NET Minimum Qualification For Appointment: Punjab & Haryana HC Declares Man Holding M.Phil. As Ineligible For Extension Lecturer
The Punjab & Haryana High Court was considering a Writ-Petition against an order whereby the petitioner was declared ineligible for appointment as Extension Lecturer in English.
The Punjab & Haryana High Court while upholding the ineligibility of an M.Phil. holder for appointment as an Extension Lecturer has held that qualifying NET Exam is the minimum criteria.
The Court was considering a Writ-Petition against an order whereby the petitioner was declared ineligible for appointment as Extension Lecturer in English and the college is directed to dispense with his services as per provisions of the ‘Policy guidelines regarding engaging Eligible Extension Lecturers in Government Colleges purely on work requirement basis.
The single-bench of Justice Tribhuvan Dahiya observed, "Further, once being ineligible the petitioner is not entitled to be appointed as Extension Lecturer in terms of the Policy guidelines, dated 04.03.2020/02.11.2023, he has no right to continue in service, and is required to be relieved/disengaged in terms therewith. This has been so held in the case of similarly placed Extension Lecturers, CWP No.2171 of 2025 titled Rashmi Gera and others v. State of Haryana and others."
The Petitioner was represented by Advocate Vijay Pal while the Respondent was represented by DAGTanushree Gupta.
Facts of the Case
The Department framed the Policy guidelines for engaging Extension Lecturer; clause 2 whereof prescribes that only such persons shall be engaged as Extension Lecturers who fulfill the qualification/eligibility as per the Haryana Education (College Cadre) Group ‘B’ Service Rules, 1986 and non-qualified persons engaged by the Principals shall be removed after coming into force of this Policy. The Policy was upheld by a Division Bench of this Court.
Accordingly, the Respondents initiated steps for relieving ineligible Extension Lecturers, and the Petitioner was also issued a Show Cause Notice, to explain as to why his services should not be dispensed with being ineligible as he neither possessed Ph.D. nor had he qualified National Eligibility Test (NET), In response, he referred to the decision taken by the University Grant Commission (UGC) which exempted the persons who obtained P M.Phil. degree prior to 11.07.2009 from the requirement of clearing NEET. He accordingly claimed to have been so exempted and was eligible for appointment as Assistant Professor under the Rules. The second Respondent, however rejected the same and his services were ordered to be dispensed with.
Counsel for the Petitioner contended that the impugned order was passed ignoring the UGC decision, whereunder the Petitioner is entitled to exemption from clear NET on the basis of M.Phil. He further contended that as per UGC Regulations, ‘Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges of Standards in Higher Education', also he is entitled to exemption the basis of M.Phil. degree awarded to him prior to July 11, 2009. Reliance was placed upon the Supreme Court's judgment in State of Madhya Pradesh and others v. Manoj Sharma and others
Reasoning By Court
The Court at outset noted that as per qualifications for the post of Assistant Professor under the Service Rules, 1986, NET is the minimum eligibility condition for appointment as such in Government Colleges and only those candidates who have been awarded Ph.D. degree in compliance of the UGC Regulations 2009 are exempted from the requirement of clearing NET.
"A perusal the minimum eligibility condition for appointment as Assistant Professor in Universities/Colleges/Institutions; the exemption from the requirement has been provided only to the accordance with the by learned counsel which refers to award of M.Phil. degrees. A reading of the clearly shows it only provides candidates registered for the programmes prior to 11.07.2009, shall be governed by the then existing Ph.D. candidates requirement of positions, subject to fulfillment of 2025 laws/Regulations of the Institution awarding the degrees Ph.D. candidates shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions...," the Court observed.
It pointed out that the exemption is only for Ph.D. candidates on fulfillment of the laid down conditions.
The Petition was accordingly dismissed.
Cause Title: Gaurav Sorot vs. State of Haryana and other (2025:PHHC:023856)
Click here to read/ download Order
