VidhiSangh

Supreme Court of India · 17/08/2022

UNIVERSITY OF KERALA AND ORS. ETC. versus MERLIN J. N. AND ANR. ETC. ETC.

[2022] 13 S.C.R. 323 · 2022 INSC 840

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Summary

Dr. Jayakumar, whose Ph.D. was awarded in 2006, was selected in 2012 as Lecturer in Sociology at the University of Kerala under an advertisement exempting Ph.D. holders from NET. The Kerala High Court set aside his appointment at the instance of the second-ranked candidate. Following P. Suseela, it held that under the 2009/2010 UGC Regulations only Ph.D.s awarded under the 2009 Ph.D. Regulations were exempt, and that the 2016 amendment was prospective. The Court held that the 2016 amendment, reinforced by the 2018 Regulations, was meant to restore the NET exemption to pre-11.07.2009 Ph.D. holders. It operates retrospectively and applies to pending proceedings. Reading it prospectively would be absurd. The appeals were allowed and the appointment upheld.

Issues

  1. Whether a candidate awarded a Ph.D. before 11.07.2009, not under the 2009 Ph.D. Regulations, was eligible without NET for appointment as Lecturer in 2012.
  2. Whether the 2016 amendment to the UGC Regulations exempting pre-2009 Ph.D. holders from NET operates retrospectively and protects such an appointment.

Provisions considered

Held

Result

Appeals allowed. The High Court's judgment is set aside and Dr. Jayakumar's appointment upheld; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 323.