NET Qualification from ICAR is Equivalent to UGC/CSIR-NET for Eligibility in University Faculty Appointments

In brief

The question

1. Whether the NET qualification conducted by ICAR is equivalent to the NET conducted by UGC/CSIR for the purpose of appointment as Assistant Professor under the UGC Regulations, 2018

The court held

The court answered all issues in the negative regarding the petitioner's challenges. It held that Respondent No. 4 was fully eligible as her ICAR-NET qualification is equivalent to UGC-NET and her Ph.D. status did not bar her because she met the alternative NET criteria

It also directed

The selection was upheld, and the writ petition was dismissed as being bereft of merit

01Facts

Hemwati Nandan Bahuguna (HNB) Garhwal University issued an advertisement on January 25, 2023, for the post of Assistant Professor in Biotechnology

p. 1

The petitioner and Respondent No. 4 were candidates; Respondent No. 4 was selected, while the petitioner was not

p. 2, 3

The petitioner challenged the selection on three grounds: (i) Respondent No. 4 qualified the National Eligibility Test (NET) conducted by the Indian Council of Agricultural Research (ICAR) instead of the UGC or CSIR; (ii) Respondent No. 4 was awarded her Ph.D. after the application deadline; and (iii) Respondent No. 4 was previously declared ineligible for a Botany post by the Uttarakhand Public Service Commission

p. 3

02Issues

i.1. Whether the NET qualification conducted by ICAR is equivalent to the NET conducted by UGC/CSIR for the purpose of appointment as Assistant Professor under the UGC Regulations, 2018

p. 4 · ¶ 6

ii.2. Whether the possession of a Ph.D. degree at the time of application is mandatory for a candidate who already possesses a valid NET qualification

p. 5 · ¶ 9

iii.3. Whether an eligibility determination by one selecting body (UKPSC) for a different post (Botany) acts as a binding precedent for the HNB Garhwal University for the post of Biotechnology

p. 5 · ¶ 10

03Law Applied

UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges, 2018 (and 2021 amendments), which mandate a Master’s degree (55%) and a NET qualification from UGC/CSIR or a Ph.D. for eligibility

p. 2

UGC Notification dated October 4, 1999, which formalized a mutual recognition agreement between the UGC, CSIR, and ICAR to treat their respective NET examinations as equivalent in relevant subjects

p. 4

Provisions in the judgment · 1

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) Regulations, 2018 Section 4.0

04Reasoning

Regarding the first issue, the court found that a Joint Committee of UGC, ICAR, and CSIR had resolved in 1999 to mutually recognize each other's NET exams, a decision ratified by the UGC; thus, Respondent No. 4's ICAR-NET is a valid qualification

p. 4 · ¶ 5-6

On the second issue, the court reasoned that under UGC Regulations 2018, NET is the primary eligibility criteria; a Ph.D. is only an "essential" requirement for those who have not cleared the NET. Since Respondent No. 4 held a valid NET, the delay in her Ph.D. award was irrelevant to her eligibility

p. 5 · ¶ 9

On the third issue, the court held that different selection bodies may have different perceptions of eligibility based on specific rules or expert opinions, and a rejection by the UKPSC for a Botany post does not disqualify a candidate for a Biotechnology post at a Central University

pp. 5-6 · ¶ 10-11