UGC's Modified Guidelines Recognise Pre-2022 Simultaneous Degrees: Delhi HC Directs National Education Society For Tribal Students To Reconsider Cancelled PGT Candidatures
The Court directed NEST to reconsider cancellation of selected EMRS PGT candidates who pursued M.A. and B.Ed. simultaneously in light of the UGC's modified guidelines and affidavit.
The Delhi High Court has directed the National Education Society for Tribal Students (NEST) to reconsider the cancelled candidatures of four selected Post Graduate Teachers (PGTs) under the Eklavya Model Residential Schools (EMRS) Recruitment, 2023, in light of the University Grants Commission's (UGC) modified guidelines validating academic programmes pursued simultaneously even before 2022.
It held that NEST's decision to cancel the petitioners' candidature, on the ground that they had pursued Master of Arts (M.A.) and Bachelor of Education (B.Ed.) simultaneously, must be reconsidered in view of the UGC's own affidavit in a connected matter and its clarified guidelines.
The Bench noted that the UGC, in its 589th meeting held on April 03, 2025, had modified its 2022 guidelines to clarify that two academic programmes pursued simultaneously prior to their issuance, if in accordance with the applicable regulations, would be treated as valid, and observed:
The Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora observed, “Suffice it to state, the guidelines now issued by the UGC makes it clear that even those two academic programmes pursued simultaneously before issuance of the guidelines in the year 2022 shall be treated as valid”.
Advocate Saaket Jain appeared for the petitioner and Advocate Somesh Chandra Jha appeared for the respondent.
The petitioners had been selected as PGTs (Hindi, English and Economics) in the EMRS Recruitment, 2023, and issued provisional appointment letters. NEST, however, cancelled their candidature by emails dated June 19, 2024, citing simultaneous pursuit of two degrees.
They challenged the cancellation, as also Para 5 of the UGC's 2022 Guidelines barring retrospective benefit, as violative of Article 14, Constitution of India, contending that no express bar existed on pursuing two degrees simultaneously.
NEST contended that the advertisement permitted only an integrated four-year course as an equivalent route, and that both qualifications had to be secured in physical mode.
The Court found no guideline barring a candidate from pursuing one degree in regular mode and another through distance mode, and held that the UGC's later affidavit and modified guidelines, though not cited by either side, needed to be considered by NEST before it took a final call.
NEST was directed to conclude the exercise within six weeks; if the decision favours the petitioners, they shall be appointed with seniority fixed as per merit and notional pay fixation, without arrears. Liberty was granted to the petitioners to challenge an adverse order in accordance with law.
Cause Title: Mohammad Anees & Ors. v. National Education Society for Tribal Students & Ors. (Neutral Citation: 2026:DHC:5303-DB)
Appearances:
Petitioners: Saaket Jain, Shivangi Anand, Ankur Singhal and Sarthak Kumar Meena, Advocates.
Respondents: Somesh Chandra Jha, Anand K. Singh, Reavthy Raghavan and Vanshika Verma, Advocates.