Varsities, institutions can prescribe higher qualifications than UGC regulations : HC

Excelsior Correspondent
Srinagar, Aug 9: The High Court today held that a University or an Institution can prescribe higher and not lower qualifications than University Grants Commission (UGC) regulations in the appointments for maintaining the excellence in standard of education.
Hearing a petition seeking quashing of condition of possessing PhD degree in Forestry as mentioned  in the advertisement notice for the post of Assistant Professor prescribed by the SKUAST, Justice Ali Mohammad Magrey dismissed the plea of petitioner with a view that no University or Institutions can go below such qualification as prescribed by the UGC.
Court held that a University or an Institution can prescribe higher qualification than qualification mentioned in the UGC Regulation for maintaining the excellence in the standard of education but cannot go below the minimum qualification as prescribed by the UGC.
“…a University or an institution can prescribe higher qualifications than such minimum qualifications mentioned in the UGC Regulations, 2010; provided that the law, Rules, Statutes or the Regulations framed by the State and/or the University/Institution provide for, or prescribe such higher qualifications”, it said.
Sher-e-Kashmir University of Agricultural Sciences and Technology of Kashmir had  issued an advertisement (notice no.01 of 2017 dated 13.03.2017) notifying certain posts of Assistant Professors, including the post of Assistant Professor-cum-Junior Scientist (Forestry) with a criteria that the aspirant must be PhD in Forestry along with other qualifications.
Petitioner has also responded to the said advertisement but the University stated that the petitioner having Ph. D degree in Chemical Engineering as such does not meet the statutory requirement of Ph. D (Forestry) for the post in question.
Petitioner was seeking direction from the court that the University (SKUAST) be directed to re-advertise the post of Assistant Professor (Forestry) by incorporating the qualification as prescribed by UGC and allow the petitioner to participate in such selection process and accord consideration for his appointment to the post of Assistant Professor (Forestry).
Underscoring the ruling of Supreme Court, Justice Magrey said,  the higher standards of qualifications than the minimum qualifications defined by the UGC, by a State or a University would be consistent with the object of the Regulations in question of maintenance of standards in higher education.
“On the same analogy, therefore, even if it be assumed, for a moment, that the UGC Regulations have an overriding effect on the law, rules, regulations framed by the State or a university concerning the subject, yet, if such law, rules or regulations of the State or a university provide a higher standard of qualifications than the one prescribed by the UGC, the same cannot be said to be in conflict with the UGC Regulations”, court recorded.
Such rules or regulations, Court added, would maintain the object of the UGC Regulations of maintaining standard in education and would, therefore, be permissible.

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