Dr. Vandana Rajoriya Versus Dr. Hari Singh Gour University, Sagar and others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 1683 of 2017, Judgment Date: Aug 16, 2018

Law Laid Down:

The UGC Regulations 2009 have not envisaged any situation for the candidates who were registered for Ph.D. Degree Programme prior to 11.07.2009. Such situation was addressed effectively only when a Notification was published on 11.07.2016 called as the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) (4th Amendment), Regulations, 2016. Such Regulations 2016 are not creating any new right or new liability. Such amendment is only clarificatory in nature so as to address the ambiguity in the UGC Regulations 2009 and of 2010 in respect of eligibility of the candidates registered for Ph.D. degree programme prior to 11.07.2009. Thus, the Amendment dated 11.07.2016 would have retrospective operation and is applicable to the petitioner with full force subject to the fulfillment of the conditions envisaged therein.

Dr. Vandana Rajoriya Versus Dr. Hari Singh Gour University, Sagar and others