The Uttarakhand High Court has clarified that qualification in the National Eligibility Test (NET) conducted by the Indian Council of Agricultural Research (ICAR) is legally equivalent to NET from UGC or CSIR for appointment as Assistant Professor, resolving a critical ambiguity in higher education recruitment norms. The judgment affirms that statutory eligibility frameworks must be interpreted in light of inter-agency recognitions, not narrow textual readings.
Background & Facts
The Dispute
Hemwati Nandan Bahuguna Garhwal University (HNB Garhwal University) issued an advertisement on 25.01.2023 for the post of Assistant Professor in the Department of Biotechnology, School of Life Sciences. The advertisement explicitly mandated that eligibility be determined in accordance with the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education), 2021, which incorporates the UGC Regulations, 2018.
The petitioner, Dr. Diksha Molpa, and respondent no. 4 both applied for the single available post. Respondent no. 4 was selected, while the petitioner was not. The petitioner challenged the selection on three grounds, alleging that respondent no. 4 lacked statutory eligibility.
Key Facts
The advertisement required candidates to possess either:
A Master’s degree with 55% marks and clearance of NET (UGC/CSIR) or SLET/SET; OR
A Ph.D. degree awarded under the UGC (M.Phil/Ph.D.) Regulations, 2009/2016, with specific conditions
Respondent no. 4 held a Master’s degree with 55% marks and had cleared the NET conducted by the Indian Council of Agricultural Research (ICAR) on 18.12.2022
Respondent no. 4 was awarded her Ph.D. degree on 15.03.2024, after the last date for application (25.01.2023)
The petitioner did not hold a Ph.D. and had not cleared UGC/CSIR NET
The University’s Selection Committee met on 06.02.2024 and recommended respondent no. 4 for appointment
The Executive Council of HNB Garhwal University approved the recommendation on 08.02.2024
The petitioner filed the writ petition on 15.03.2024
Procedural History
25.01.2023: Advertisement issued by HNB Garhwal University for Assistant Professor (Biotechnology)
18.12.2022: Respondent no. 4 cleared ICAR-NET
25.01.2023: Last date for submission of applications
06.02.2024: Selection Committee recommended respondent no. 4
08.02.2024: Executive Council approved selection
15.03.2024: Writ Petition No. 291 of 2024 filed by petitioner
24.04.2026: Judgment delivered by the Division Bench
The Parties' Positions
For the Petitioner
Argued that ICAR-NET is not recognized under UGC Regulations, 2018, which only mention UGC or CSIR NET
Contended that respondent no. 4’s Ph.D. was awarded after the application deadline, disqualifying her under the ‘Ph.D. exemption’ route
Asserted that respondent no. 4 was previously declared ineligible by Uttarakhand Public Service Commission for a similar post (Botany), indicating her lack of eligibility
For the Respondents
University and State contended that UGC’s 1999 notification recognizes mutual acceptance of NET across UGC, CSIR, and ICAR
Argued that since respondent no. 4 held valid NET qualification (ICAR), her Ph.D. award date is irrelevant
Stated that eligibility criteria vary across institutions and selection bodies; one body’s rejection cannot bind another
Relief Sought
The petitioner sought quashing of the selection order dated 08.02.2024, cancellation of respondent no. 4’s appointment, and direction to appoint her instead. She also sought costs and a declaration that ICAR-NET is not equivalent to UGC/CSIR NET.
The Legal Issue
The central question was whether qualification in the National Eligibility Test (NET) conducted by the Indian Council of Agricultural Research (ICAR) satisfies the eligibility requirement under UGC Regulations, 2018 for appointment as Assistant Professor, and whether a Ph.D. awarded after the application deadline disqualifies a candidate who already holds a recognized NET qualification.
Arguments Presented
For the Petitioner
The petitioner relied on a strict textual interpretation of UGC Regulations, 2018, arguing that only NET conducted by UGC or CSIR is recognized under Clause 4.1(A)(ii). She contended that ICAR-NET is a separate examination meant for agricultural sciences and cannot be equated with UGC/CSIR NET for non-agricultural disciplines like Biotechnology. She further argued that the Ph.D. exemption under the Regulations is conditional upon the degree being awarded prior to application, citing the principle of expressio unius est exclusio alterius. She cited State of U.P. v. Rajendra Prasad to argue that eligibility must be determined strictly as per the advertisement.
For the Respondent
The respondents relied on UGC’s notification dated 04.10.1999, which records a joint meeting of UGC, CSIR, and ICAR on 18.01.1999, wherein mutual recognition of NET examinations was agreed upon. They submitted that this notification remains in force and binds all universities. They further argued that the Regulations clearly state that NET qualification is sufficient for eligibility, and Ph.D. is only an alternative for those without NET. Since respondent no. 4 possessed valid NET qualification, her Ph.D. award date is immaterial. They also emphasized that eligibility criteria are institution-specific and cannot be cross-referenced from unrelated selections by UPSC.
The Court's Analysis
The Court undertook a purposive interpretation of the UGC Regulations, 2018, in light of the 1999 inter-agency agreement. It noted that the Regulations themselves state that eligibility is governed by the UGC Regulations, 2018, and its amendments, without excluding prior UGC notifications that remain in force.
"The UGC notification dated 04.10.1999, issued pursuant to the joint meeting of UGC, CSIR and ICAR on 18.01.1999, clearly establishes mutual recognition of NET examinations conducted by these agencies. This recognition is not time-bound and continues to operate unless expressly revoked."
The Court held that the petitioner’s argument that ICAR-NET is confined to agricultural subjects was legally untenable. The Regulations do not restrict NET equivalence by subject discipline; they recognize the examining agency, not the subject of the NET. The Court further observed that respondent no. 4’s Ph.D. award date is irrelevant because she qualified under the NET route, not the Ph.D. exemption route. The Regulations explicitly state that NET qualification alone suffices for eligibility; the Ph.D. is an alternative pathway, not a condition for NET holders.
Regarding the third ground, the Court emphasized that selection bodies operate independently. The Uttarakhand Public Service Commission’s rejection of respondent no. 4 for a Botany post in Government Colleges cannot be imported into the eligibility assessment of a Central University for a Biotechnology post. The Court noted that different institutions may have varying interpretations of subject relevance, and such differences are inherent in decentralized academic governance.
The Court concluded that the selection process was lawful, transparent, and in compliance with statutory norms. No illegality, mala fide, or arbitrariness was established.
The Verdict
The writ petition was dismissed. The Court upheld the selection of respondent no. 4 for the post of Assistant Professor (Biotechnology) at Hemwati Nandan Bahuguna Garhwal University. The appointment, approved on 08.02.2024, stands confirmed. No monetary relief or direction for re-selection was ordered. The petitioner’s request for costs was denied.
What This Means For Similar Cases
NET Equivalence Is Statutorily Recognized
Practitioners must now treat ICAR-NET as legally equivalent to UGC/CSIR NET for all teaching appointments under UGC Regulations, 2018
Institutions cannot reject candidates solely on the ground that their NET was conducted by ICAR
Legal notices and eligibility criteria must be revised to reflect this equivalence
Ph.D. Post-Application Award Does Not Invalidate NET Qualification
Candidates holding valid NET qualification are eligible even if they complete their Ph.D. after the application deadline
The Ph.D. route and NET route are independent; meeting one satisfies eligibility
Institutions must not impose additional conditions beyond those specified in the Regulations
Selection Bodies Operate Independently
Rejection by one selection authority (e.g., State Public Service Commission) does not bind another (e.g., Central University)
Each institution may independently assess eligibility based on its own subject-specific criteria
Cross-referencing eligibility decisions across bodies is legally impermissible
Practitioners should advise clients to focus on the specific advertisement and UGC notification applicable to the institution, not on prior rejections by unrelated agencies
Institutions must ensure their advertisements explicitly reference the UGC notification dated 04.10.1999 to avoid litigation
