The Punjab & Haryana High Court has reaffirmed that candidates holding an M.Phil. degree but lacking UGC NET qualification do not have the right to continue as Extension Lecturers. The court ruled that as per the UGC Regulations, 2010, and the Haryana Education (College Cadre) Group 'B' Service Rules, 1986, NET is the minimum eligibility requirement for the position of Assistant Professor and Extension Lecturer in government colleges.

Court's Observations on Eligibility

Justice Tribhuvan Dahiya, while delivering the judgment, stated:

"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 or disengaged in terms therewith."

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The case involved an Extension Lecturer in English at Government College, Hodal, Palwal, who challenged the order declaring him ineligible for appointment. The principal of the college directed his removal as per the Policy Guidelines for Engaging Eligible Extension Lecturers in Government Colleges, which mandates that only qualified candidates should hold such positions.

Background of the Case

The petitioner, Gaurav Sorot, completed his M.Phil. in English from Vinayaka Mission’s Research Foundation (Deemed University) in June 2009. He was engaged as an Extension Lecturer in 2013 under a decision by the Department of Higher Education, Haryana, to appoint qualified individuals for the role. He continued with breaks in service and was finally relieved on July 20, 2017. Following this, he filed a writ petition challenging his removal.

Interim Relief & Policy Guidelines

In an interim order, the court allowed Sorot to continue teaching, provided there was sufficient workload, without requiring a fresh interview. However, the Policy Guidelines of 2020, later revised in 2023, clearly stated that:

"Only individuals meeting the qualifications under the Haryana Education (College Cadre) Group ‘B’ Service Rules, 1986, shall be engaged as Extension Lecturers. Non-qualified individuals engaged previously shall be removed after the implementation of this policy."

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The policy was upheld by the Punjab & Haryana High Court in Suman Devi v. State of Haryana and others, reinforcing the state’s authority to remove ineligible candidates.

UGC Regulations and Ph.D. Exemption

The petitioner argued that he was eligible based on a UGC decision dated September 27, 2010, which exempted individuals with an M.Phil. degree (obtained before July 11, 2009) from the NET requirement. However, the court found that:

1. The UGC decision of 2010 was never officially notified nor adopted by the Haryana State Government.
2. As per Service Rules, 1986, only Ph.D. holders meeting the UGC (Minimum Standards and Procedures for Award of Ph.D. Degree) Regulations, 2009, are exempted from NET.
3. The NET remains the mandatory qualification for appointment as an Assistant Professor or Extension Lecturer.

"Candidates awarded a Ph.D. degree in compliance with the UGC Ph.D. Regulations, 2009, shall be exempted from NET/SLET for recruitment as an Assistant Professor," the court stated.

Since Sorot only held an M.Phil. degree, he did not meet the exemption criteria.

Supreme Court’s Stand on NET Qualification

The court also referred to previous judgments, including Manoj Sharma v. State of Madhya Pradesh, where it was held that NET is a minimum qualification for Assistant Professors. Furthermore, in LPA No. 592 of 2022 (Neeraj Bhardwaj v. State of Haryana), the Punjab & Haryana High Court reiterated that:

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"Teaching in colleges is a responsible job. If individuals do not possess the minimum qualifications laid down by the UGC (NET/Ph.D.), it affects the quality of education."

Additionally, the Supreme Court dismissed Special Leave Petitions (SLPs) filed by ineligible Extension Lecturers against the removal policy, affirming the government’s right to replace unqualified candidates.

Title: Gaurav Sorot v. State of Haryana and others

Mr. Vijay Pal, Advocate for the petitioner Ms. Tanushree Gupta, DAG, Haryana