- (1.) Leave granted in all the special leave petitions.
(2.) A large number of appeals are before us in which the judgments of four High Courts are assailed. The High Court of Delhi in its judgment dated 6th December, 2010 was faced with the constitutional validity of the University Grants Commission Regulations (Minimum Qualifications Required for the Appointment And Career Advancement of Teachers in Universities and Institutions affiliated to it) (the third Amendment) Regulation 2009 under which NET/SLET is to be the minimum eligibility condition for recruitment and appointment of Lecturers in Universities/Colleges/Institutions. The challenge was repelled saying that the Regulations do not violate Article 14 and are, in fact, prospective inasmuch as they apply only to appointments made after the date of the notification and do not apply to appointments made prior to that date. Along the lines of the Delhi High Court, the Madras and Rajasthan High Courts have also repelled challenges to the aforesaid regulations vide their judgments dated 6th December, 2010 and 13th September, 2012. On the other hand, the Allahabad High Court in a judgment dated 6th April, 2012 has found that the said regulations were issued pursuant to directions of the Central Government which themselves were issued outside the powers conferred by the UGC Act and, hence, the eligibility conditions laid down would not apply to M. Phil. and Ph.D. degrees awarded prior to 31st December, 2009. However, a subsequent judgment of the Allahabad High Court dated 6th January, 2014 distinguished the aforesaid judgment and upheld the self- same regulations. Whereas the Union of India is in appeal before us from the Allahabad High Court judgment dated 6th April, 2012, M.Phil. degree holders and Ph.D. degree holders who have not yet been appointed as Assistant Professors in any University/College/Institution are the appellants before us in all the other appeals.
(3.) The facts necessary to appreciate the controversy in these appeals are as follows:- The University Grants Commission Act, 1956, was enacted by Parliament to make provision for the coordination and determination of standards in Universities being enacted under Entry 66 List I, Schedule VII to the Constitution of India. By Section 4 of the Act, a University Grants Commission is established to carry out the functions entrusted to it by Section 12 of the Act. We are directly concerned in these appeals with two Sections of this Act, namely, Sections 20 and 26:- 20. Directions by the Central Government.-(1) In the discharge of its functions under this Act, the Commission shall be guided by such directions on questions of policy relating to national purposes as may be given to it by the Central Government. (2) If any dispute arises between the Central Government and the Commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the Central Government shall be final. 26. Power to make regulations.-(1) The Commission may [, by notification in the Official Gazette,] make regulations consistent with this Act and the rules made thereunder,- (a) regulating the meetings of the Commission and the procedure for conducting business thereat; (b) regulating the manner in which and the purposes for which persons may be associated with the Commission under Section 9; (c) specifying the terms and conditions of service of the employees appointed by the Commission; (d) specifying the institutions or class of institutions which may be recognised by the Commission under clause (f) of Section 2; (e) defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the University, having regard to the branch of education in which he is expected to give instruction; (f) defining the minimum standards of instruction for the grant of any degree by any University; (g) regulating the maintenance of standards and the co- ordination of work or facilities in Universities. [(h) regulating the establishment of institutions referred to in clause (ccc) of Section 12 and other matters relating to such institutions; (i) specifying the matters in respect of which fees may be charged, and scales of fees in accordance with which fees may be charged, by a college under sub-section (2) of Section 12-A; (j) specifying the manner in which an inquiry may be conducted under sub-section (4) of Section 12-A.] (2) No regulation shall be made under clause (a) or clause (b) or clause (c) or clause (d) [or clause (h) or clause (i) or clause (j)] of sub-section (1) except with the previous approval of the Central Government. (3) The power to make regulations conferred by this section [except clause (i) and clause (j) of sub-section (1)] shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the regulations or any of them but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable.;