The Delhi High Court has directed the National Education Society for Tribal Students (NESTS) to reconsider the cancellation of the candidature of four selected Post Graduate Teacher (PGT) candidates in the Eklavya Model Residential Schools (EMRS) recruitment. The Court said the employer must examine the candidates' qualifications in light of the University Grants Commission's (UGC) revised guidelines validating certain simultaneously pursued academic programmes.
Background of the Case
The petition was filed after the selected candidates received emails on June 19, 2024, cancelling their provisional appointments. The employer held that the candidates had pursued their Master of Arts (M.A.) and Bachelor of Education (B.Ed.) degrees during the same period, making them ineligible under the recruitment norms.
The candidates argued that one degree had been obtained through regular mode while the other was through distance learning. They contended that there had never been an express UGC prohibition against pursuing such a combination and relied on various UGC communications and later policy developments supporting simultaneous academic programmes.
Court's Observation
The Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora noted that the record did not show any UGC guideline expressly prohibiting a student from pursuing one programme through regular mode and another through distance mode.
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The Court also took note of an affidavit filed by the UGC in another pending matter, which referred to the revised UGC guidelines approved in April 2025. Those revised guidelines clarify that academic programmes pursued simultaneously before the 2022 notification may also be treated as valid, provided they comply with applicable university regulations and statutory norms.
Referring to the revised position, the bench observed:
"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."
The Court further observed that these clarified guidelines had not been placed before the employer when the candidature was cancelled. Therefore, they deserved consideration before any final decision on the candidates' eligibility was taken.
Court's Decision
Disposing of the writ petition, the Delhi High Court directed the National Education Society for Tribal Students to reconsider the petitioners' eligibility in the light of the revised UGC guidelines and pass a reasoned and speaking order within six weeks of receiving the judgment.
The Court further held that if the employer ultimately finds the candidates eligible, they shall be appointed to the respective PGT posts in accordance with the applicable rules. Their seniority will be protected based on their merit position in the selection process with notional pay fixation, though they will not be entitled to back wages.
The Court also clarified that if the fresh decision goes against the candidates, they would remain free to seek appropriate legal remedies.
Case Details
Case Title: Mohammad Anees & Ors. v. National Education Society for Tribal Students & Ors.
Case Number: W.P.(C) 11316/2024
Judge: Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora
Decision Date: 03 July 2026
