION SOCIETY FOR
TRIBAL STUDENTS & ORS. .....Respondents

Advocates who appeared in this case

For the Petitioners : Mr. Saaket Jain, Ms. Shivangi Anand, Mr.
Ankur Singhal and Mr. Sarthak Kumar
Meena, Advs.


For the Respondents : Mr Somesh Chandra Jha and Mr Anand K
Singh, Advs. for R-1.
Mr. Reavthy Raghavan and Ms. Vanshika
Verma, Advs. for R-3.

CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

JUDGMENT
V. KAMESWAR RAO, J.

CM APPL. 46877/2024 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application is disposed of.
CM APPL. 28190/2026 (Permission to place on record reply filed by


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respondent no. 3 in a similar matter [W.P. (C) No. 12244 of 2025])

3. For the reasons stated in the application, the same is allowed.
4. The application is disposed of.
W.P.(C) 11316/2024, CM APPL. 46876/2024
5. This petition has been filed by four persons, primarily against the
respondent No. 1- National Education Society for Tribal Students, seeking
the following reliefs:-
“A. Writ of Certiorari quashing the impugned emails
dated 19.06.2024 vide which candidature of the
Petitioners for EMRS Recruitment has been arbitrarily
cancelled.
B. Writ of Certiorari quashing/modifying any list of
candidates for the purpose of joining to an extent that
it does not contain the Name/Roll No. of the
Petitioners.
C. Declare the Para 5 of UGC Guidelines for Pursuing
Two Academic Programmes Simultaneously 2022 and
any clause of the subsequent circular to that effect
wherein it has been said that No retrospective benefit
can be claimed by the students who have already done
two academic programmes simultaneously prior to the
notification of these guidelines as unconstitutional as it
is arbitrary and violative of Article 14 of the
Constitution of India.
D. Writ of Mandamus directing the Respondent No.1 to
treat the Petitioners as successful candidates in view of
valid degrees submitted by them and further issue them
joining letters for the post of PGT under EMRS.
E. Any other Order this Hon’ble Court may deem fit, ex
aqueo at bono.”

6. The learned counsel for the petitioners stated that the petitioners
herein are successful candidates in Eklavya Model Residential Schools
(EMRS) Recruitment, 2023, and have been selected as Post Graduate


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Teachers (PGTs). Petitioner No. 1 and petitioner No.2 have been selected
for the post of PGT (Hindi); petitioner No. 3 and petitioner No. 4 have been
selected for the post of PGT (English) and PGT (Economics) respectively.
According to him, despite being successful in all stages of the recruitment
process, their documents having been duly verified by the concerned
authorities, and having been issued provisional appointment letters, the
respondent no. 1 had issued communications dated 19.06.2024 stating that
on scrutiny of the documents, it was observed that the petitioners have
pursued two degrees- Master of Arts (M.A.) and Bachelor of Education
(B.Ed.) during the same period, which is not allowed as per the norms,
making them ineligible for the posts they have applied and resulting in
cancellation of their candidatures.
7. The submission of the learned counsel for the petitioners primarily is
that the cancellation of the candidatures of the petitioners is for the reason
that the petitioners have undertaken M.A. as well as B.Ed. courses
simultaneously. In other words, they have pursued two different
qualifications simultaneously, which according to the respondent No. 1 is
impermissible. He stated that this stand is totally erroneous as pursuing two
courses simultaneously has been always allowed by the respondent no. 3-
University Grants Commission (UGC). According to him, there is nothing
on record to indicate that the UGC has expressly barred students from
pursuing two courses/degrees simultaneously. In fact, he relied upon a letter
dated 20.02.2006 of the UGC, which was in reply to a communication of the
Directorate of Education, Government of NCT of Delhi regarding validity of
two degrees pursued simultaneously wherein the UGC has taken a stand that
two courses can be pursued simultaneously, one through regular mode and


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the other through distance mode. He also referred to the minutes of the
meeting dated 29.12.2012 of the Expert Committee constituted by the UGC
wherein it was decided that a student enrolled in a degree programme under
regular mode may be allowed to pursue a maximum of one additional degree
programme simultaneously under open/distance mode from the same or a
different university.
th

8. The learned counsel has also made a reference to the 494 meeting of
the UGC wherein a similar approval was granted. Further he has drawn our
attention to an un-starred question No. 955 dated 11.12.2013 asked in the
Parliament, whether the Government is planning to allow students to pursue
multiple degree courses at the same time. Answering the question, the
Government referred to the UGC meeting held on 31.07.2013 wherein it was
stated that UGC has already approved the report of the Expert Committee on
the matter of allowing students to pursue two or more degrees
simultaneously on regular / distance / private / online / part time basis.
According to him, un-starred question No. 405 answered on 25.02.2015 in
the Parliament also corroborates the position that the UGC has allowed
students to pursue two degree programmes at the same time, subject to the
condition that one of the degrees should be in regular mode and the other in
distance mode.
9. It is stated that on 15.01.2016, the UGC issued a public notice titled
“ clarification on allowing students to pursue two degrees simultaneously ” in
which it said that responses received thus far did not endorse the idea of
allowing students to pursue two degrees simultaneously. However,
according to the learned counsel for the petitioners, the same was with
regard to two regular courses. The same would be clear from the notice


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dated 01.05.2017 issued by the Mahatma Gandhi Central University, Bihar
wherein it was clarified that as per the UGC notice dated 15.01.2016,
students are not allowed to pursue two regular degrees.
10. Additionally, he has relied upon to Para 1(B) of the monthly summary
prepared by the Ministry of Human Resource Department for the Cabinet for
the month of May 2020, wherein it was stated that the UGC has approved
the proposal to allow students to pursue two degrees at the same time-one in
regular mode and the other in open and distance learning or online mode.
11. A reference is also made to the response received to an application
under the Right to Information Act, 2005, stating that the UGC has issued
guidelines on 13.04.2024 for pursuing two academic programmes
simultaneously. The said response also stated that prior to 13.04.2022, with
respect to pursuing two academic programmes simultaneously, the UGC has
not framed any policy. According to the learned counsel, in the absence of a
policy, there was no express bar on pursuing two degrees simultaneously.
Despite the aforesaid position being there, the stand of the respondent no. 1
not to recognise the two courses undertaken by the petitioners, i.e., M.A. and
B.Ed. courses, for appointment as PGTs is clearly illegal.
12. In fact, it is his submission that the respondent no. 1 has not shown
any express bar put by the UGC for a student to pursue two courses. He has
submitted that in view of the above, the appointments of the petitioners need
to be revived from the date of their selection.
13. He has relied upon the judgment in the case of Dharampal Satyapal
Ltd. v. Deputy Commissioner of Central Excise, Gauhati and Others,
(2015) 8 SCC 519 to contend that the principles of natural justice are
grounded in procedural fairness which ensures taking of correct decisions


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and procedural fairness is fundamentally an instrumental good, in the sense
that procedure should be designed to ensure accurate or appropriate
outcomes.
14. On the other hand, the learned counsel for the respondent No. 1 stated
that the respondent No. 1, an autonomous society operating under the aegis
of the Ministry of Tribal Affairs, Government of India, conducted a
centralised recruitment for EMRS with the object of attracting the best
nationwide talent. The eligibility criteria as per the Recruitment Rules
consisted of PG degree from any recognised university/institute, along with
B.Ed. degree. He stated that the advertisement made it clear that if the
candidates do not comply with the instructions, they would be summarily
disqualified. The advertisement also stated that those applying in response to
the advertisement should satisfy their eligibility for the post applied. It also
stated that the candidate must have the certificate for the minimum required
qualification at the time of submission of application. His submission is that
the respondent No. 1 being an employer is lawfully entitled to prescribe
rules disqualifying candidates who have pursued two qualifications
simultaneously. He submitted that the eligibility criteria being a PG degree
with a B.Ed degree, any candidate who has secured one of the qualifications
through distance mode must be treated as ineligible for the post of PGT.
15. According to him, the advertisement expressly specifies one and only
one way of achieving two qualifications simultaneously- i.e. pursuing a four
year integrated Bachelor’s course. A candidate having pursued a four year
Bachelor’s course would be treated as equivalent to a candidate having
Bachelor’s degree along with B.Ed degree. By expressly specifying one
non-standard route for achieving the required qualifications, the respondent


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No. 1 clearly excluded any other non-standard method, including the
combination of simultaneous degrees possessed by the petitioners in the
instant case.
16. He stated that since the advertisement does not specifically state that
one of the qualifications can be obtained through distance mode, the same
must be read to mean that both the qualifications must be secured through
physical mode. He also highlighted the fact that a combination of the
qualification acquired through physical mode and distance mode are invalid
as per the applicable norms. A reference is also made to the judgment of the
Supreme Court in the case of Prof. Yashpal v. State of Chhattisgarh, (2005)
5 SCC 420 .
17. Even otherwise, it is his submission that the UGC has never endorsed
simultaneous courses in a manner known to law either by way of executive
action or by issuing any statutory instrument. In this regard, a reference has
been made to the University Grants Commission (Open and Distance
Learning) Regulations, 2017 issued by the UGC.
18. He has stated that the letters/meetings relied upon by the counsel for
the petitioners never resulted in conclusive executive or legislative action by
the UGC in terms of the UGC Act. He also referred to the judgment of the
Supreme Court in the case of Bachhittar Singh v. State of Punjab, 1962
Supp (3) SCR 713 to contend that until the relevant file notings, minutes of
meetings, correspondences are finally effectuated in a manner known to law,
the same remain inchoate. He also relied upon judgment of the Allahabad
High Court in the case of Bhaktiputra Rohtam v. Banaras Hindu
University & Ors., 2024: AHC:24652 . He also relied upon the judgment of
the Full Bench of the Madras High Court in the case of R. Chitra and Ors.


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v. Member Secretary, Government of Tamil Nadu and Ors., 2021 (3) CTC
36 .
19. It is also his submission that no vested right for appointment has been
acquired by the petitioners on account of grant of provisional appointment
letters.
20. He has prayed that the present petition be rejected.

21. We have heard the learned counsel for the parties and perused the
record. From the aforesaid narration of the arguments as submitted by the
counsel for the petitioners and respondent no. 1, it is clear that there is no
guideline, direction or instruction of the UGC, which bars a candidate from
pursuing two courses, one through regular/physical mode and second
through distance mode. The reliance placed by the learned counsel for the
petitioners on the guidelines issued in 2022 is sought to be answered by the
respondent no. 1 by stating that the same specifically bars any retrospective
effect, meaning that the same shall not have a bearing on a candidate
acquiring qualification through both the modes prior to the date of its
issuance. In other words, the submission of learned counsel for the
respondent no. 1 is that the applicability of the guidelines is only prospective
and the qualifications achieved through both the modes are invalid.
22. Suffice it to state, we have taken on record the affidavit filed by the
petitioners, which has placed before us a copy of the short affidavit filed by
the UGC in a similar matter pending adjudication, before the learned Single
Judge titled Ankit Yadav v. National Education Society for Tribal Students
& Ors., W.P.(C) 12244/2025. Therein the UGC has made a reference to the
guidelines issued in the year 2022 which clearly state that a student can
pursue two academic programmes, one in full time physical mode and


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another in open and distance learning (ODL/online mode) or up to two ODL
/ online programmes simultaneously. According to the UGC, the said
th
guidelines have been partially modified in its 589 meeting held on
03.04.2025 to clarify that two academic programmes pursued
simultaneously before issuance of the guidelines in accordance with the
UGC First Degree and Master Degree/Regulations, statutes/ordinances of
the university/universities concerned and by following the norms prescribed
by Statutory Professional Council and the Distance Educational
Council/Distance Education Bureau of the UGC wherever applicable shall
be treated as valid.
23. In fact, the UGC makes a reference to a letter dated 05.06.2025
circulated to all universities and their affiliated colleges/institutions with a
request to implement the revised guidelines for the benefit of the students.
The aforesaid guidelines issued by the UGC do indicate that two courses
pursued simultaneously through regular mode and distance mode are to be
treated as valid. We deem it necessary to reproduce the relevant part of the
affidavit filed by the UGC as under:-
“4) That, UGC has been constituted under the
provisions of the University Grants Commission Act,
1956 (Act No. 3 of 1956) [the "Act"] which came into
force with effect from 05.11.1956. The Act was
legislated to make provisions for the coordination and
determination of standards in universities. Under the
provisions of the Act, UGC has been entrusted with the
duty to take such steps as it may think necessary for the
promotion and coordination of university education
and the determination and maintenance of standards of
teaching, examination, and research therein. The Act
was amended from time to time as situations demanded
by the Parliament. Furthermore, UGC has been vested


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with the power to recommend to any university, the
measures necessary for the improvement of education
and to advise them on the action to be taken to
implement such recommendation(s).
5) That, the UGC issued the "Guidelines for pursuing
two academic programmes simultaneously" in 2022.
These Guidelines interalia provide that a student can
pursue two full-time academic programmes in the
physical mode, provided that in such cases, class
timings for one programme do not overlap with the
class timings of the other programme". A copy of the
UGC Guidelines for pursuing two academic
programmes simultaneously is as annexed as
Annexure- 3/1.
6) That, as per the Guidelines, a student may pursue:
(1) Two academic programmes, one in full-time
physical mode and another in Open and Distance
Learning (ODL)/Online mode:
(II) Up to two ODL/Online programmes
simultaneously.
7) That, it is further clarified that the Degree or
diploma programmes under ODL/Online mode shall be
pursued with only such HEIs that are recognized by
UGC/Statutory Council/Govt. of India for running such
programmes. The Degree or diploma programmes
under these guidelines shall be governed by the
Regulations notified by the UGC and also the
respective statutory/professional councils, wherever
applicable.
8) That, the Guidelines further state that "these
guidelines shall come into effect from the date of their
notification by the UGC. No retrospective benefit can
be claimed by the students who have already done two
academic programmes simultaneously prior to the
notification of these guidelines.
9) That, in its 589th meeting held on 3 April 2025, the
Commission approved a partial modification of the
2022 Guidelines clarifying that two academic
programmes, pursued simultaneously, before issuing of


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these guidelines, in accordance with the UGC First
Degree and Master Degree Regulations,
statutes/ordinances of the university/ universities
concerned, and by following the norms prescribed by
the statutory professional council(s) and the Distance
Education Council/ Distance Education Bureau of the
UGC, wherever applicable, shall be treated as valid.
10) That, the said clarification was formally circulated
vide UGC letter dated 05.06.2025, Notification No.F.1-
6/2007 (CPP-II) (Comp.No.108737) dated 5 June 2025
wherein all the universities and their affiliated
colleges/institutions were requested to implement these
revised guidelines for the benefit of the students. A
copy of the said Notification is as annexed as
Annexure-3/2.
11) That, the University Grants Commission frames the
Regulations and makes the amendments thereof from
time to time after detailed deliberations by the Expert
Committee, which are mandatory in nature and cannot
be overlooked at any stage, and all the
Universities/Institutions/Colleges have been advised to
strictly comply with them.”

24. We also reproduce the guidelines issued by the UGC for pursuing two
academic programmes simultaneously in the following manner:-
“The National Education Policy - NEP 2020 states
that pedagogy must evolve to make education more
experiential, holistic, integrated, inquiry-driven,
discovery-oriented, learner- centred, discussion-based,
flexible, and, of course, enjoyable. The policy envisions
Imaginative and flexible curricular structures to enable
creative combinations of disciplines for study, that
would offer multiple entry and exit points, thus,
removing currently prevalent rigid boundaries and
creating new possibilities for life-long learning and
centrally involve critical and interdisciplinary thinking.
With the rapid increase in demand for higher
education and limited availability of seats in regular


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stream, several Higher Education Institutions (HEIs)
have started a number of programmes in Open and
Distance Learning (ODL) mode to meet the aspirations
of students. It has also led to the emergence of online
education. programmes which a student can pursue
within the comforts of her /his home. The issue of
allowing the students to pursue two academic
programmes simultaneously has been examined by the
Commission keeping in view the proposals envisaged
in the National Education Policy NEP 2020 which
emphasizes the need to facilitate multiple pathways to
learning involving both formal and non-formal
education modes.
In view of above, UGC has framed the following
Guidelines.
Objectives
To allow the students to pursue two academic
programmes simultaneously keeping in view the
following objectives envisaged NEP 2020:

• recognizing, identifying, and fostering the
unique capabilities of each student, by
sensitizing teachers as well as parents to
promote each student's holistic development in
both academic and non-academic spheres;
• no hard separations between arts and sciences,
between curricular and extra- curricular
activities, between vocational and academic
streams, etc. in order to eliminate harmful
hierarchies among, and silos between different
areas of learning;
• multidisciplinarity and a holistic education
across the sciences, social sciences, arts,
humanities, and sports for a multidisciplinary
world in order to ensure the unity and integrity
of all knowledge;
• enabling an individual to study one or more
specialized areas of interest at a deep level,
and also develop character, ethical and
constitutional values, intellectual curiosity,


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scientific temper, creativity, spirit of service.
• offering the students, a range of disciplines
including sciences, social sciences, arts,
humanities, languages, as well as professional,
technical, and vocational subjects to make them
thoughtful, well-rounded, and creative
individuals.
• preparing students for more meaningful and
satisfying lives and work roles and enable
economic independence.
Guidelines
1. A student can pursue two full time academic
programmes in physical mode provided that in such
cases, class timings for one programme do not overlap
with the class timings of the other programme.
2. A student can pursue two academic programmes,
one in full time physical mode and another in Open
and Distance Learning (ODL)/Online mode; or up to
two ODL/Online programmes simultaneously.
3. Degree or diploma programmes under ODL/Online
mode shall be pursued with only such HEIs which are
recognized by UGC/Statutory Council/Govt. of India
for running such programmes.
4. Degree or diploma proğrammes under these
guidelines shall be governed by the Regulations
notified by the UGC and also the respective
statutory/professional councils, wherever applicable.
5. These guidelines shall come into effect from the date
of their notification by the UGC.
Provided that two academic programmes, pursued
simultaneously, before issuing of these guidelines, in
accordance with the UGC First Degree and Master
Degree Regulations, statutes/ordinances of the
university/ universities concerned, and by following
the norms prescribed by the statutory professional
council(s) and the Distance Education
Council/Distance Education Bureau of the UGC,
wherever applicable, shall be treated as valid.
The above guidelines shall be applicable only to the


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students pursuing academic programmes other than
Ph.D. programme.
Based on the above guidelines, the universities can
devise mechanisms, through their statutory bodies, for
allowing their students to pursue two academic
programmes simultaneously as mentioned above.”
(Emphasis supplied)

25. Suffice it to state, the guidelines now issued by the UGC makes it
clear that even those two academic programmes pursued simultaneously
before issuance of the guidelines in the year 2022 shall be treated as valid.
26. We are conscious of the fact that these clarified guidelines were
neither referred by the petitioners nor the respondent no. 1 in their pleadings.
If that be so, we are of the view that the stand of the UGC taken through the
affidavit filed before the learned Single Judge in W.P.(C) 12244/2025, and
the modified guidelines issued by the UGC need to be considered by the
respondent no. 1 to take a decision on the validity of the qualifications of the
petitioners for appointment to the posts of PGT (Hindi), PGT (English) and
PGT (Economics).
27. The respondent No. 1 shall conclude this exercise within a period of
six weeks from the receipt of the copy of this order. It shall pass a reasoned
and speaking order.
28. If the decision of the respondent no. 1 is in favour of the petitioners
then they shall be entitled to appointment on the aforesaid posts in
accordance with the Rules. Their seniority shall be fixed as per their merit in
the selection, with notional pay fixation, but without entitlement to any
arrears.


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29. It is made clear that if the petitioners are aggrieved by any order to be
passed by the respondent No.1, they shall be within their rights to seek such
remedy in accordance with law.
30. In view of the above, the petition is disposed of along with the
pending application.


V. KAMESWAR RAO, J


MANMEET PRITAM SINGH ARORA, J
JULY 03, 2026 /sr



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