As per case facts, petitioners challenged an advertisement for Assistant Professor posts and a government memorandum, arguing that the selection criteria violated the mandatory 2018 University Grants Commission (UGC) Regulations. ...
CWP-661-2026
connected matters
IN THE
1. CWP-661
ASHA RANI
STATE OF HARYANA
2. CWP-565
VINEET RANGA
STATE OF HARYANA
3. CWP-494
GAURI YADAV
STATE OF HARYANA
4. CWP-2042
MONIKA AND
STATE OF HA
5. CWP-2457
BIJENDER KUMAR
STATE OF HARYANA
6. CWP-2593
SONALI
STATE OF HARYANA
2026 with
matters
-1-
THE HIGH COURT OF PUNJAB
AT CHANDIGARH
661-2026
AND OTHERS
Versus
HARYANA AND ANOTHER
565-2026
RANGA AND OTHERS
Versus
HARYANA AND OTHERS
494-2026
YADAV
Versus
HARYANA AND ANOTHER
2042-2026
AND OTHERS
Versus
HARYANA AND OTHERS
2457-2026
KUMAR
Versus
HARYANA AND OTHERS
2593-2026
Versus
HARYANA AND OTHERS
PUNJAB AND HARYANA
CHANDIGARH
…Petitioner(s)
…Respondent(s)
…Petitioner(s)
…Respondent(s)
…Petitioner(s)
…Respondent(s)
…Petitioner(s)
…Respondent(s)
…Petitioner(s)
…Respondent(s)
…Petitioner(s)
…Respondent(s)
CWP-661-2026
connected matters
7. CWP-3007
ANITA MALIK
STATE OF HARYANA
8. CWP-3978
NAVITA KANDHAL
STATE OF HARYANA
9. CWP-2394
DILSHAD ALI
STATE OF HARYANA
10. CWP-5850
PUSHPA SHARMA
STATE OF HARYANA
1. The date when
2. The date when
3. The date when
4. Whether
whether the
5. The delay,
reasons thereof
CORAM: HON'BLE
Present:- Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
2026 with
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3007-2026
MALIK
Versus
HARYANA AND OTHERS
3978-2026
KANDHAL
Versus
HARYANA AND OTHERS
2394-2026
ALI AND OTHERS
Versus
HARYANA AND OTHERS
5850-2026
SHARMA
Versus
HARYANA AND OTHERS
when the judgment is reserved
when the judgment is pronounced
when the judgment is uploaded on the
only operative part of the judgment
the full judgment is pronounced
delay, if any, of the pronouncement of
thereof
HON'BLE MR. JUSTICE TRIBHUVAN
Mr. D. S. Patwalia, Senior Advocate
Mr. Gaurav Rana, Advocate, Mr.
Mr. Ashish Verma, Advocate,
Mr. Bhupinder Malik, Advocate, Ms.
Mr. Pardeep Kumar Sharma, Advocate,
Mr. Munish Soni, Advocate, Mr. Rajender,
Mr. Ashish Kaushik, Advocate with
…Petitioner(s)
…Respondent(s)
…Petitioner(s)
…Respondent(s)
…Petitioner(s)
…Respondent(s)
…Petitioner(s)
…Respondent(s)
02.04.2026
12.05.2026
the website 12.05.2026
judgment is pronounced or Full
full judgment, and Not Applicable
TRIBHUVAN DAHIYA
Advocate with
Sarthak Gupta, Advocate,
Ms. Anjali Sheoran, Advocate,
Advocate,
Rajender, Advocate,
with Mr. Ritish Jindal, Advocate,
Applicable
CWP-661-2026
connected matters
M
Mr.
Mr.
for
Ms.
Mr.
Ms.
Ms.
for
TRIBHUVAN
The
involving common
For brevity, the
filed, inter alia
67 of 2024,
respondent/Hayana
11.11.2022, Annexure
being violative
Qualifications
Universities and
Higher Education)
the light of law
v. State of Punjab
2. At
the prayer in
whereby posts
Department have
2026 with
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Mr. Dalbir Singh, Advocate, Mr. Sandeep
Mr. Ravinder Singh Dhull, Advocate
Mr. Navnit Sharma, Advocate
for the petitioner(s).
Ms. Rajni Gupta, Additional Advocate
Mr. Kanwal Goyal, Advocate with
Ms. Sheena Dahiya, Advocate; and
Ms. Sukriti Gupta, Advocate
for the respondents.
TRIBHUVAN DAHIYA, J.
The aforementioned petitions are
common issues; accordingly, the same
the facts have been noticed from CWP
alia, seeking a writ of certiorari quashing
dated 02.08.2024, Annexure
respondent/Hayana Public Service Commission,
Annexure P-2, issued by the State
violative of the University Grants
for Appointment of Teachers
and Colleges and Measures for the
Education) Regulations, 2018 (for short,
law laid down by the Supreme Court
Punjab and others, 2025 INSC 834.
At the outset, learned counsel for
these petitions to quashing of advertisement
posts of Assistant Professor (English)
have been advertised.
Sandeep Bansal, Advocate,
Advocate with
Advocate General, Haryana.
with
and
are based upon similar facts
same are being decided together.
CWP-661-2026, which has been
quashing the advertisement 42 to
Annexure P-4, issued by the second
Commission, and memorandum dated
State Government on the ground of
Grants Commission (Minimum
Teachers and other Academic Staff in
the Maintenance of Standards in
short, ‘the 2018 Regulations’), in
Court in Mandeep Singh and others
834.
for the petitioners have restricted
advertisement 48 of 2024 only,
(English) in the Higher Education
facts
together.
been
to
second
dated
of
(Minimum
in
in
in
others
restricted
only,
Education
CWP-661-2026
connected matters
Key details
3.1. Facts
sent requisition
(College Cadre)
Commission.
Commission inviting
out as per the
the posts in response
per scheme/pattern
Screening Test.
advertised posts
Knowledge Test,
On the basis
number of posts
thirty-five per
the marks of
scheme/pattern
Scheme/Pattern
1.
2026 with
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Facts of the case in brief are, the
requisition for recruitment against 613
adre) English in the Higher Education
In turn, the advertisement in
inviting applications from the eligible,
procedure and criteria notified. The
response thereto. As notified, the
scheme/pattern of examination, requiring
Test. Based upon its result, candidates
posts are to be called for the next
Test, provided they secure minimum
of result of Subject Knowledge
posts are to be called for interview,
cent marks. The final merit list
of Subject Knowledge Test
scheme/pattern mentioned in the advertisement
Scheme/Pattern of Exam:-
1. Screening Test (wherever applicable)
a) Total number of MCQs:100
b) Time duration of the
c) Total Marks: 100
d) All questions carry equal
e) to h) xxx xxx xxx
i) Candidates four times
posts, including bracketed
for the next stage of selection
have secured the minimum
test.
the respondent State Government
613 posts of Assistant Professor
Education Department to the
in question was issued by the
eligible, for selection to be carried
The petitioners have applied for
selection is to be carried out as
requiring the candidates to appear for a
candidates four times the number of
next stage of selection/Subject
minimum twenty-five per cent marks.
Knowledge Test, candidates twice the
interview, provided they secure minimum
is to be prepared by calculating
and interview/vivo-voce. The
advertisement is as under:
applicable)
MCQs:100
exam: 02 hours
equal marks.
xxx
times the numbers of advertised
candidates if any, will be called
selection process, provided that they
minimum marks of 25% in the screening
Government
Professor
the
the
carried
for
as
a
of
selection/Subject
.
the
minimum
calculating
The
advertised
called
they
screening
CWP-661-2026
connected matters
2.
3.
the
3.2. The
08.06.2025, and
announced on
Subject Knowledge
02.12.2025. At
Submissions on
Regulations
4.1. Learned
has contended
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j) In cases, where the to
or nearly four times the number
Commission reserves its
directly for the subject knowledge
k) The marks obtained
screening test will not be
because it is only for short
subject knowledge test.
2. Subject Knowledge Test
a) Time duration of exam:
b) Total marks: 150
c) xxx xxx xxx
d) The numbers of the
interview will be two
candidates if any, of the
provided that they have
marks of 35%.
e) The weightage of the
87.5%.
3. Interview/Viva-Voce
The weightage of the interview
The final merit list will be prepared
the subject knowledge test and interview/viva
The petitioners appeared for
and were shortlisted for the next
on 13.07.2025. They, however,
Knowledge Test held on 17.08.2025;
At this stage, they filed the instant
on behalf of the petitioners, with
Learned senior counsel for the petitioners,
that the entire process of selection
total number of applicants is less
number of advertised posts, the
right to call the candidates
knowledge test.
obtained by the candidates in the
be counted for final selection
short listing of candidates, for the
exam: 03 hours
the candidates to be called for
times, including bracketed
the number of advertised posts
secured the minimum cut-off
the subject knowledge test will be
interview will be 12.5%.
prepared by adding the marks of
interview/viva-voce.
the Screening Test held on
next stage of selection as per result
remained unsuccessful in the
17.08.2025; its result was announced on
instant petition.
with the relevant extract of 2018
petitioners, Mr. D. S. Patwalia,
selection is vitiated being violative of
less
the
candidates
the
selection
the
for
bracketed
posts
off
be
of
on
result
the
on
2018
Patwalia,
of
CWP-661-2026
connected matters
the 2018 Regulations.
appointed to the
fulfills the requirements
recruitment as
4.0 lays down
mentions the
based upon their
the selection
Different scores
M.Phil., Ph.D.,
State, National
down constitution
procedure.
4.1.1. Regulation
4.0
4.1
Education,
Science,
Communication.
I.
Eligibility
A.
i)
in
concerned/relevant/allied
an
ii)
must
by
like
2026 with
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Regulations. Regulation 3.12 stipulate
the post of Teacher in a University
requirements as per the qualifications
as Assistant Professor, which is the
down the essential qualifications.
criteria for selection, that the candidates
their academic score as specified
shall be based only on their
scores have been specified therein for
Ph.D., NET, research publications, teaching
National and International levels, of the
constitution of selection committees and
Regulation 4.0 reads as under:
4.0 Direct Recruitment
4.1 For the Disciplines of
Education, Law, Social Sciences,
Science, Physical Education,
Communication.
Assistant Professor:
Eligibility (A or B)
A.
i) A Master's degree with 55%
in a point-scale wherever the grading
concerned/relevant/allied subject
an equivalent degree from an accredited
ii) Besides fulfilling the above
must have cleared the National Eligibility
by the UGC or the CSIR, or a similar
like SLET/SET or who are or have
stipulates that no one shall be
University or College unless such person
qualifications provided therein. For direct
the post in question, Regulation
qualifications. A Note thereto specifically
candidates are to be shortlisted
in Appendix II (Table 3B), and
performance in the interview.
for graduation, post-graduation,
teaching experience and awards at
the candidates. Regulation 5 lays
and Regulation 6, the selection
Arts, Commerce, Humanities,
Sciences, Sciences, Languages, Library
and Journalism and Mass
55% marks (or an equivalent grade
grading system is followed) in a
from an Indian University, or
accredited foreign university.
above qualifications, the candidate
Eligibility Test (NET) conducted
similar test accredited by the UGC,
have been awarded a Ph. D. Degree
be
n
direct
Regulation
specifically
shortlisted
and
interview.
graduation,
at
lays
selection
Humanities,
Library
Mass
grade
a
or
candidate
conducted
UGC,
Degree
CWP-661-2026
connected matters
in
Standards
Regulations
time
Provided
prior
then
awarding
exe
recruitment
positions
fulfillment
a)
regular
b)
external
c)
conducted
d)
his/her
journal;
e)
his/her
sponsored/fun
similar
The
Registrar
concerned.
Note:
Masters
not
UGC,
Or
2026 with
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in accordance with the University
Standards and Procedure for Award
Regulations, 2009 or 2016 and their
time as the case may be exempted
Provided, the candidates registered
prior to July 11, 2009, shall be governed
then existing Ordinances/Bye-laws/Regulations
awarding the degree and such
exempted from the requirement
recruitment and appointment of Assistant
positions in Universities/Colleges/Institutions
fulfillment of the following conditions
) The Ph.D. degree of the candidate
regular mode;
b) The Ph.D. thesis has been
external examiners;
c) An open Ph.D. viva voce
conducted;
d) The Candidate has published
his/her Ph.D. work, out of which
journal;
e) The candidate has presented
his/her Ph.D work
sponsored/funded/supported by
similar agency.
The fulfilment of these conditions
Registrar or the Dean (Academic
concerned.
Note: NET/SLET/SET shall also
Masters Programmes in disciplines
not conducted by the UGC, CSIR
UGC, like SLET/SET.
Or
University Grants Commission (Minimum
Award of M.Phil./Ph.D. Degree)
their amendments from time to
exempted from NET/SLET/SET:
registered for the Ph.D. programme
governed by the provisions of the
laws/Regulations of the Institution
such Ph.D. candidates shall be
requirement of NET/SLET/SET for
Assistant Professor or equivalent
Universities/Colleges/Institutions subject to the
conditions
candidate has been awarded in a
been evaluated by at least two
voce of the candidate has been
published two research papers from
which at least one is in a referred
presented at least two papers based on
in conferences/seminars
the UGC/ICSSR/CSIR or any
conditions is to be certified by the
(Academic Affairs) of the University
also not be required for such
disciplines for which NET/SLET/SET is
CSIR or similar test accredited by the
(Minimum
Degree)
to
programme
the
Institution
be
for
equivalent
the
a
two
been
from
referred
on
conferences/seminars
any
the
University
such
is
the
CWP-661-2026
connected matters
B.
university/institution
University
Quacquarelli
(THE)
(ARWU)
Note:
3A)
shall
interview
performance
Appendix
Table
Table
Table
Criteria
post
S.
1.
2.
3.
4.
5.
6.
7.
8.
2026 with
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-8-
B. The Ph.D degree has been
university/institution with a ranking
University Ranking (at any time)
Quacquarelli Symonds (QS) (ii)
(THE) or (iii) the Academic Ranking
(ARWU) of the Shanghai Jiao Tong
Note: The Academic score as specified
3A) for Universities, and Appendix
shall be considered for short-
interview only, and the selections
performance in the interview.
Appendix II
Table 1 and 2 xxx xxx xxx
Table 3A xxx xxx xxx
Table 3B
Criteria for Short-listing of candidates
post of Assistant Professors in Colleges
S. N. Academic Record
Graduation 80% &
Above =
21
Post-Graduation 80% and
Above =25
M.Phil. 60% &
above = 07
Ph.D. 25
NET with JRF 10
NET 08
SLET/SET 05
Research
Publications (2 marks
for each research
publications
published in Peer-
Revised or UGC-
listed Journals)
06
Teaching/Post
Doctoral Experience
(2 marks for one year
each)
10
Awards
International/National
level (Awards given
by International
Organisations/
Government of India
/Government of India
03
been obtained from a foreign
ranking among top 500 in the World
by any one of the following: (i)
) the Times Higher Education
Ranking of World Universities
Tong University (Shanghai)
specified in Appendix II (Table
Appendix II (Table 3B) for Colleges,
-listing of the candidates for
selections shall be based only on the
xxx
xxx
candidates for Interview for the
Colleges
Score
&
=
60% to less
than 80% =
19
55% to
less than
60% = 16
45% to
less than
55% = 10
and
=25
60% to less
than 80%
=23
55% (50% in case of
SC/ST/OBC (non-
creamy layer)/PWD)
to less than 60% =20
&
07
55% to less than 60% = 05
foreign
World
)
Education
ties
(Table
leges,
for
the
the
to
than
of
-
layer)/PWD)
CWP-661-2026
connected matters
4.1.2. Under
guidelines of
committee for
and constituent
Department/Teacher
subject experts
5.0
AND
5.1
I.
V.
Constituent
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recognised National
Level Bodies)
State-Level
(Awards given by
State Government)
02
Under Regulation 5.0, constitution
selection have been prescribed,
for the post of Assistant Professor
constituent Colleges, shall consist of Chairperson,
Department/Teacher-incharge, two nominees
experts and an academician. It reads as
5.0 CONSTITUTION OF SELECTION
AND GUIDELINES ON SELECTION
5.1 Selection Committee Composition
to IV. xxx xxx
V. Assistant Professor in College
Constituent Colleges:
(a) The Selection Committee
Professor in Colleges, including
Colleges shall consist of the
i) Chairperson of the Governing
his/her nominee from amongst
Governing body, who shall
Committee.
ii) The Principal of the College.
iii) Head of the Department/Teacher
concerned in the College.
iv) Two nominees of the Vice
university, of whom one should
of colleges notified/declared
institution, two nominees of
from out of a panel of five
minority community, recommended
of the affiliating university,
constitution of selection committees and
prescribed, which require that selection
Professor in Colleges, including private
Chairperson, Principal, Head of the
nominees of the Vice Chancellor, two
as under:
SELECTION COMMITTEES
SELECTION PROCEDURE:
Composition
xxx
Colleges, including Private and
Committee for the post of Assistant
including Private and constituent
following persons:
Governing Body of the college or
amongst the members of the
shall be the Chairperson of the
College.
Department/Teacher-incharge of the subject
Vice-Chancellor of the affiliating
should be a subject-expert. In case
notified/declared as a minority educational
of the Chairperson of the college
five names, preferably from the
recommended by the Vice-Chancellor
from the list of experts suggested
and
selection
private
the
two
COMMITTEES
and
Assistant
constituent
or
the
the
subject
affiliating
case
educational
college
the
Chancellor
suggested
CWP-661-2026
connected matters
4.1.3. Regulation
contains additional
6.0
I.
transparent,
the
weightage
relevant
proforma,
In
assess
2026 with
matters
-10-
by the relevant statutory body
should be a subject-expert.
v) Two subject-experts not
shall be nominated by the
governing body out of a panel
by the Vice-Chancellor from
approved by the relevant statutory
concerned. In case of colleges
educational Institutions, two
with the University nominated
Governing Body of the College
names, preferably from
recommended by the Vice-Chancellor
experts approved by the
College.
vi) An academician representing
Women/Differently-abled categor
belonging to any of these categories
nominated by the Vice-Chancellor,
members of the selection committee
category.
(b) Five members, including
shall constitute the quorum.
Regulation 6.0, lays down the
additional stipulations for making selections,
6.0 Selection Procedure:
The overall selection
transparent, objective and credible
the merits and credentials of
weightage given to the performance
relevant parameters and his/her performance
proforma, based on Appendix II, Tables
In order to make the system more
assess the ability for teaching and/or
body of the college, of whom one
connected with the college who
the Chairperson of the College
panel of five names recommended
from the list of subject experts
statutory body of the university
colleges notified/declared as minority
two subject experts not connected
nominated by the Chairperson of the
College out of the panel of five
the minority communities,
Chancellor from the list of subject
relevant statutory body of the
representing SC/ST/OBC/Minority/
categories, if any of candidates
categories is the applicant, to be
Chancellor, if any of the above
committee does not belong to that
including two outside subject experts,
selection procedure and also
selections, which reads as under:
procedure shall incorporate
credible methodology of analysis of
the applicants based on the
performance of the candidate in different
performance on a grading system
Tables 1, 2, 3A, 3B, 4, and 5.
more credible, universities may
and/or research aptitude through a
one
who
College
recommended
experts
university
minority
connected
the
five
communities,
subject
the
SC/ST/OBC/Minority/
candidates
be
above
that
experts,
also
corporate
of
the
different
tem
may
a
CWP-661-2026
connected matters
seminar
capacity
the
the
selection
4.2. Referring
contended that
requirements to
laid down in the
adopted the 2018
(UGC), has made
4.2.1. N
selection of Assistant
Commission as
UGC Regulations.
italics] reads as
4.0
4.1
Education,
Science,
Communication.
I.
Eligibi
2026 with
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-11-
seminar or lecture in a classroom
capacity to use the latest technology
the interview stage. These procedures
the direct recruitment and the
selection committees are prescribed
Referring to these Regulations,
that the respondents have deviated
to make selection, and have only
the Regulations. The memorandum
2018 Regulations issued by the
made the following additions/modifications
Note to Regulation 4.1 has been
Assistant Professor in Government
as per criteria determined by the
Regulations. Note under para 4.0 [with
as under:
4.0 Direct Recruitment
4.1 For the Disciplines of
Education, Law, Social Sciences,
Science, Physical Education,
Communication.
Assistant Professor :
Eligibility (A or B)
xxx xxx xxx
Note: The Academic score
(Table 3A) for Universities
short-listing of the candidates
the selections shall be based
the interview. Selection
Government Colleges shall
Govt. Aided Private Colleges,
classroom situation or discussion on the
technology in teaching and research at
procedures can be followed for both
the CAS promotions, wherever
prescribed in these Regulations.
learned senior counsel further
deviated from these mandatory
only partially followed the criteria
memorandum dated 11.11.2022, which has
University Grants Commission
additions/modifications/ alterations.
modified with a stipulation that
Government Colleges shall be made by the
State Government based on the
with modifications highlighted in
Arts, Commerce, Humanities,
Sciences, Sciences, Languages, Library
and Journalism and Mass
score as specified in Appendix II
Universities shall be considered for
candidates for interview only, and
based only on the performance in
Selection of Assistant Professors in
shall be made by HPSC and in
Colleges, as per criteria determined
the
at
both
wherever
further
mandatory
criteria
has
Commission
that
the
the
in
Humanities,
Library
Mass
II
for
and
in
in
in
determined
CWP-661-2026
connected matters
4.2.2. On
constitution of
down, that in
selection according
the rules/instructions
which reads as
5.0
Selection
5.1
I.
V.
Constituent
4.2.3. Further,
additional stipulations
reads as under
6.0
1.
transparent,
the
2026 with
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-12-
by the State Govt. from
regulations.
On the same lines, under para
of selection committee and guidelines
in case of Government Colleges
according to the existing system of direct
nstructions of the Haryana Government
as under [the modifications have been
5.0 Constitution of Selection Committees
Selection Procedure:
5.1 Selection Committee Composition
to IV. xxx xxx xxx
V. Assistant Professor in College
Constituent Colleges:
(a) In case of Government
Public Service Commission
the existing system of direct
the rules/instructions of the
from time to time.
(b) In case of Govt.-Aided
for selection shall continue
Haryana Affiliated Colleges
and rules framed thereunder
from time to time.
Further, under para 6.0, the selection
stipulations for making selections in
[the modifications have been highlighted
6.0 Selection Procedure:
1. The overall selection
transparent, objective and credible
the merits and credentials of
time to time based on UGC
para 5.0, modified provision for
guidelines of selection have been laid
Colleges the Commission shall make
direct recruitment or according to
Government issued from time to time,
been highlighted in italics]:
Committees and Guidelines on
Composition
Colleges including Private and
Government Colleges, the Haryana
Commission shall make selection according
direct recruitment or according to
the Haryana Government issued
Aided colleges, the existing system
continue as per their service rules under
Colleges (Security of Service) Act 1979
thereunder by the Haryana Government
selection procedure also contains
in Government Colleges, which
highlighted in italics]:
procedure shall incorporate
credible methodology of analysis of
the applicants based on the
UGC
for
laid
make
to
time,
on
and
Haryana
according
to
issued
system
under
1979
Government
contains
which
incorporate
of
the
CWP-661-2026
connected matters
weightage
relevant
proforma,
However,
select
Government
selection
4.3. These
contends, are
(supra), which
Government and
followed for
Colleges. It cannot
respondents by
has rendered
basis. As a consequence,
thereto has become
4.4. Mr.
connected petition,
been reiterated
Puducherry Technological
asserts that the
participating in
to accept any illegality
upon Dr. (Major)
17. No other submission
2026 with
matters
-13-
weightage given to the performance
relevant parameters and his/her performance
proforma, based on Appendix II,
However, in case of Govt-Aided colleges,
selection shall continue or as
Government from time to time and
selection criteria shall be determined
These changes in selection process,
in contravention of the law laid
which mandates that the UGC Regulations
and selection process laid down
appointment of teachers, including
cannot be deviated from or modified,
by issuing the impugned memorandum
it illegal, as also the impugned
consequence, entire selection process
become vitiated, and needs to be set
Mr. Sarthak Gupta, learned counsel
petition, additionally submitted that
iterated in Dr. S. Mohan v. The
Technological University and others,
the petitioners are entitled to
in the selection process, as by doi
illegality in the process. In this
(Major) Meeta Sahai v. State of Bihar
submission has been made on behalf
performance of the candidate in different
performance on a grading system
II, Tables 1, 2, 3A, 3B, 4, and 5.
colleges, the existing criteria for
as framed by the Haryana
and in case of Govt Colleges, the
determined by HPSC.
process, learned senior counsel
laid down in Mandeep Singh case
Regulations are binding on the State
down therein has to be mandatorily
including Assistant Professors in
modified, as has been done by the
memorandum dated 11.11.2022, which
impugned advertisement issued on that
process being carried out pursuant
set aside.
counsel for the petitioners in a
that the position of law has again
Secretary to the Chancellor,
others, 2026 AIR SC 730. He also
to approach this Court despite
doing so they have not consented
regard reliance has been placed
Bihar and others, (2019) 20 SCC
behalf of the petitioners.
different
system
5.
for
Haryana
the
counsel
case
State
mandatorily
in
the
which
that
pursuant
a
again
Chancellor,
also
despite
consented
placed
SCC
CWP-661-2026
connected matters
Submissions on
5.1. Learned
Regulations per
same been adopted
memorandum
appropriate modification/addition
(a) of para 5.1(
This is with respect
for interview of
and the Government
modifications
the Haryana Education
short, ‘the 1986
(College Cadre)
The Regulations
UGC by any
taken any such
the Government
5.2. Mr.
contended that
applications for
different subjects,
been completed
recommendations
09 subjects, including
and Subject Knowledge
2026 with
matters
-14-
on behalf of the respondents
Learned State counsel, Ms. Rajni
per se are not applicable on the State
adopted as such. The adoption of these
dated 11.11.2022 is only with
modification/addition has been made
(V) and para 6.0(I) of the Regulations
respect to the procedure of selection
of teachers in the Government
Government is within its powers to
the statutory service Rules for the
Education (College Cadre) Group
1986 Rules’), have also been amended
Cadre) Group-B Service (Amendment)
Regulations are only binding when financial
Institution/University/College,
such assistance. This makes the Regulations
Government is concerned, and the same are
Mr. Kanwal Goyal, learned counsel
that after issuance of the advertisement
for 2424 posts of Assistant Professor
subjects, selection process for the posts
completed with the announcement
recommendations to the Government regarding
including English, two stages of
Knowledge Test, have been completed;
Rajni Gupta, contends that the 2018
State Government, nor have the
these Regulations vide impugned
amendments. On that account,
made to Note to para 4.0, clause
Regulations before adopting the same.
selection and shortlisting of candidates
or Government-aided Colleges,
to do so. And in terms of these
the post of Assistant Professor –
Group-B Services, Rules, 1986 (for
amended by the Haryana Education
(Amendment) Rules, 2024, Annexure R-2.
financial assistance is taken from the
and the Government has not
Regulations only directory so far as
are not mandatory.
counsel for the Commission, has
advertisement in question, inviting
Professor (College cadre) in 26
posts in 17 subjects has already
of final result and sending
regarding those posts. Of the remaining
of selection, viz., Screening Test
completed; only for the subject of
2018
the
impugned
account,
clause
same.
candidates
Colleges,
these
–
(for
Education
2.
the
not
as
has
inviting
26
already
sending
remaining
Test
of
CWP-661-2026
connected matters
Environmental
still to be declared;
apart from Screening
been conducted.
unsuccessful in
Secondly, Mr.
Singh case (supra
the instant case.
Regulations, and
the purview of
laying down its
is not the case
accordingly cannot
submitted that
is ‘based upon
‘adopted’.
6. Submissions
considered.
Analysis
7.1. As
on 02.08.2024;
Assistant Professor
many of the subjects
different stages
restricted their
whereby posts
2026 with
matters
-15-
Environmental Science (advertisement 49 of
declared; and for the subject in question
Screening Test and Subject Knowledge
conducted. The petitioners have approached
in the Subject Knowledge Test,
Goyal has taken this Court through
supra) in detail to show that it has
case. It was a case where the State
and subsequently excluded the posts
of the Punjab Public Service Commission
its own selection procedure in violation
case so far as the respondents are
cannot take any benefit from
the impugned memorandum dated
upon’ the 2018 Regulations, and
Submissions made by learned counsel
As apparent on record, the advertisement
02.08.2024; it was a composite advertisement
Professor in different subjects. The selection
subjects has already been completed,
stages after the Screening Test. However,
their challenge in the petitions only
posts of Assistant Professor (English)
of 2024) Screening Test result is
question (advertisement 48 of 2024)
Knowledge Test, interviews have also
approached this Court after remaining
which should not be permitted.
through the judgment in Mandeep
has no application to the facts of
of Punjab had adopted the UGC
posts of Assistant Professor from
Commission (for short, ‘the PPSC’),
violation of the Regulations. This
are concerned, and the petitioners
the judgment. Lastly, he has
dated 11.11.2022 itself mentions it
not that the same have been
counsel for the parties have been
advertisement in question was issued
advertisement for the 2424 posts of
selection process with respect to
completed, and for the remainder it is at
However, the petitioners have
only to advertisement 48/2024,
(English) have been advertised. They
is
2024)
also
remaining
permitted.
Mandeep
of
UGC
from
PPSC’),
This
petitioners
has
it
been
been
issued
of
to
at
have
48/2024,
They
CWP-661-2026
connected matters
have participated
well, but remained
Knowledge Test
been laid to
11.11.2022, based
been framed by
notified by the
premised on the
Government, and
modification
memorandum
Regulations, are
basis vide the
Commission, as
selected based
for shortlisting
merit list is to
Subject Knowledge
the 2018 Regulations,
academic score
M.Phil., Ph.D.,
academic awards)
selected solely
7.2. Accordingly,
2018 Regulations
without any change,
2026 with
matters
-16-
participated in the selection process and
remained unsuccessful in the next
Test as per its result declared on
the advertisement and the Government
based upon which the criteria for
by the Commission which are not
the UGC. The arguments advanced
the plea that the Regulations are mandatory
and the same could not have been
or amendment as has been
dated 11.11.2022. The modifications
are illegal, as also the selection process
the impugned advertisement. The
as set out in the advertisement,
based upon a scheme/pattern of examination
shortlisting, followed by Subject Knowledge
to be drawn based upon the marks
Knowledge Test as well as interview.
Regulations, which require the candidates
score (based upon performance in
Ph.D., NET, research publications,
awards) specified in Appendix II
solely as per their performance in the
Accordingly, the issue arises for
Regulations are binding in nature requiring
change, addition or deletion
and cleared the Screening Test as
next stage of selection/Subject
02.12.2025. The challenge has
Government memorandum dated
for shortlisting and selection have
not as per the 2018 Regulations
advanced on behalf of the petitioners are
mandatory and binding upon the
been adopted with any kind of
been done vide the impugned
modifications being at variance with the
process being carried out on that
The process adopted by the
is that the candidates are to be
examination after a Screening Test
Knowledge Test and interview. The final
marks obtained by the candidates in
interview. This process is not in line with
candidates to be shortlisted as per the
in graduation, post-graduation,
publications, teaching experience, and
II Table 3B for Colleges, and
interview.
for consideration is, whether the
requiring their adoption in toto -
- so far as laying down the
as
election/Subject
has
dated
ve
Regulations
are
the
of
impugned
the
that
the
be
Test
final
in
with
the
graduation,
and
and
the
-
the
CWP-661-2026
connected matters
qualifications
concerned.
Applicability of
8.1. The
the 2018 Regulations
based upon the
appropriate to
found that the
Professor and
UGC Regulations.
requisition to
and 50 posts of
and 17 posts
established Colleges.
sought PPSC’s
committee. The
Chairman had
memorandum
posts of Assistant
committee which
change of Government
recruitment was
only on the basis
committees of
posts (931+160)
would be filled
2026 with
matters
-17-
and the selection procedure, including
of Mandeep Singh case
The assertion by learned senior
Regulations are mandatory for the Government
the judgment in Mandeep Singh
to discuss the same in detail. In
selection made by the State of Punjab
Librarian in Government Degree
Regulations. In January, 2021, Punjab
the PPSC for recruitment of 931
of Librarian; later, additional 160
posts of Librarian were created and
Colleges. On 15.09.2021, the Department
PPSC’s consent to fill these posts through
The PPSC expressed its inability to
had not been appointed. The
dated 17.09.2021, approved the
Assistant Professor and Librarian
which had to follow the UGC guidelines
Government in the State of Punjab on
was changed and it was decided
basis of written test to be conducted
of two State Universities. It was
(931+160) of Assistant Professor and
filled through selection by these
including that of shortlisting, is
counsel for the petitioners that
Government to follow, is solely
Singh case (supra). It is, therefore,
In that case, the Supreme Court
Punjab for the posts of Assistant
Degree Colleges, was violative of the
Punjab Government had sent a
931 posts of Assistant Professor
160 posts of Assistant Professor
and sanctioned for the newly
Department of Higher Education
through a departmental selection
to respond on the ground that its
Government thereupon, vide
the recruitment of these additional
through departmental selection
guidelines or regulations. With the
on 20.09.2021, entire process of
decided that selection would be made
conducted by two separate selection
was also decided that all the 1091
67 posts (50+17) of Librarian
committees. The decision was
is
that
solely
therefore,
Court
Assistant
the
a
Professor
Professor
newly
Education
selection
its
vide
additional
selection
the
of
made
selection
1091
Librarian
was
CWP-661-2026
connected matters
placed for approval
observation that
Council of
advertisement
accordingly conducted,
meanwhile, writ
Court in the last
the recruitment
which were adopted
to these posts ought
8.2. In
seminal importance
the Constitution
17.
formation
Union
establishment,
body
Government
procedure.
this
Thereafter, the
Government under
relating to methods
mandatory. In
Manbodhan Lal
selections could
were within the
2026 with
matters
-18-
approval before the Chief Minister
that it would be subsequently placed
Ministers, which was never
for the aforementioned posts
conducted, and the result was announced
writ petitions challenging the advertisement
last week of November, 2021. The
recruitment had been made in violation of
adopted by the State of Punjab on
ought to have been made through
In this background, the Supreme
importance of the Public Service Commission
stitution, and held as under:
17. Our entire purpose here of
formation of Public Service Commission
Union as well as State level, was
establishment, which was to have
body which should select the
Government posts, and to have fairness
procedure. The present dispute which
this concern.(italics by this Court)
the Court delved into the issue whether
under Article 320(3)(a) ‘to consult
methods of recruitment to civil services
the light of Constitution Bench
Lal Srivastava, 1957 SCC Online
could not have been made by the Punjab
the purview of the Commission. The
Minister on 12.10.2021, with the
placed for approval before the
never done. On 19.10.2021, the
posts was issued. The exam was
announced on 28.11.2021. In the
advertisement were filed before this
The ground of challenge was that
of the UGC Regulations, 2010,
on 30.07.2013. And that selection
through the PPSC.
Supreme Court first considered the
Commission under Article 320 of
giving this background to the
Commission in India both at the
to emphasize the purpose for its
have an impartial and autonomous
the best possible persons for
fairness and transparency in the
which is before this Court reflects
Court)
whether the requirement for the
consult the commission on all matters
services and for civil posts’ was
Bench judgment in State of U. P. v.
Online SC 4, it was held that the
Punjab Government as the posts
The observations are:
the
the
the
was
the
this
that
2010,
selection
the
of
the
the
its
autonomous
for
the
reflects
the
matters
was
v.
the
posts
CWP-661-2026
connected matters
24.
had
proviso
against
hand,
already
Commission
our
State
Commission.
Librarians
words,
Thus,
Commission,
25.
stating
2022
1955
purview
this
concluding
letters
exercise.
posts
Article
8.3. Thereafter,
considered, and
2010 Regulations
so were to uplift
that while making
were to be seen.
the State of Punjab
2026 with
matters
-19-
24. In other words, this Court
had recognised the importance of
proviso to Article 320(3) of the
against the casual bypassing of
hand, Regulations as contemplated
already in existence in Punjab known
Commission (Limitation of Functions)
our purposes, it is relevant to note
State had taken out certain posts
Commission. Admittedly, the posts
Librarians in Degree Colleges were
words, these posts were within the
Thus, selection of these posts was
Commission, and it was mandatory
25. The respondents have tried
stating that the State had amended
2022 (by retrospective effect), by
1955 Regulations and these posts
purview of Commission. All the
this argument inasmuch as the
concluding the entire recruitment
letters to the selected candidates.
exercise. The Government had already
posts which could only have been
Article 320 of the Constitution of
Thereafter, the applicability of
and the Court noticed that the State
Regulations vide order dated 30.07.2013.
uplift the standard of higher education,
making selection to the posts of
seen. It was also observed that the Regulations
Punjab as the same had been adopted
in Manbodhan Lal Srivastava,
of Regulations framed under the
Constitution and had cautioned
the Regulations. In the case at
contemplated under the Proviso were
known as Punjab Public Service
Functions) Regulations, 1955. For
note that with these Regulations the
posts outside the purview of the
posts of Assistant Professors and
were not amongst them. In other
the purview of the Commission.
was within the purview of the State
mandatory that it ought to be consulted.
tried to meet this deficiency by
amended the 1955 Regulations in March
by mentioning these posts in the
posts were then taken out from the
same, we are unable to accept
the amendment was made after
process and giving appointment
candidates. It was hence a post facto
already made its selections on the
been done by the Commission under
of India.
of the UGC Regulations was
State Government had adopted the
30.07.2013. The reasons assigned in doing
education, with the primary intention
Assistant Professor API scores
Regulations remained in force in
adopted by incorporation, and not by
,
the
cautioned
at
were
Service
For
the
the
and
other
Commission.
State
by
March
the
the
accept
after
appointment
facto
the
under
was
the
doing
intention
scores
in
by
CWP-661-2026
connected matters
reference, which
the repeal of the
bearing on the
noticed that later
only showed
reflected by the
40.
in
incorporation
Regulations
insofar
was
of
Regulations.
of
30.07.2013
Assistant
purpose;
41.
minute
931
government
of
of
Librarians
where
purview
can
which
here
following
17.09.2021
2026 with
matters
-20-
which could not have been ignored
the 2010 Regulations by the subsequent
the applicability of the former in
later, the 2018 Regulations were also
it acknowledged their importance.
the following observations of the Court.
40. Thus, officially the 2010 UGC
in the State of Punjab as these
incorporation and not by reference.
Regulations by the UGC Regulations
insofar as applicability of 2010 Regulations
was concerned. Also, it is on record
of the Division Bench, the State
Regulations. This shows that the
of the UGC Regulations. The chief
30.07.2013 is that while making
Assistant Professors API Scores
purpose; which negates a simple objective
41. Doing away with the 2010
minute decision. In January 2021
931 Assistant Professors and 50 Librarians
government to the Commission.
of Ministers was held on 17.09.2021
of additional 160 posts of Assistant
Librarians which had come up in
where a decision was taken to
purview of the Public Service Commission
can be made through a Departmental
which we have already mentioned
here is that till this time the Government
following the 2010 Regulations
17.09.2021 inter-alia states:- …
for making the selection. Even
subsequent 2018 Regulations had no
in the State. The Court further
also adopted by the State which
importance. This consideration gets
Court.
UGC Regulations were in force
these were adopted by way of
reference. The repeal of 2010
Regulations of 2018 had no impact
Regulations in the State of Punjab
record that after the impugned order
State adopted the 2018 UGC
State recognises the importance
chief intention of the G.O. dated
making selection to the posts of
Scores are to be seen. This was the
objective type test.
2010 Regulations was also a last
2021 requisition for recruitment of
Librarians was sent by the State
Then, a meeting of the Council
17.09.2021 in relation to the recruitment
Assistant Professors and 17 posts of
in 16 new Government Colleges
remove these posts from the
Commission so that recruitment
Departmental Selection Committee,
mentioned above, but what is significant
Government had all the intentions of
Regulations as the memorandum dated
en
no
further
which
gets
force
of
2010
impact
Punjab
order
UGC
importance
dated
of
the
last
of
State
Council
recruitment
of
Colleges
the
recruitment
Committee,
significant
of
dated
CWP-661-2026
connected matters
Till
following
remove
Finally, the Court
selection and the
for striking down
56.
above.
UGC
written
establish
the
Constitution.
down
High
8.4. It
laid down that
issue did not arise
the 2010 Regulations
of Punjab, unequivocally
same time, the
derogation thereof
due procedure
for selection based
complete elimination
contrary to the
meet the standards
view of the matter,
The petitioners’
2026 with
matters
-21-
Till 17.09.2021, therefore, the Governme
following the 2010 Regulations. The
remove the posts out of the purview
Court concluded that there were
the whole exercise had been carried
down of the entire selection. It held
56. In the present case there are
above. The giving away of a rigorous
UGC regulations with a single,
written test, and the complete elimination
establish the arbitrary nature of
the test of reasonableness laid
Constitution. Hence, the learned
down the entire selection process,
High Court erred in interfering with
It is, therefore, apparent that Mandeep
that the UGC Regulations are per se
arise for consideration specifically.
Regulations had already been adopted
unequivocally expressing its intention
the selection to the posts of Assistant
thereof by excluding the posts from
procedure for such exclusion was also not
based upon a written test with
elimination of viva-voce, were also
the one prescribed under the 2010
standards of recruitment of teachers
matter, the entire selection process
petitioners’ attempt to read the judgment
Government had full intentions of
The decision earlier was only to
purview of Commission.
were multiple deficiencies in the
rried out arbitrarily which called
d as under:
are multiple deficiencies, as stated
rigorous criteria laid down in the
multiple choice question based
elimination of the viva-voice, all
the exercise which cannot pass
down under Article 14 of the
Single Judge had rightly struck
process, and the Division Bench of the
with that conclusion.
Mandeep Singh case (supra) has not
se applicable on the State, as the
specifically. Instead, it was a case where
adopted by incorporation by the State
intention to follow the same. At the
Assistant Professor was carried out in
from the purview of the PPSC. The
not followed. Besides, the criteria
multiple choice questions and
also considered unlawful for being
2010 Regulations and its failure to
teachers for higher education. In this
process was held arbitrary and illegal.
judgment otherwise and contend that it
of
to
the
called
stated
the
based
all
pass
the
struck
the
not
the
where
State
the
in
The
criteria
and
being
to
this
illegal.
it
CWP-661-2026
connected matters
makes the UGC
misconceived
Whether the
adoption in toto
9.1. The
higher education
sub-section (1
Commission Act,
nature. This is
Gadhvi v. State
was to the appointment
contained in the
the qualifications
the Court held
Universities established
University Act
with the 2018
Since it was
therewith, the
observations by
50.
by
26(1)(g)
rule
each
legislation,
any
legislation,
2026 with
matters
-22-
UGC Regulations mandatory for
and accordingly stands rejected.
2018 Regulations are binding
toto
The 2018 Regulations, laying down
education in the country, have been notified
1) to Section 26 read with Section
Act, 1956 (for short, ‘the UGC Act
is the settled law and has been reiterated
State of Gujarat and others, (2022)
appointment of a Vice-Chancellor
the State University Act which were
qualifications prescribed in the 2018 Regulations
held that the Regulations were binding
established by it. And it was incumbent
Act regarding the appointment of
2018 Regulations, which had already
found that the University Act
Vice-Chancellor’s appointment
by the Court can be referred to:
50. It cannot be disputed that the
by the UGC in exercise of powers
26(1)(g) of the UGC Act, 1956. Even
rule and regulation made under the
each House of Parliament. Therefore,
legislation, UGC Regulations becomes
any conflict between the State
legislation, Central legislation shall
the Government in entirety, is
rejected.
binding in nature requiring their
down the standard and norms of
notified under clause (e) and (g) of
Section 14 of the University Grants
Act’). The same are mandatory in
reiterated in the Gambhirdan K.
5 SCC 179, where the challenge
statedly made as per provisions
were found to be in derogation of
Regulations. Considering the issue,
binding on the States as well as the
incumbent upon them to amend the
Vice-Chancellor in consonance
already been adopted by the State.
and statutes were at variance
appointment was set aside. The following
the UGC Regulations are enacted
powers under Sections 26(1)(e) and
Even as per the UGC Act every
the said Act, shall be laid before
Therefore, being a subordinate
becomes part of the Act. In case of
State legislation and the Central
shall prevail by applying the
is
their
of
of
Grants
in
K.
challenge
provisions
of
,
the
the
consonance
.
variance
following
enacted
and
every
before
subordinate
of
Central
the
CWP-661-2026
connected matters
rule/principle
Constitution
(List
any
of
statutory
9.2. Recently,
in Dr. S. Mohan
Puducherry, in
Seventh Schedule
University Act,
President of India
Vice-Chancellor
constituted search
appointed the appellant
order dated 17.12.2021.
Court, a challenge
mandated formation
Vice-Chancellor
conformity with
committee to include
High Court declared
being inconsistent
Vice-Chancellor.
Regulations trac
same had been
exercise of its
2026 with
matters
-23-
rule/principle of repugnancy as enunciated
Constitution as the subject "education"
(List III) of the Seventh Schedule
any appointment as a Vice-Chancellor
of the UGC Regulations can be
statutory provisions, warranting a
Recently, the issue was again considered
Mohan case (supra). It was a case
in exercise of its legislative powers
Schedule of the Constitution, enacted
Act, 2019, (for short, ‘the PTU Act’)
India on 31.03.2020. It prescribed
Chancellor under Section 14. Accepting
search-cum-selection committee,
appellant therein as first Vice-Chancellor
17.12.2021. This appointment was
challenge was also laid to Section
ormation of a search-cum-selection
Chancellor. It was on the ground that
with Regulation 7.3 of the 2018
include a nominee of the Chairman,
declared Section 14(5) of the PTU
inconsistent with Regulation 7.3, and set
Chancellor. Affirming the view, the
traced their source to Entry 66 of
been framed under the UGC Act,
exclusive power to legislate on
enunciated in Article 254 of the
"education" is in the Concurrent List
Schedule to the Constitution. Therefore,
Chancellor contrary to the provisions
be said to be in violation of the
a writ of quo warranto.
considered by the Supreme Court
case where the Union Territory,
powers under Article 246 read with
enacted the Puducherry Technological
Act’) which was assented to by the
prescribed a procedure for appointment of
Accepting the recommendation of a duly
committee, the Lieutenant Governor
Chancellor of the University, vide
was challenged before the High
14(5) of the PTU Act, which
selection committee for appointment of
that the provision was not in
2018 Regulations, requiring such
Chairman, UGC, as its member. The
PTU Act ultra vires on account of
set aside the appointment of the
Supreme Court held that the
List I of the Constitution, as the
Act, enacted by the Parliament in
the subject. Therefore, the PTU
the
List
Therefore,
provisions
the
Court
Territory,
with
Technological
the
of
duly
Governor
vide
High
which
of
in
such
The
of
the
the
the
in
PTU
CWP-661-2026
connected matters
Act was required
down the mandatory
observations of
40.
of
the
26(1)(e)
which
exclusive
Constitution.
41.
conformity
which
Vice
Selection
the
integral
in
the
it
constituted
UGC,
Regulations,
to
Selection
Regulations,
Regul
enactment
field
9.3. Accordingly,
legislate for coordination
higher education
2026 with
matters
-24-
required to operate in strict conformity
mandatory framework for appointment
of the Court in this regard are as under:
40. The UGC Regulations, 2018
of List I, inasmuch as the said Reg
the UGC in exercise of the powers
26(1)(e) and 26(1)(g) read with
which itself has been enacted by
exclusive legislative competence
Constitution.
41. On that anvil, the PTU Act
conformity with Regulation 7.3 of
which lays down a mandatory framework
Vice-Chancellor and, inter alia,
Selection Committee must necessarily
the Chairman, UGC. The inclusion
integral component of the standards
in higher education, any deviation
the scheme envisaged under the Regulations.
is undisputed that the Search-
constituted without the inclusion of
UGC, in clear disregard of
Regulations, 2018. Consequently,
to the extent it prescribes a composition
Selection Committee contrary
Regulations, 2018, has to be declared
Regulations, 2018, which have
enactment traceable to Entry 66
field and therefore, possess overriding
Accordingly, it is in the Parliament
coordination and determination
education under Entry 66 of List I - Union
formity with Regulation 7.3 laying
appointment of Vice-Chancellor. The
under:
2018 trace their source to Entry 66
Regulations have been framed by
powers conferred under Section
with Section 14 of the UGC Act,
the Parliament in exercise of its
under Entry 66 of List I of the
was required to operate in strict
of the UGC Regulations, 2018,
framework for appointment of a
stipulates that the Search-cum-
necessarily include one nominee of
inclusion of a UGC nominee being an
standards prescribed for appointments
deviation therefrom strikes at the root of
Regulations. In the present case,
-cum-Selection Committee was
of the nominee of the Chairman,
Regulation 7.3 of the UGC
Consequently, Section 14(5) of the PTU Act,
composition of the Search-cum-
to the mandate of the UGC
declared ultra vires the UGC
been framed under a Central
66 of List I, which occupies the
overriding effect.
Parliament’s exclusive domain to
of standards in institutions for
Union List in the Seventh Schedule
laying
The
66
by
Section
Act,
its
the
strict
2018,
a
-
of
an
appointments
of
case,
was
Chairman,
UGC
Act,
-
UGC
UGC
Central
the
to
for
Schedule
CWP-661-2026
connected matters
to the Constitution
standards in institutions
technical institutions
purpose under
this legislative
States. Prescribing
appointment to
determination
and research in
teachers and other
who have to actually
intellectual vigour
undertaken. It
prescribing the
criteria. Laying
other academic
publication, teaching
the field and notified
direction. Qualifi
committee and
complementary
Prescribing selection
qualifications are
2018 Regulatio
the selection
selection committees
2026 with
matters
-25-
Constitution that pertains to, ‘[c]o-ordination
institutions for higher education
institutions.’ The 2018 Regulations which
under the UGC Act, enacted by the
legislative power, and a part of the enactment
rescribing qualifications as well as
to the posts of teachers and other
of standards for higher education.
in an institution depend to a large
other academic staff engaged for
actually undertake the exercise. The
vigour to imparting the instruction,
It underscores the need to regulate
the requisite qualifications, selection
Laying down minimum benchmarks
academic staff, measured in terms of
teaching experience, awards, etc.
notified by the UGC in the 2018
ualifications are as important as
and the selection procedure to make
complementary to each other in deciding the
selection norms is to ensure that
are selected. That is the reason apart
Regulations lay down the constitution of
procedure. Resultantly, the qualifications,
committees and guidelines of selection
rdination and determination of
education or research and scientific and
which have been notified for this
Parliament, are an extension of
enactment itself; hence binding on the
as the selection procedure for
other academic staff is integral to
education. The standards for education
large extent upon the quality of
for the purpose, because it is they
The better qualified would bring
instruction, as also to the research
regulate their recruitment by
selection procedure as well as the
for appointment of faculty and
of their qualifications, research
etc. as prescribed by the experts in
2018 Regulations, is a step in that
as constitution of the selection
make the appointment; these are
standards for higher education.
that persons with the requisite
apart from the qualifications, the
of selection committees as also
qualifications, constitution of the
selection procedure incorporated in
of
and
this
of
the
for
to
education
of
they
ing
research
by
the
and
research
in
that
selection
are
education.
requisite
the
also
the
in
CWP-661-2026
connected matters
Regulation 4,
scheme framed
segregated or removed
and amounts to
minimum standard
binding on the
norms for determination
are thus not permitted
Universities in
by the respondents
and carrying out
shortlisting criteria
procedure laid
their own modified/altered
advertisement.
9.4. To
statedly adopted
down under modified
in Government
Colleges, as per
based on UGC
Government Colleges,
selection according
the rules/instructions
and under modified
colleges, the existing
2026 with
matters
-26-
5 and 6 constitute one composite
framed by the UGC for recruitmen
removed from the rest, as doing
to its dismemberment. It would be
standards. This entire scheme is a part
the States as well as its Universities
determination of standards in institutions
permitted to make any selection
in violation thereof. However, this
respondents in issuing the impugned memorandum
out the selection process in question
criteria laid down under Regulation
laid down in Regulation 6.0, the respondents
modified/altered criteria and procedure
.
To explain further, the memorandum
adopted the 2018 Regulations with
modified Regulation 4.1 that ‘[s]
Government Colleges shall be made by HPSC
per criteria determined by the
UGC regulations.’; under modified Regulation
Colleges, the Haryana Public Service
according the existing system of direct
rules/instructions of the Haryana Government
modified Regulation 6.0 that ‘[h]
existing criteria for selection shall
composite whole being part of the
recruitment. Any part of it cannot be
doing so violates the scheme as such
be detrimental to the prescribed
part of the Central enactment and
niversities being the minimum required
institutions for higher education, both
of teachers in the Colleges and
his is exactly what has been done
memorandum dated 11.11.2022,
question on that basis. Ignoring the
Regulation 4.1, as also the selection
respondents have come up with
procedure stipulated in the impugned
memorandum, dated 11.11.2022, has
modification/alterations laying
‘[s]election of Assistant Professors
HPSC and in Govt. Aided Private
State Govt. from time to time
Regulation 5.0 that ‘[i]n case of
Service Commission shall make
direct recruitment or according to
Government issued from time to time’;
[h]owever, in case of Govt-Aided
shall continue or as framed by the
the
be
such
d
and
required
both
and
done
,
the
selection
with
impugned
has
laying
Professors
Private
time
of
make
to
time’;
ided
the
CWP-661-2026
connected matters
Haryana Government
selection criteria
prescribed its
reproduced in
upon a screening
subject knowledge
has been put
memorandum
2018 Regulations
procedure prescribed
out the selection
standards laid
memorandum
higher norms and
Since the entire
the Regulations
selection committee
Government, being
of the Seventh
memorandum
violation thereof,
respondents in
option to adopt
untenable being
foundation, and
2026 with
matters
-27-
Government from time to time and
criteria shall be determined by HPSC
its own scheme of examination
paragraph 3 hereinbefore. The shortlisting
screening test, and the selection is to
knowledge test and interview; evidently,
put in place by the Commission
giving a go by to the norms and
Regulations. Concededly, the shortlisting
prescribed under the scheme notified
selection process are not in accord
down under the Regulations.
or the scheme of examination
and standards as against the ones
entire scheme for appointment of Assistant
Regulations, which include the shortlisting
committee and the selection procedure,
being in the nature of Central enactment
Seventh Schedule as discussed
and the consequent selection procedure
thereof, cannot be considered lawful.
in not following the Regulations
adopt the same with modification
being against the law. This perceived
and appears to be the outcome
and in case of Govt Colleges, the
HPSC’. The Commission has in turn
examination for making selections, as
shortlisting has been done based
to be based upon the marks of
evidently, an altogether new scheme
Commission based upon the impugned
and standards laid down in the
shortlisting criteria and selection
notified in the advertisement to carry
with the minimum norms and
It is also not the case that the
in the advertisement lay down
ones stipulated in the Regulations.
Assistant Professors prescribed in
shortlisting criteria, constitution of
procedure, is binding upon the State
enactment under Entry 66 of List I
hereinbefore, the impugned
procedure in question being in
lawful. The reason put forth by the
Regulations - that the Government has the
modifications as deemed appropriate - is
perceived option has no legal
outcome of a misconceived notion of
the
turn
as
based
of
scheme
impugned
the
selection
carry
and
the
down
ns.
in
of
State
I
impugned
in
the
the
is
legal
of
CWP-661-2026
connected matters
absolute Government
the face of Constitutional
9.5. Pertinently,
and others v.
wherein the Supreme
candidates incorporated
the 2018 Regulations
Allahabad University
Professor based
procedure for shortlisting
Regulation 4.1,
academic score
for Colleges,
experience as
towards the requisite
not be shortlisted
petitioner’s teaching
Regulation 10(e)
equal to monthly
during that period
criteria adopted
regarding shortlisting
framed by the
Universities as
University had
exception to. The
2026 with
matters
-28-
Government authority entertained by
Constitutional provisions as already
Pertinently, a reference needs to be
Geetanjali Tiwari (Pandey) and
Supreme Court examined the validity
incorporated in Tables 3A and 3B under
Regulations, and upheld the same.
University had invited applications
based on the qualifications prescribed
shortlisting the candidates for interview
4.1, which required candidates to
score prepared in accordance with Table
was used for the purpose. O
Guest Faculty of the petitioner
requisite experience under clause
shortlisted for interview. The University
teaching experience did not fulfil
10(e) and (f)(iii) as she had not been
monthly gross salary of a regularly
period. By examining the issue,
adopted by the University on the ground
shortlisting of candidates was in furtherance
the UGC for appointment to the post
as well as Colleges under the 2018
d to shortlist the candidates on that
The observations to that effect are
by the respondents, which flies in
already discussed.
be made to Allahabad University
and others, (2024) 20 SCC 23,
validity of criteria for shortlisting of
under Note 2 to Regulation 4 of
The facts of the case were, the
applications for the posts of Assistant
prescribed in the 2018 Regulations. The
interview as provided in Note 2 to
to be shortlisted on the basis of
Table 3A for Universities and 3B
On that ground, past teaching
petitioner therein could not be counted
clause 7 in Table 3A, and she could
University was of the view that the
the conditions laid down under
been drawing gross emoluments
regularly appointed Assistant Professor
the Supreme Court upheld the
ground that Note 2 to Regulation 4.1
furtherance to the entire scheme
posts of Assistant Professors in
2018 Regulations. And in case the
that basis, it could not be taken
are as under:
in
University
,
of
of
the
Assistant
The
to
of
3B
teaching
counted
could
the
under
emoluments
Professor
the
4.1
scheme
in
the
taken
CWP-661-2026
connected matters
71
applications
available
of
with
higher
This
10
to
teaching
72.
candidates
furtherance
appointment
well
relation
the
above.
9.5.1. The
criteria for shortlisting
UGC. For instance,
minimum prescribed
interview; the
45.
those
is
interview,
any
provisions
screening
always
zone
satisfying
2026 with
matters
-29-
71. However, considering the
applications received in comparison
available to be filled up. Allahabad
of consideration by adopting a marking
with the obvious ultimate objective
higher teaching experience to enter
This methodology was perfectly
10 read with Table 3-A. The Division
to have been swayed in its decision
teaching experience not being a mandatory
72. We are also of the view that
candidates as engrafted in Tables
furtherance of the entire scheme
appointment on the post of Assistant
well as in colleges. Clause 7 of Tables
relation with Regulation 10, did not
the Division Bench of the High
above. …
The Court further held that the selection
shortlisting the candidates, but not
instance, prescribing a longer period
prescribed for awarding marks to the
observations to that effect are as
45. The principle discernible from
those cited on behalf of the appellants
is based solely on the performance
interview, it is not open to the recruiting
any manner the norms and standards
provisions or executive orders
screening aspirants to be called
always open to them to prescribe
zone of consideration for interview
satisfying the enhanced norms or
the disproportionate number of
comparison to the number of vacancies
Allahabad University narrowed the zone
marking scheme in the way it did
objective of permitting candidates with
enter the zone of consideration.
in sync with Regulations 4 and
Division Bench, therefore, ought not
decision-making process by reason of
mandatory eligibility criterion.
that the criteria for shortlisting of
Tables 3-A and 3-B were in
scheme framed by the UGC for
Assistant Professors in universities as
Tables 3-A and 3-B, having direct
not call for any observation from
High Court of the nature noticed
selection committee can fix higher
lower than the one fixed by the
period of experience than the
the candidates for shortlisting for
as under:
from the above decision as well as
appellants is that whenever selection
performance of the aspirants in the
recruiting authorities to dilute in
standards prescribed by the statutory
orders governing recruitment for
called for interview; however, it is
prescribe enhanced norms to have the
interview restricted to those aspirants
or higher criteria. In such cases,
of
vacancies
zone
did
with
consideration.
and
not
of
of
in
for
as
direct
from
noticed
higher
the
the
for
as
selection
the
in
statutory
for
is
the
aspirants
cases,
CWP-661-2026
connected matters
however,
higher
arbitrariness
executive
As already observed,
carried out by
prescribe higher
the ones fixed
the consequent
9.6. In
nature of the 2018
Maintainability
10. The
petitions are maintainable
ground of having
the light of law
held thereunder
candidate only
contained therein.
17.
as
process
illegality
misconstr
consequences
merely
scheme
impermissible.
2026 with
matters
-30-
however, care has to be taken such
higher criteria are not susceptible
arbitrariness or being contrary
executive orders governing recruitment.
observed, it is not the respondents’
by them in the Regulations vide
higher norms for maintenance of standards
fixed by the 2018 Regulations. Accordingly,
consequent selection process are not in consonance
n the light of this discussion, the
2018 Regulations is answered in the
Maintainability
The contention by learned counsel
maintainable and the petitioners cannot
having participated in the selection
law laid down in Dr. (Major) Meeta
thereunder that by agreeing to participate
only accepts the prescribed procedure
therein. The observations in the judgment
17. However, we must differentiate
as the candidate by agreeing to
process only accepts the prescribed
illegality in it. In a situation
misconstruction of statutory
consequences arising therefrom,
merely because a candidate has partaken
scheme is sacrosanct and its
impermissible. In fact, a candidate
such that the enhanced norms or
susceptible to a challenge on the ground of
to the statutory provisions or
recruitment.
respondents’ case that the modifications
vide the impugned memorandum
standards of higher education than
Accordingly, the memorandum and
consonance with law.
the issue framed regarding binding
the affirmative.
counsel for the petitioners that these
cannot be non-suited only on the
process, deserves acceptance in
Meeta Sahai case (supra). The Court
participate in the selection process a
procedure and not the illegality
judgment are as under:
differentiate from this principle insofar
to participate in the selection
prescribed procedure and not the
situation where a candidate alleges
rules and discriminating
the same cannot be condoned
partaken in it. The constitutional
violation in any manner is
didate may not have locus to assail
or
of
or
modifications
memorandum
than
and
binding
these
the
in
Court
a
illegality
insofar
selection
the
alleges
discriminating
condoned
constitutional
is
assail
CWP-661-2026
connected matters
the
Constitution,
Therefore, the
illegality in the
Order
11. In
11.11.2022, to
Regulations notified
Consequently,
scheme/pattern
also stands vitiated
respondents are
the 2018 Regulations
allowed in these
12. Pending
disposed of.
13. A
12.05.2026
Ad
2026 with
matters
-31-
the incurable illegality or derogation
Constitution, unless he/she participates
the petitioners cannot be precluded
the selection process.
In view of the above analysis, the
to the extent it violates Regulation
notified by the UGC, is hereby declared
the selection process being carried
scheme/pattern of examination under the advertisement
vitiated and is hereby set aside along
are directed to carry out the selection
Regulations and complete it expeditiously.
these terms.
Pending miscellaneous application(s),
A photocopy of this order be placed
Whether speaking/reasoned
Whether reportable
derogation of the provisions of the
participates in the selection process.
precluded from challenging the stated
the impugned memorandum, dated
Regulation 4, 5 and 6 of the 2018
declared unlawful and set aside.
carried out on that basis as per the
advertisement in question, 48/2024,
along with the advertisement. The
selection process afresh strictly as per
expeditiously. The petitions stand
application(s), if any, also stand(s)
placed on the connected files.
(TRIBHUVAN DAHIYA)
JUDGE
Yes/No
Yes/No
the
stated
dated
2018
aside.
the
48/2024,
The
per
stand
stand(s)
DAHIYA)
Legal Notes
Add a Note....