Karnataka High Court.
Credit: DH File Photo
Bengaluru: The Karnataka High Court has directed the department of higher education and the department of collegiate education to ensure complete compliance of the minimum qualification as prescribed by the University Grants Commission (UGC) under UGC Regulations, 2018 before selecting any candidates for the post of Guest Lecturer.
Justice R Nataraj passed this direction while partly allowing the petition filed by H Sanjeevaiah and three others.
The petitioners challenged the August 24, 2024 notification considering only PG Graduates and without insisting on Karnataka State Eligibility Test (KSET)/State Eligibility Test (SET)/National Eligibility Test (NET)/PhD. examinations on the ground that it is contrary to UGC Regulations, 2018 and Guidelines, 2019. The petitioner also directed to redo the entire first round of counseling strictly in accordance with the UGC Regulations, 2018 and UCG Guidelines and thereafter make appointments. They further prayed for directions to select only the candidates who possess qualification in terms of UGC Regulations and the guidelines for the academic year 2024-25 and subsequent academic years.
According to the petitioners, the qualifications prescribed are the same whether the appointment is on a regular or contract basis. The counsel for the petitioner said that the authorities have been processing the applications of candidates, who possess a mere PG qualification and factoring the weightage for the previous years of service.
Justice Nataraj noted that there is no escape from the fact that the as per Regulation Number 18 of UGC minimum qualification as prescribed should be fulfilled even in respect of contractual lecturers. However, at the same time, the marks prescribed for past service for a maximum period of 16 years at the rate of 3 marks shall continue to be applied, in terms of the order passed by the court in an earlier round of litigation, the court said.
“It is also made clear that the respondents shall not select any candidate who does not possess minimum qualification as prescribed in the UGC Regulations, 2018 and shall not select any candidate by placing a condition on him/her that he/she shall obtain requisite qualification namely NET/SLET/SET before January 13, 2025, unless he/she is awarded with a doctorate or is registered for a doctoral program prior to July 2009,” the court said.