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The State of Madhya Pradesh and Ors. v. Manoj Sharma and Ors.

Civil Appeal · 2018 INSC 64Decided 25 Jan 2018
Civil Appeal No. 871 of 2018
Justice A.K. Sikri · Justice Ashok Bhushan

Background

The respondents had completed M.Phil. degrees through distance education between 2007-2009, before a UGC regulation dated 11.07.2009 barred universities from conducting M.Phil./Ph.D. programmes via distance mode. When Madhya Pradesh advertised Guest Lecturer posts in 2012, their applications were rejected on the ground that distance-mode M.Phil. degrees were not valid qualifications. The High Court (Single Judge and Division Bench) held in their favour, ruling that the 2009 UGC regulation was prospective and could not invalidate degrees already obtained before it came into force; the State appealed.

Decision Breakdown

The Supreme Court agreed that the 2009 UGC regulation prohibiting distance-mode M.Phil./Ph.D. programmes was prospective and did not wipe out degrees validly obtained before 11.07.2009, so it found no error in directing that the respondents' M.Phil. qualifications be considered. However, it flagged a separate issue the High Court had missed: a parallel 2009 UGC regulation on minimum teaching qualifications had, from the same date, made NET compulsory for Lecturer appointments and withdrawn the earlier M.Phil. exemption from NET (a change upheld as valid classification in the Court's earlier decision in P. Susheela v. UGC). The Court therefore upheld the High Court's judgment but disposed of the appeals with a specific direction that the respondents' eligibility for the Guest Lecturer posts be re-examined taking this NET-related regulation into account as well.

Lesson Learnt

A qualification validly obtained before a new regulation takes effect is not retroactively invalidated by that regulation, but a candidate must still separately satisfy any other minimum eligibility conditions (such as NET) that apply at the time of the actual appointment/selection.

Official source (sci.gov.in)View Judgment (PDF)

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