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PETITIONER: UNIVERSITY GRANTS COMMISSION

       Vs.

RESPONDENT: SADHANA CHAUDHARY & ORS.

DATE OF JUDGMENT:       17/09/1996

BENCH: AGRAWAL, S.C. (J) BENCH: AGRAWAL, S.C. (J) NANAVATI G.T. (J)

ACT:

HEADNOTE:

JUDGMENT:                             WITH Anil Kumar & Ors. V Sate of Bihar & Ors.                       J U D G M E N I S.C. AGRAWAL, J. :-      Special  leave   granted  in  both  the  special  leave petitions.      These appeals  raise questions  relating  to  grant  of exemption from  the provisions  contained in  the University Grants Commission (Qualifications Required of a Person to be Appointed to    the  Teaching  Staff  of  a  University  and Institutions Affiliated to it) Regulations, 1991(hereinafter referred to  as ‘the  1991 regulations’)  which require that for appointment  on the post of lecturer in universities and colleges the  candidate should  have cleared the eligibility test  for  lecturers  conducted  by  the  University  Grants Commission (hereinafter  referred to  as ‘the UGC’), Council of Scientific  and Industrial Research (for short ‘CSIR’) of similar test accredited by the UGC.      The UGC  has  been  established  under  The  University Grants Commission Act, 1956 (hereinafter referred to as ‘the Act,) which was enacted by Parliament to make provisions for the  co-ordination   and  determination   of  standards   in Universities. One  of the  functions entrusted  to  the  UGC under the Act is to recommend to any University the measures necessary for  the improvement  of University  education and advise the  University upon  the action  to be taken for the purpose of implementing such recommendation (Section 12(d)). the UGC  has been  empowered to  make regulations consistent with the  Act and  the rules  made thereunder  defining  the qualifications that  should ordinarily  be required  of  any person  to  be  appointed  to  the  teaching  staff  of  the University, having  regard to  the branch  of  education  in which he  is expected  to give  instruction,[Section 26  (1) (e)]. In  exercise of  the powers conferred by Section 26(1) (e),  the   UGC  made   the  University   Grants  Commission

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(Qualifications Required  of a person to be Appointed to the Teaching Staff  of a  University and Institutions Affiliated to it)  Regulations, 1982 (here in after referred to as ‘the 1982 Regulations,)  whereby qualifications  were  prescribed for appointment  to a  teaching post in the University or in any of  the institutions including constituent or affiliated colleges recognized under clause (f) of Section 2 of the Act or in an institution deemed to be a University under Section 3 of  the  Act.  Under  the  1982  Regulations  the  minimum qualifications prescribed  for appointment  to the  post  of University  lecturers  were  (i)  a  doctorate’s  Degree  or Research work  of equally  high standard;  and (ii)  a  good academic record  with at  least second  class (in  the seven point scale)  Master’s degree  in a relevant subject from an Indian University  or an  equivalent degree  from a  foreign university. For college lecturers the minimum qualifications prescribed were (i) an M. Phil degree or a recognised degree beyond the  Master’s level  or published work indicating the capacity of  a candidate  for independent research work; and (ii) good academic record with at least second class (in the seven point  scale) Master’s  degree in  a relevant  subject from an  Indian University  or an  equivalent degree  from a foreign University.      In its  report  dated  March  23,  1985,  the  National Commission on Teachers II, after observing that standards of performance varied  from university to university, expressed the view that it must be ensured that every citizen aspiring to be  a teacher  at the  tertiary level,  i.e.; a lecturer, qualified in  terms of  a national yardstick. The commission recommended that  the UGC  should incorporate the passing of one of  the national  tests at  least in grade B+ on a seven point scale  in its  regulations  laying  down  the  minimum qualifications of  teachers and  that this  should come into force  within  two  years.  Thereafter,  in  1986,  the  UGC appointed a  Committee under  the chairmanship of prof. R.C. Mehrotra (for short ‘the Mehrotra Committee’) to examine the structure  of   emoluments  and  conditions  of  service  of University and  college teachers and to make recommendations in this  behalf having regard to the necessity of attracting and retaining  talented persons  in the  teaching profession and providing  advancement and  opportunities to teachers of Universities and colleges. The Mehrotra Committee was of the view that, in order to ensure quality of new entrants to the teaching profession,  all aspirants for the post of lecturer in a  University or  college should  have passed  a national qualifying examination  since such  a test  would  have  the merit of removing disparities in standards of examination at the Master’s  level between different Universities and, as a result,  local   influence  would   be  minimized   and  the eligibility zone  for recruitment  would become  wider.  The Mehrotra  Committee   recommended  the   following   minimum qualifications for appointment to the post of lecturer :-      "(i)  Qualifying  at  the  National      Test conducted  for the  purpose by      the  UGC   or  any   other   agency      approved by the UGC.      (ii) Master’s  degree with at least      fifty-five per  cent marks  or  its      equivalent grade  and good academic      record.      The     minimum      qualifications      mentioned  above   should  not   be      relaxed   even    for    candidates      possession   M.    Phil,   ph.    D      qualification  at   the   time   of

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    recruitment."      After examining  the various  recommendations contained in  the   report  of   the  Mehrotra   Committee   and   the recommendations made  by the  UGC, the  Government of  India prepared a  scheme for revision of pay scales of Teachers in the  Universities   and  Colleges  and  other  measures  for maintenance of  standards in higher education and, by letter dated June  17, 1987,  the Government of India forwarded the said scheme  to the  Education Secretaries of all the states and Union  Territories with  a request to formulate detailed proposals for  the implementation of the scheme on the lines indicated in the said letter. The said scheme was revised by the Central  Government in 1988. The original scheme as well as the  revised scheme  required that  only those candidates who, besides  fulfilling the minimum academic qualifications prescribed for  the post  of   Lecturer, have qualified in a comprehensive  test,  to  be  specially  conducted  for  the purpose, will be eligible for appointment as Lecturers.      In 1989 a conference of vice-Chancellors was held under the auspices of the UGC and one of the major recommendations made n the said conference was :-      "The   National   level   test   to      determine   the   eligibility   for      lecturers be  conducted.  When  the      State  Government   conducts   such      tests,   While   accrediting   them      caution be exercised."      Keeping in  view the  said recommendations the UGC made the 1991  Regulations Which  were notified vide notification dated September  19, 1991.  The 1991  Regulations superseded the 1982  Regulations and  prescribed the  following minimum qualifications for the post of lecturers in universities and colleges      "Good academic record with at least      55% marks or an equivalent grade at      Master’s  level   in  the  relevant      subject from an India University or      an equivalent degree from a foreign      University.      Candidates besides  fulfilling  the      above  qualifications  should  have      cleared the  eligibility  test  for      lecturers conducted by UGC, CSIR or      similar  test   accredited  by  the      UGC."      By Circular  dated February  10, 1993  the UGC  granted exemption  from   appearing  in   the  eligibility  test  to following categories :-      1. All  candidates who  have passed      UGC/CSIR J. R. F. Examination .      2. All  candidates who have already      been awarded Ph. D degree.      3. All  candidates who have already      been awarded  M. Phil  degree  upto      31st March, 1991.      4. All  candidates who  will submit      their  Ph.   D  thesis   upto  31st      December, 1993.      By  Circular   dated  June   15,  1993  in  respect  of candidates falling  in category (3) exemption from appearing in the  eligibility test  was extended to candidates who had been awarded  M. Phil  degree upto  December 31,  1992. By a notification dated  June 21, 1995, the 1991 Regulations have been amended  and the following proviso has been added below the requirement  regarding clearing the eligibility test for

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appointment on the post of Lecturer :-      "Provided that  candidates who have      submitted Ph.  D thesis  or  passed      the M.  Phil  examination  by  31st      December, 1993  are  exempted  from      the eligibility  test for lecturers      conducted by UGC."      The requirement regarding clearing the eligibility test for appointment on the post of Lecturer as prescribed by the UGC under  the 1991  Regulations came  up for  consideration before this  Court in  University of  Delhi v. Raj Singh and Ors., 1994  Supp. 3 SCC 516. after taking note of the report of the  National Commission  on Teachers  II,  the  Mehrotra Committee  report   and  the  recommendations  of  the  Vice Chancellors’ conference held in 1989, the Court has observed :-      "It is  very important to note that      a duty  is cast upon the Commission      (the UGC) to take all such steps as      it   may    think   fit   for   the      determination   and maintenance  of      standards of  teaching’. These  are      very  wide-ranging   powers.   Such      Powers,  in  our  who  possess  the      educational qualifications required      for holding the post of lecturer in      Universities and colleges to appear      for a  written test, the passing of      which  would  establish  that  they      possess the minimal proficiency for      holding such  post.  The  need  for      such test  is demonstrated  by  the      reports  of   the  commissions  and      committees     of     educationists      referred to  above which  take note      of the disparities in the standards      of   education   in   the   various      Universities in  the country. It is      patent  that   the  holder   of   a      postgraduate   degree    from   one      University is  not  necessarily  of      the same  standard as the holder of      the same  postgraduate degree  from      another  University.  That  is  the      rationale of the test prescribed by      the said Regulations."      [PP. 532, 533]      We may  now briefly  refer to  the facts  of these  two cases.                  CIVIL APPEAL NO.  OF 1996                (@ S. L. P. (C) No 16220/1995)      On  January   23,1995,  the   Haryana  Public   Service Commission issued an advertisement inviting applications for 200 temporary  posts of Lecturers (college cadre) in various subjects in  Haryana Educational  Service (Group‘B’). In the said advertisement it was prescribed that candidates besides fulfilling the essential qualifications mentioned therein in the respective  subjects should have cleared the eligibility test for  lectureship conducted  by the UGC, CSIR or similar test accredited by the UGC. The said condition was, however, not applicable to candidates mentioned in clauses (a) to (b) of paragraph  5. Clause  (b)  covered  those  who  had  been awarded M. Phil degree upto December 31, 1992 and clause (c) covered candidates  who had submitted their Ph.D thesis upto December 31, 1993.

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    Sadhana Chaudhary and Aarti Ahluwalia, respondents Nos. 1 and 2 , had joined M. Phil course of Punjab University for the session  1991-92, Sadhana Chaudhary submitted her thesis On January  25, 1993, the viva voice test was held some time in November,  1993 and the M. Phil degree was awarded to her on December  14, 1993.  Aarti Ahluwalia submitted her thesis on October  7,  1992,  the  viva  voice  test  was  held  in December, 1993  and  she  was  awarded  M.  Phil  degree  on December 14,  1993. Since  they had been awarded the M. Phil degree  after   December  31,  1992,  they  were  not  given exemption from  clearing the  eligibility test  as  per  the requirement of  the advertisement.  They approached the High Court of Punjab and Haryana by filing a writ petition (Civil Writ Petition  No. 2252  of 1995)  wherein they assailed the cut off  date,  i.  e.,  December  31,  1992,  as  fixed  in paragraph 5(b)  of  the  advertisement  regarding  exemption given to  candidates who  have been  awarded M.Phil  degrees from the eligibility test.      The grievance of both the writ petitioners was that for the purpose  of giving  exemption from  eligibility test for candidates who  had obtained  M. Phil  degrees the  cut  off date, i.  e., December  31, 1992, has been fixed arbitrarily and that  there  is  no  rational  basis  in  confining  the exemption to  candidates who had been awarded M.Phil degrees upto December 31, 1992 in an advertisement issued in January 1995 because  as between  December 31, 1992 to December 1994 many candidates might have obtained M. Phil degrees.      The exemption  for clearing  the eligibility test under clauses (a)  to (b)  of paragraph 5 of the advertisement was based on  the Circulars  of the  UGC dated February 10, 1993 and June  15, 1993  referred to earlier. It appears that the UGC did  not appear  in response to the notice issued by the High Court  on the writ petition filed by respondents Nos. 1 and the  State of  Haryana and  the Haryana  Public  Service Commission, who  contested the said writ petition, could not offer  any   explanation  for  the  said  provision  in  the advertisement. In the absence of any explanation having been offered for fixing December 31, 1992 as the cut off date for grant of  exemption to  candidates having M.Phil degree, the High Court,  by its  judgment dated  March 21,  1995, as the allowed the writ petition of respondents Nos. 1 and 2-on the view that cut off dates prescribed in paragraph 5(b) and (c) of the  advertisement  in  respect  of  candidates  who  had acquired M.Phil  degree or  submitted the  Ph. D  thesis are totally unjust  and based  on no  rationale inasmuch  as  it amounts to  creation of  an  artificial  class  amongst  the eligible candidates  though similarly situated, i.e., having obtained M.Phil  degree after  December 31,  1992, or having submitted Ph.D  thesis after December 31, 1993, respectively and that  cut off dates, i.e., December 31, 1992 for M. Phil degree and  December 31, 19993 in case of submission of ph.D thesis, are  far earlier  to the  date of  the advertisement dated January  23, 1995.  According to  the High  Court,  it would not be necessary to appear in the eligibility test for the candidates  who have  applied or/are  applying  for  the Lecturers’ posts pursuant to the advertisement dated January 23, 1995  if they  have obtained M.Phil degrees or submitted Ph.D thesis  before December  31, 1994,  i.e., prior  to the date of  the publication  of advertisement dated January 23, 1995. On  that view  the High  Court  directed  the  Haryana Public Service  Commission and  State of  Haryana to issue a corrigendum extending  the dates  in. paragraph 5(b) and (c) of the  advertisement dated  January 23,  1995 upto December 31, 1994  and further  directed that  in  future  also  they should ensure  that as  and when  any such  advertisement is

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issued, they will bear in mind that the eligibility dates be not far off from the date of advertisement CIVIL APPEAL NO.     OF 1996 (@ S.L.P.(C) No 27375/1995)      On   November 22,  1993,  the  Bihar  State  University Service  Commission   issued   an   advertisement   inviting applications for  appointment on  the post  of Lecturers  in various universities  in Bihar.  The said  advertisement did not prescribe  that the  candidates should  have cleared the national eligibility  test conducted by the UGC, Some of the candidates who had qualified n the national eligibility test filed a writ petition (C.W.O.C.No. 321 of 1994) in the Patna High Court  wherein it  was alleged  that the qualifications that were  prescribed  in  the  advertisement  were  not  in consonance with  the qualifications  prescribed by  the  UGC where under  it is necessary that the candidates should have passed the  eligibility test,  The said  writ  petition  was allowed by  the high  Court by  judgment dated March 9, 1994 whereby t  was held  that the  applications  of  only  those candidates who  had passed  national eligibility examination in terms  of the  regulations framed  by the  UGC  could  be considered by the Bihar State University Service Commission. A Review Petition was filed against the said judgment by the Bihar State University Service Commission and by order dated April 27,   1994  the High  Court clarified  that the  Bihar State University  Service  Commission  should  consider  the candidature  of   such  persons  who  were  eligible  to  be considered  n  terms  of  regulations  framed  by  the  UGC. Thereafter the  Governor of  Bihar promulgated  Bihar  State University (Third  Amendment) Ordinance, 1994 on December 8, 1994 whereby  provision was made regarding relaxation of the minimum  qualification   for  appointment  on  the  post  of Lecturer in  university constituent colleges and a candidate who has got a degree of Ph.D in the concerned subject and/or has got  a degree of M. Phil before December 31, 1993 and/or has got a degree of M.Phil before December 31, 1992 has been made eligible  for appointment  as Lecturer  without  having passed the Bihar Eligibility Test or the Eligibility Test of Lecturers/Junior Research  Fellow  (JRF)  conducted  by  the UGC/CSIR. Thereafter  the  Bihar  State  University  Service Commission issued  a Corrigendum  dated December 25, 1994 in the advertisement  dated November  22, 1993  whereby it  was indicated that  all candidates who have already done M. Phil upto December  31, 1992  or who  have done  or submitted the Phil   upto December 31, 1993 or have qualified the National Eligibility  Test   (NET)/JRF  Test  of  UGC/CSIR  would  be exempted from  appearing at the Bihar Eligibility Jest to be conducted by Bihar State University Service Commission.      Thereupon the  writ petition (C.W.O.C. No. 744 of 1995) which has  given rise  to this appeal was filed in the patna High Court  by the  appellants  herein.  In  the  said  writ petition the  validity of  the provisions  contained in  the aforementioned Ordinances dated December 8, 1994 promulgated by the Governor of Bihar regarding relaxation of the minimum qualification for  appointment on  the post  of lecturer  as well as  the Corrigendum  dated December  25, 1994 issued by the  Bihar  State  University  Service  Commission  and  the circulars dated  February 10,  1993 and June 15, 1993 issued by  the   UGC  were  challenged.  The  appellants  sought  a direction that the post of Lecturers be filled by only those persons who  have cleared  the National  Eligibility Test or its equivalent  examination. During the pendency of the said writ petition  in the High Court, the Bihar state University Service Commission  conducted the  Bihar Eligibility Test on June  18,   1995.  On  June  21,  1995,  the  UGC  issued  a

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notification  amending   the  1991   Regulations  to   which reference has  already been  made earlier.  By the  impugned judgment dated  June 27,  1995 the  High Court has held that UGC was  within its  jurisdiction in  issuing guidelines for the  appointment   of  Lecturers  in  the  Universities  and colleges in  the State  of Bihar and the Chancellor was also within his  jurisdiction in   promulgating the Ordinances in consonance thereto.  Feeling aggrieved  by the said judgment of the high Court the appellants have filed this appeal.      During the  course of arguments it was pointed out that both the Ordinances referred to above which were promulgated by the Governor of Bihar on December 8, 1994 have since been replaced by enactments of the State Legislature, viz., Bihar Acts Nos.  12 and  13 of  1995. It has also been pointed out that the  Bihar State  University Service Commission on June 18, 1995  has been  granted  accreditation  by  the  UGC  on February 12,  1996 and future tests to be held in the period 1995-1997 have  also been accredited by the UGC with certain recommendations.      Both these  appeals raise  questions regarding validity of the Circulars of the UGC dated February 10, 1993 and June 15, 1993  as well  as the  notification dated  June 21, 1995 amending the  1991 Regulations.  In Civil Appeal arising out of Special Leave Petition (C) No. 16220 of 1995 the question is whether  the cut off dates fixed under the said Circulars and notification  in respect of candidates who have obtained M.Phil degree  or have  submitted  their  Ph.D  thesis  were valid. In civil appeal arising out of special Leave Petition (C) No.  27375 of 1995 the question is whether the exemption under the  said Circulars  and notification  is valid.  This appeal also  involves the question regarding validity of the two Ordinances  that were  promulgated by  the  Governor  of Bihar on  December 3,  1994 and  the legislative  enactments replacing the Ordinances.      Shri Milon  K. Banerjee,  the  learned  senior  counsel appearing for  the UGC,  has submitted  the Circulars  dated February 10,  1993 and  June 15,  1993 were in the nature of transitional provisions  which became  necessary as a result of  imposing   the  requirement   regarding   clearing   the eligibility test  by a candidate for appointment on the post of Lecturer  under the 1991 Regulations, The Learned counsel has pointed  out that under the 1982 Regulations, which were superseded by the 1991 Regulations, a person possessing ph.D degree was  eligible for appointment on the post of Lecturer in University  and a  person Possessing  M. Phil  degree was eligible for  appointment on  the post  of Lecturer   in the college. This  position was  altered by the 1991 Regulations and candidates having good academic record with at least 55% marks or an equivalent grade at Master’s Degree level in the relevant subject became eligible for appointment on the post of Lecturers  in universities  or colleges provided they had cleared the  eligibility test  for Lectures conducted by the UGC, CSIR  or similar  test accredited by the UGC. A Ph.D or M. phil  degree is  no longer an essential qualification for such appointments,  There were  a number  of persons who had obtained Ph.D  and M.Phil  degrees or had joined the Ph.D or M.Phil degree  courses prior  to the  issuance of  the  1991 Regulations in  the light of the minimum qualifications that were prescribed in the 1982 regulations. The Circulars dated February 10,  1993 and June 21, 1993 were issued to mitigate the resultant  hardship to  such persons  on account  of the introduction of  the requirement of clearing the eligibility test in the 1991 Regulations. By Circular dated February 10, 1993  exemption   from  this   requirement  was  granted  to candidates who  had already  been awarded the Ph.D degree as

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well as  to candidates  who would  submit their  Ph.D thesis upto  December   31,  1993.  As  regards  candidates  having obtained M. Phil degree, by Circular dated February 10, 1993 the exemption  was  initially  confined  to  those  who  had already been  awarded M.Phil  degree upto  March  31,  1991. Subsequently it  was felt that there were candidates who had joined the  M.phil course  prior to  issuance  of  the  1991 regulations but had not obtained the M.Phil degree till then and ,  therefore, by  Circular dated June 15, 1993, the date of obtaining  the M.Phil  degree was  extended from March 31 1991 to December 31, 1992 under the expectation that by that date those  persons would  be able  to complete  the  M.Phil course  and   obtain  M.  Phil  degree.  Shri  Banerjee  has contended that  both these circulars dated February 10, 1993 and June  21, 1993  have now ceased to have any significance in view  of the notification dated June 21, 1995 whereby the 1991  Regulations   have  been   amended  and  it  has  been prescribed that candidates who have submitted Ph.D thesis or passed the  M.Phil examination  by  December  31,  1993  are exempted from  eligibility test  for Lecturers  conducted by UGC/CSIR   or  similar  test  accredited  by  the  UGC.  The submission is that after the aforesaid amendment in the 1991 Regulations the only question that is left for consideration is whether  the cut off dated (December 31, 1993) prescribed in the  1991 Regulation,  as amended,  can  be  held  to  be arbitrary. Shri Banerjee has urged that having regard to the tine  that   is  normally  taken  by  a  candidate  who  had registered for  the Ph.D degree or had joined M. Phil course prior to the naming of the 1991 Regulations, the fixation of December 31,  1993 as  the cut  of date cannot be held to be arbitrary or  unreasonable. Shri  Banerjee, in this context, has placed  reliance on the decisions of this Court in Union of India  & Anr.  v. M/s Parameshwaran Match works Ltd. 1975 (2) SCR  573; and  Dr. (Mrs.)  Sushma Sharma  etc.  etc.  v. Stated of Rajasthan & Ors. 1985 (3) SCR 243.      We find considerable force in the aforesaid submissions of Shri  Banerjee. It  is settled  law that  the choice of a date as  a basis  for classification cannot always be dubbed as arbitrary even if on particular reason is forthcoming for the choice  unless it is shown to be capricious or whimsical in the circumstances. When it is seen that a line or a point there must be and there is no mathematical or logical way of fixing it  precisely, the decision of the legislature or its delegated must  be accepted unless it can be said that it is very wide  of the  reasonable mark. [ See : Union of India & Anr. v.  M/s Parameshwaran  match works  Ltd., 1975  (2) SCR 573, at  p. 579;  and Dr.  (Mrs.) Sushma Sharma etc. etc. v. State of  Rajasthan & Ors. 1985 (3) SCR 243, at p. 269 ]. In the present  case, the  date, December 31, 1993, as fixed by notification dated  June 21, 1995, in the matter of grant of exemption from  the eligibility  test for appointment on the post of  lecturer has a reasonable basis Keeping in view the time taken in submitting the Ph.D thesis or obtaining M.Phil Degree by  candidates who  had undertaken the study for Ph.D or  M.Phil   degree  prior  to  the  issuance  of  the  1991 Regulations and  the date, December 31, 1993, cannot be held to be  capricious or  whimsical or  wide of  the  reasonable mark. The  High Court of Punjab and Haryana has proceeded on the basis  that the cut off date for the Purpose of granting exemption from  eligibility test  should have nexus with the date     of  the  advertisement  inviting  applications  for appointment on  the post  Lecturers. The  High Court  was in error in  taking this  view. The  exemption from eligibility test  that  has  been  granted  under  paragraph  5  of  the advertisement dated  January 23,  1995 is  relatable to  the

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introduction of  the requirement  of eligibility test in the 1991 Regulations.    The  object  underlying  the  grant  of exemption  is   to  mitigate   the  resultant   hardship  to candidates who  had registered for Ph.D degree or had joined the course  for M.Phil  degree on  the basis of the basis of the  minimum   qualifications  prescribed   under  the  1982 Regulations. The  validity of  the fixation  of cut off date for the  purpose of  grant of exemption from the eligibility test has  to be  considered with  reference to  the date  of issuance of  the 1991  Regulations and not with reference to the  date   of  advertisement   inviting  applications   for appointment on  the post  of lecturers.  We are,  therefore, unable to  uphold the  direction of  the High  Court that it would not be necessary to appear in the eligibility test for candidates  who   have  applied   or/are  applying  for  the Lecturer’s posts pursuant to the advertisement dated January 23, 1995  if they  have obtained M.Phil degrees or submitted Ph.D thesis  before December  31, 1994,  i.e., prior  to the date of  the publication  of advertisement dated January 23, 1995 and the further direction to the Haryana Public Service Commission and  State of  Haryana to ensure that as and when any such  advertisement is  issued, they  would bear in mind that the  eligibility dates  be not far off from the date of advertisement. The  exemption from the requirement regarding clearing the  eligibility test has to be confined within the limits indicated  in the  amendment introduced  in the  1991 Regulations by notification dated June 21, 1995. Respondents Nos. 1 and 2 who had moved the High Court by filing the writ petition obtained  their M.  Phil degrees  prior to December 31, 1993.  They would be entitled to exemption from clearing the eligibility  test under  the terms  of the  notification dated June  15, 1995.  The decision of the High court, in so far as  it relates  to the said respondents, is not required to e disturbed and is, therefore, maintained.      We may  now come  to the validity of the exemption from the requirement regarding clearing the eligibility test that has been granted under the Circulars dated February 10, 1993 and June  15, 1995 and the notification dated June 21, 1995. Shri S.  B. Sanyal, the learned senior counsel appearing for the appellants  in Civil Appeal arising out of S.L.P (C) No. 27375 of  1995, has  submitted that  having  regard  to  the report of  the National  Commission on  Teachers II  and the report of  the Mehrotra  Committee, which form the basis for introducing  this   requirement  by  the  UGC  in  the  1991 regulations,  there   is  no  rational  basis  for  granting exemption from  the eligibility  test to  candidates who had submitted Ph.D  thesis or  passed the M. Phil examination by December 31,   1993,  We find  no merit  in this contention. Prior to  the making  of the  1991 Regulations  there was no statutory requirement  regarding  clearing  the  eligibility test for the purpose of appointment on the post of lecturer. Such a  requirement was introduced for the first time by the 1991 Regulations. At the time when the 1991 Regulations were made the  Provisions contained  in the  1982 Regulations had given rise  to a legitimate expectation that a person having a Ph.D  or M. Phil degree and having good academic record as prescribed under  the 1982 Regulations would be eligible for appointment on  the post  of Lecturer without anything more. while  introducing   the   requirement   of   clearing   the eligibility test  in the  1991 Regulations,  the UGC did not intend to deprive the persons who had obtained M.Phil degree of Ph.D  degree prior to  the making of the 1991 Regulations of their legitimate expectation in the matter of appointment on the  post of Lecturer in universities or colleges. It was also felt  that the said requirement in the 1991 Regulations

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should not  operate to  the prejudice of persons who, having regard  to   the  qualifications   prescribed  in  the  1982 Regulations, had  registered for  the  Ph.D  degree  or  had joined study for M.Phil degree course prior to making of the 1991 Regulations  and ,  therefore, provision  was made  for granting exemption  to such  candidates with  the  condition that they  should have  passed M.Phil  examination or should have submitted  Ph.D thesis  by a particular date. In so for as the  dated of  submission of Ph.D thesis is concerned the said date,  We. December 31, 1993, has remained unchanged in the circulars  dated February 10, 1993 and June 15, 1993 and the notification  dated June 21, 1995. For M.Phil degree the date was,  however, changed  from March 31, 1991 to December 31, 1992 to December 31, 1993 by notification dated June 21, 1995. The  amendment in  the 1991  Regulations that has been made by  the notification dated June 21, 1995, in substance, postpones the  date  of  applicability  of  the  requirement regarding  clearing   the  eligibility   test  in  the  1991 Regulations Will  December 31, 1993 in respect of candidates who had  joined the  M.Phil course  or registered  for  Ph.D degree. Such  candidates constitute  a  distinct  class  who could be  Treated separately in so far as the requirement of clearing the eligibility test has a rational basis which has a reasonable nexus with the object  sought to be achieved by the 1991  Regulations. We are therefore, unable to hold that the  exemption  that  has  been  granted  by  the  amendment introduced in  the 1991  Regulations by  notification  dated June  21,  1995  is  violative  of  the  right  to  equality guaranteed under Article 14 of the Constitution.      Shri Sanyal  has also raised the question regarding the validity of  the two  Ordinances promulgated by the Governor of Bihar  on December 8, 1994 and the legislative enactments which have  now replaced  the Ordinances  and has urged that since the 1991 Regulations that have been made by the UGC in exercise of  the power conferred under Section 26 of the Act which has  been enacted by Parliament under Entry 66 of List I (Union  List) of  the Seventh Schedule to the Competent to legislate in  this  field and the legislation enacted by the Bihar State  Legislature  is  ultra  vires  the  legislative powers conferred  on the  Bihar State  Legislature under the Constitution and  that the  Patna High Court was in error in upholding the validity of the Ordinances. We do not consider it necessary  to go into this question. The grievance of the appellants in  their writ petition before the High Court was against the  corrigendum dated  December 25,  1994 issued by Bihar State  University Service  Commission whereby  it  was prescribed as under  :-      "The candidates  who  have  already      done  M.Phil  upto  31st  December,      1992 or  who have done or submitted      Ph.D thesis  upto 31st    December,      1993  or   have  qualified  in  the      NET/JRF  Tests   of  UGC/CSIR   are      exempted from  appearing at the BET      to  be  conducted  by  Bihar  state      University Service commission."      This  grant   of  exemption  was  in  accord  with  the circulars dated February 10, 1993 and June 15, 1993 that had been issued by the UGC. As noticed earlier Bihar Eligibility Test that  was conducted  by Bihar  State University Service commission on  June 18,  1995 has been accredited by the UGC on February  12, 1996  and further  tests to  be held in the period 1995-1997  have also  been  accredited  with  certain recommendations. The grant of exemption from the eligibility test in the Corrigendum, therefore, does not run contrary to

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the  requirement   prescribed  by   the  UGC   in  the  1991 Regulations read  with Circulars dated February 10, 1993 and June 15,  1993 which  were  applicable  at  that  time.  The question regarding  validity of  the two  Ordinances and the legislative enactments  replacing them  is, therefore,  left open.      In the  result, civil  appeal arising out of S.L.P. (C) No. 27375  of 1995 is dismissed. Civil appeal arising out of S.L.P.(C) No.  16220 of 1995 is partly allowed to the extent that the  direction given  by the  High Court  of Punjab and Haryana that  it would  not be  necessary to  appear in  the eligibility test  for candidates  who  have  applied  or/are applying  for   the  lecture’s   posts   pursuant   to   the advertisement dated  January 23, 1995, if they have obtained M.Phil degrees  or submitted Ph.d thesis before December 31, 1994 i,  e.,  prior  to  the  date  of  the  publication  of advertisement, and  further  directing  the  Haryana  Public Service Commission  and State  of Haryana  to ensure that as and when  any such  advertisement is issued, they would bear in and  that the  eligibility dates  be not far off from the date of advertisement, are set aside and it is declared that the exemption  from eligibility  test  for  the  purpose  of appointment on the post of Lecturer will have to be confined to  candidates  fulfilling  the  requirements  in  the  1991 Regulations as  amended by notification dated June 21, 1995. The direction  given by the High Court of Punjab and Haryana in so  far as  respondents Nos. 1 and 2 are concerned is not disturbed.                    No orders as to costs.