IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 06 ..12..2010 Coram: THE HONOURABLE MR.M.Y.EQBAL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Writ Appeal Nos. 893, 894, 900 to 902, 922, 928, 929, 930 to 933, 942 to 944, 945 & 1032/2010 & Writ Petition Nos. 12171, 12172, 12174 to 12176, 11202 to 11204, 12037 to 12044, 12104, 12105, 11789, 11796, 12334 to 12336, 12338, 12339/2010 and 27083/06, 13815, 13816, 13663 to 13665, 9483, 25891, 25892 of 2010 & connected miscellaneous petitions W.A.No. 893 & 894 of 2010 1. P.Suseela 2. A. Baskaran 3. S.Saravanan 4. M.Rajendran 5. P.Louis Alphonse 6. D. Anbalagan 7. D.Jayamani 8. R.Subramani 9. R.Thirupuathi 10.T.Rajendran 11.L.Gunasekaran …. Appellants in W.A.Nos.893&894/2010 vs. 1. University Grants Commission, Rep. by its Chairman, Bahadurshah Zafar Marg, New Delhi – 110 022. 2. The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 600 006 … Respondents in both the appeals https://hcservices.ecourts.gov.in/hcservices/ Appeals filed under Clause 15 of the Letters Patent against the order passed in W.P.No.7580 & 7581 of 2010 dated 22.4.2010 on the file of this Court. W.A.No. 922 of 2010 1. K.L. Sivaji 2. J.Sekhar 3. N.Ramesh … Appellants vs. 1. The Chairman, Teachers Recruitment Board, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 6. 2. The Secretary, University Grants Commission, New Delhi. … Respondents. Appeal filed under Clause 15 of the Letters Patent against the order passed in W.P.No. 8374 of 2010 dated 23.4.2010 on the file of this Court. W.P.No. 8374 of 2010: Petition presented to issue a writ of Certiorarified Mandamus calling for the Notification No.4/10 issued by the 1st respondent dt.29.3.2010 and consequently direct the 1st respondent to accept the petitioner qualification of M.Phil for the appointment to the post of Assistant Professor for under Graduate Students without insisting NET/SLET pass in so far as petitioners who are working as Guest Lecturers with M.Phil qualification for the past 10-13 years. W.A.Nos.900 to 902 of 2010, 928 to 933 of 2010 P.Selvam ...Appellant in W.A.No.900/2010, 901, 902/2010 S.Easwaran … Appellant in W.A.Nos.928,930, 931/2010 A.Ali Fatima …. Appellant in W.A.Nos.929, 932 & 933/2010 vs. University Grants Commission Rep. by its Secretary, Bahadurshah Zafar Marg, New Delhi – 110 022. https://hcservices.ecourts.gov.in/hcservices/ The Teachers Recruitment Board, Rep. by its Chairman, Government of Tamil Nadu, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 6. The Bharathiyar University, Rep. by its Registrar, Coimbatore – 641 046 …. Respondents 1 to 3 in all the appeals The State of Tamil Nadu, Rep. by its Secretary to Government, Higher Education (F2) Department, Fort.St.George, Chennai – 9. … 4th Respondent in 900 to 902/2010 W.A.Nos.932 & 933/2010 Appeals filed under Clause 15 of the Letters Patent against the order passed in W.P.Nos.8076, 8077, 8078 8033, 8036, 8034, 8035, 8037 and 8038 of 2010 dated 22.04.2010 on the file of this Court. W.A.Nos. 942 to 945 of 2010 G.Sinthiah … Appellant in W.A.Nos. 942 & 945/2010 V.Santhi … Appellant in W.A.Nos. 943 & 944/2010 vs University Grants Commission, Rep. by its Secretary, 9, Bahadurshah Zafar Marg, New Delhi – 110 022. ...1st Respondent in W.A.942 to 944 of 2010 The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 600 006. … 2nd Respondents in W.A.No.942 to 944/2010, & 1st Respondent in W.A.No.945/2010 https://hcservices.ecourts.gov.in/hcservices/ Appeals filed under Clause 15 of the Letters Patent against the order passed in W.P.Nos. 7465, 7759, 7760 & 7116 of 2010 dated 22.04.2010 on the file of this Court. W.A.No. 1032 of 2010 K.Mangaiyarkarasi … Appellant vs. The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 600 006. … Respondent Appeal filed under Clause 15 of the Letters Patent against the order passed in W.P.No.8577 of 2010 dated 26.04.2010 on the file of this Court. W.P.Nos. 12171 & 12172 of 2010 H.S.Rajmala Alfred … Petitioner in both Petition vs. 1. University Grants Commission Rep. by its Secretary, 9, Bahadurshah Zafar Marg, New Delhi – 110 022. 2. The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 6. 3. The Bharathiyar University, Rep. by its Registrar, Coimbatore – 641 046. .. Respondents in both petitions W.P.Nos.12174 to 12176 of 2010 P.Inbasekar .. Petitioners in W.P.No.12174 to 12176/2010 Vs. https://hcservices.ecourts.gov.in/hcservices/ 1. University Grants Commission Rep. by its Secretary, 9, Bahadurshah Zafar Marg, New Delhi – 110 022. 2. The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 6. 3. The Bharathiyar University, Rep. by its Registrar, Coimbatore – 641 046. ...Respondents in all WPs W.P.Nos. 11202 to 11204 of 2010 R.Punitha … Petitioner in all the writ petitions vs. 1. University Grants Commission Rep. by its Secretary, 9, Bahadurshah Zafar Marg, New Delhi – 110 022. 2. The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 6. 3. The Bharathiyar University, Rep. by its Registrar, Coimbatore – 641 046. 4. The State of Tamil Nadu, Rep. by its Secretary to Government, Higher Education (F2) Department, Fort.St.George, Chennai – 9. .. Respondents in all the writ petitions. W.P.Nos. 12037 to 12044 of 2010 B. Vijaya … Petitioner in W.P.No.12037/2010 S.Subeena Begum … Petitioner in W.P.No.12038/2010 R.Vivekanandan .. Petitioner in W.P.No.12039/2010 S.Nanammal/Jeyanthi .. Petitioner in W.P.No.12040/2010 K.Murugan .. Petitioner in W.P.No.12041/2010 https://hcservices.ecourts.gov.in/hcservices/ M.Subash Chandra Bose .. Petitioner in W.P.No.12042/2010 S.Karthikeyan .. Petitioner in W.P.No.12043/2010 C.Shanmugaraj .. Petitioner in W.P.No.12044/2010 vs. 1. Union of India, Rep. by its Secretary, Ministry of Human Resources Development, Shastri Bhavan, New Delhi – 110 001. 2. University Grants Commission Rep. by its Secretary, 9, Bahadurshah Zafar Marg, New Delhi – 110 022. 3. Government of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort.St.George, Chennai – 600 009. 4. The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 6. … Respondents in all the petitions. W.P.No. 12104 & 12105 of 2010 1. V.Maragathavalli 2. P.S.Buvaneswari 3. G.Gandhi Mathy 4. Ezhilarasi Hilda .. Petitioners in both the petitions. vs. 1. University Grants Commission Rep. by its Secretary, 9, Bahadurshah Zafar Marg, New Delhi – 110 022. 2. The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 6. .. Respondents in both the petitions https://hcservices.ecourts.gov.in/hcservices/ W.P.No.11789 of 2010 & WP 11796/2010 M.Anbazhagan .. Petitioner in WP No.11789/2010 M.Mumtaz .. Petitioner in WP No.11796/2010 vs. 1. Union of India, Rep. by its Secretary, Ministry of Human Resources Development, Shastri Bhavan, New Delhi – 110 001. 2. University Grants Commission Rep. by its Secretary, 9, Bahadurshah Zafar Marg, New Delhi – 110 022. 3. Government of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort.St.George, Chennai – 600 009. 4. The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 6. … Respondents in both WPs W.P.Nos.12334 to 12336 & 12338, 12339 of 2010 P.Vidya … Petitioners in W.P.Nos.12334/2010 T.Kodeeswaran ..Petitioner in W.P.No.12335/2010 K.Girija ..Petitioner in W.P.No.12336/2010 K.Rajendran .. Petitioner in W.P.No.12338/2010 J.Dharmalingam … Petitioner in W.P.No.12339/2010 Vs. 1. Union of India, Rep. by its Secretary, Ministry of Human Resources Development, Shastri Bhavan, New Delhi – 110 001. 2. University Grants Commission Rep. by its Secretary, 9, Bahadurshah Zafar Marg, New Delhi – 110 022. https://hcservices.ecourts.gov.in/hcservices/ 3. Government of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort.St.George, Chennai – 600 009. 4. The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 6. … Respondents in all the petitions. W.P.No.27083 of 2006 N.Sailapathi .. Petitioner vs. 1. Chairman, University Grants Commission, Bahadurshah Zafar Marg, New Delhi – 110 002. 2. The Secretary to Government, Education Department, Fort.St.George, Chennai – 600 009. 3. The Director of Collegiate Education, EVK Sampath Maligai, College Road, Chennai – 600 006. 4. Secretary, State Level Eligibility Test (SLET), For Lectureship, Bharathiyar University, Coimbatore. 5. Registrar, Anna University, University Buildings, Chennai – 600 025. .. Respondents W.P.Nos. 13815 & 13816 of 2010 N.Vanaja .. Petitioner in W.P.No.13815/2010 T.Aryamala .. Petitioner in W.P.No.13816/2010 vs. https://hcservices.ecourts.gov.in/hcservices/ 1. Union of India, Rep. by its Secretary, Ministry of Human Resources Development, Shastri Bhavan, New Delhi – 110 001. 2. University Grants Commission Rep. by its Secretary, 9, Bahadurshah Zafar Marg, New Delhi – 110 022. 3. Government of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort.St.George, Chennai – 600 009. 4. The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 6. … Respondents in all the petitions. W.P.Nos. 13663 to 13665 of 2010 C.Nagarajan .. Petitioner in W.P.No. 13663 of 2010 T.S.Santhi .. Petitioner in W.P.No.13664 of 2010 M.Selvamani .. Petitioner in W.P.No.13665 of 2010 Vs. 1. Union of India, Rep. by its Secretary, Ministry of Human Resources Development, Shastri Bhavan, New Delhi – 110 001. 2. University Grants Commission Rep. by its Secretary, 9, Bahadurshah Zafar Marg, New Delhi – 110 022. 3. Government of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort.St.George, Chennai – 600 009. https://hcservices.ecourts.gov.in/hcservices/ 4. The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 6. … Respondents in all the petitions W.P.No. 9483 of 2010 1. V.Manjula 2. S.Chandra 3. R.Ravichandran 4. A.Radha 5. A. Anitha Ponmudi .. Petitioners vs. 1. State of Tamil Nadu, Rep. by Secretary to Government, Higher Education Department, Fort.St.George, Chennai – 600 009. 2. Directorate of College Education, Chennai – 600 060. 3. Teachers Recruitment Board, Represented by its Chairman, E.V.K.Sampath Maaligai, D.P.I.Compound, College Road, Chennai – 6. 4. University Grants Commission Rep by its Secretary, No.9, Bahadursha Zafar Marg New Delhi-110 022. (R-4 impleaded as per order in 7.6.2010) .. Respondents W.P.Nos. 25891 & 25892 of 2010 M.Anbazhagan .. Petitioner in W.P.No.25891 of 2010 M.Prabhakar .. Petitioner in W.P.No.25892 of 2010 Vs. 1. Union of India, Rep. by its Secretary, Ministry of Human Resources Development, Shastri Bhavan, New Delhi – 110 001. https://hcservices.ecourts.gov.in/hcservices/ 2. University Grants Commission Rep. by its Secretary, 9, Bahadurshah Zafar Marg, New Delhi – 110 022. ... Respondent 1 & 2 in WP.25891/10 & 25892/2010 3. Government of Tamil Nadu, Represented by its Secretary, Department of Higher Education, Fort.St.George, Chennai – 600 009. 4. The Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 6. ... Respondents 3 to 4 in WP 25891/2010. WP No.12175/2010 : Petition Presented to issue a writ of Mandamus, forbearing the 2nd respondent from rejecting the application of the petitioner having Serial No.027057 dated 12.4.2010 for having mistakenly mentioned his qualification as Phd Degree and consequently direct the 2nd respondent to consider his M.Phil degree (prior 1993) for his selection in the post of Assistant Professors in Tamilnadu Collegiate Educational Service. WP.No.12037 to 12044/2010, 11789, 11796, 12334 to 12336/2010, 12338 & 12339/2010: Petition presented to issue writ of Certiorarified mandamus, Calling for the records pertaining UGC (Minimum Qualification required for the appointment and career Advancement of teachers in Universities and Institutions affiliated to it) (3rd Amendment) Regulations 2009 dated 11.7.2009 framed by the 2nd Respondent and quash the same and direct the respondents to continue to follow the pre-amended regulations pertaining to the M.Phil holders. WP NO.27083 of 2006: Petition to issue a writ of Mandamus,directing the 1st respondent (UGC) and the Government of Tamilnadu through the 2nd and 3rd respondents to formulate the correct scheme for the recruitment of lecturers in Universities and Colleges in Tamilnadu through legally constituted selection bodies. WP No.12171, 12172, 12174, 12176, 11202 & 11203/2010, 12104 & 12105/2010, 13815/10 & 13816 OF 2010, 13663 TO 13665/2010: Petitions presented to issue writs of Declaration,declaring the order of the 1st respondent in F.No.5-4/2005 U.I(A) dated 12.11.2008 and the consequential University Grants Commission (Minimum Qualifications required for the appointment and career Advancement of Teachers in Universities and Institutions affiliated to it ) (3rd Amendment)Regulations 2009 notified in the Gazettee on 11.7.2009 and https://hcservices.ecourts.gov.in/hcservices/ the Notification issued by the 4th Respondent in Advt.No.4/2010 dated 29.3.2010 for the post of Asst. Professors in the Tamil Nadu Collegiate Educational Service as illegal, arbitrary and unconstitutional in so far as the NET/SLET is made minimum qualification for the post of lecturer even for those who obtained M.Phil degree prior to 31.12.93 and direct the 4th respondent to consider the application of the Petitioner for the Selection for the Post of Asst.Professor. WP No.9483 of 2010: Petition presented to issue a writ of Certiorarified Mandamus, calling for the records in the proceedings of the 3rd respondent Board in Advertisement No.4 of 2010 dt 29.3.2010 and quash para 3 of the said Notification dealing with educational qualification in so far as it denies the candidates possessing M.Phil degree from being eligible to participate in the recruitment and consequently direct the respondents to entertain and consider applications of the petitioners herein who are M.Phil degree holders for recruitment to the post of Asst. Professors in the relevant subject. WP No.25891/2010 and 25892/2010: Petition presented to issue a writ of Certiorari Calling for the records pertaining to the order in D.O.No.8-7/2010 U.I.(A) dated 03.11.2010 issued by the 1st Respondent and quash the same. For Appellants in W.A.Nos.893, 894,900 to 902, 928, 929, 930 to 933/2010 942 to 945/2010 & :: Mrs.Nalini Chidambaram, 922/2010 Senior Counsel for M/s.C.Uma For Appellants in W.A.Nos.922/2010 :: Mrs.Nalini Chidambaram, Senior Counsel for Mr.M.Suresh Viswanath For Appellant in W.A.No.1032/2010 :: Mrs.Nalini Chidambaram, Senior Counsel for M/s.S.Jothirani For Petitioners in W.P.Nos.12171,12172, 12174 to 12176 11202 to 11204/2010 :: Mrs.Nalini Chidambaram Senior Counsel for Mrs. C.Uma For Petitioners in W.P.Nos.12037 to 12044, 11789, 11796, 12334 to 12336, 12338, 12339, 25891 & 25892/2010 ::: Mr.R.Subramanian Mr.B.Ravi https://hcservices.ecourts.gov.in/hcservices/ For Petitioners in W.P.No.12104 & 12105/2010:::: Mr.B.S.Sundaramoorthi For Petitioner in W.P.No.27083/2010 :::: Mr.M.V.Krishnan For Petitioner in W.P.Nos.13815, 13816, 13663 to 13665 of 2010 :::: Mr.V.Sanjeevi For Petitioner in W.P.No.9483 of 2010 :::: Mr.Muthukumarasamy, SC for Mr.A.Jenasenan For Respondents in W.P.Nos.12037 to 12044, 12104 12105, 11796, 12334 to 12336, 12338, 12339, 13815, 13816, 13663 to 13665 of 2010 :::: Mr.M.Ravindran, Addl.Solicitor General Assisted by Mr.P.Chandrasekaran, SCGSC and Mr.A.S.Vijayaraghavan,SCGSC For Respondent 1 in W.A.893, 894, 900 to 902/2010 928, 929, 930 to 933/2010 942 to 944/2010 WP 12171, 12172, 12174 to 12176 For Respondent 2 in W.A.No.922/2010 For Respondent 2 in :::: Mr.R.Krishnamoorthy, W.P.No12037 to 12044/2010 Senior Counsel 11789, 11796, 12334 to 12336, for Mr.P.R.Gopinathan 12338, 12339, 13815, 13816, Standing Counsel for UGC 13663 to 13665/2010 For Respondent 1 in W.P.No.11202 to 11204 & 27083 of 2006 For Respondent R4, For Respondent 2 in WP 25891 & 25892/2010 For Respondent 1 in W.P.No.11789,929/2010 :::: Mr.K.Balachandran, SCGSC https://hcservices.ecourts.gov.in/hcservices/ For Respondent 4 in W.P.No.25891 & 25892 of 2010 ::: Mr.K.Ravindranath, SCGSC For Respondent 1 in W.A.No.922, 1032 & 945/2010 For Respondent 2 in W.A.No.893, 894, 900 to 902 For Respondent 4 in W.A.900 to 902 & 932 & 933/2010 928,929, 930, 931 to 933, 942 to 944 of 2010 & For Respondents 3 & 4 in W.P.No.25891, 25892/2010 For Respondents 1 to 3 In W.P.No.9483 of 2010 For Respondents 2 & 4 In W.P.No.11202 to 11204/2010 For Respondents 3 & 4 :::: Mr.P.Wilson, In W.P.Nos.11789 & 11796/2010 Additional Advocate General For Respondents 3 & 4 Assisted by In W.P.Nos.12037 to 12044/2010 Mr.G.Sankaran, WP Nos.12334 to 12338 & 12339/10 Spl.Govt.Pleader 1336/2010 (Education) For Respondent 2 in W.P.Nos.12104, 12105, 12171, For Respondents 2 & 3 in WP No.27083/2006 12172, 12174 to 12176/2010 For Respondents 3 & 4 In W.P.Nos.13815, 13816, 13663 to 13665/2010. 25891 & 25892/2010. COMMON JUDGMENT The Hon’ble Chief Justice & T.S.Sivagnanam, J These appeals have been filed against the common judgment and order dated 22.04.2010 passed in a batch of writ petitions, whereby the learned single Judge dismissed all the writ petitions holding that the petitioners/appellants are not entitled to the relief sought for by them. 2. Since, common questions of law and facts are involved in these appeals they had been heard together and are disposed of by this common order. 3. In W.P.No.7116 of 2010, and W.P.Nos.7580, 7759, 8034, 8037, 8077/2010 the petitioners/appellants prayed for a writ of mandamus to https://hcservices.ecourts.gov.in/hcservices/ forbear the respondents from insisting on National Entrance Test/State Level Entrance Test (in short NET/SLET) qualification for candidates who have passed M.Phil prior to 1993 for being eligible to apply for the post of Assistant Professors in Tamil Nadu Collegiate Educational Service, and consequently, direct the respondents to entertain the application of the petitioners for the post of Assistant Professor pursuant to the notice dated 29.03.2010 without imposing the condition of requirement of NET/SLET qualification. 4. In some writ petitions prayer was made for declaration declaring the University Grants Commission (Minimum Qualifications Required for Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) Regulations, 2009 as notified on 11.07.2009 is arbitrary and violative of Articles 14 and 16 of the Constitution of India in so far as NET/SLET made minimum qualification for Lecturer Post without giving special exemption for the candidates who got their M.Phil degrees prior to 31.12.1993. 5. In some of the writ petitions prayer was made for the issuance of a writ of mandamus to call for the records relating to the Governmental Orders in G.O.Ms.No.412, Higher Education (F2) Department dated 07.12.2009 and quash the same in so far as the said Governmental Order does not award 9 marks to the candidates who have completed only M.Phil degree and consequently direct the respondents to award 9 marks to the petitioners therein who have completed their M.Phil Degrees in the concerned subject prior to 1993 while processing their applications for the post of Assistant Professor. 6. The appellants/writ petitioners’ case in brief is that in the UGC (Qualification Required of a Person to be appointed to the Teaching Staff of a University and Institutions Affiliated to it) Regulations, 1982 (in short “1982 Regulations”), which came into force on 01.07.1983, the qualification of NET/SLET was not introduced as a necessary qualification for the appointment to the post of lecturer. For the first time in the year 1989 the University Grants Commission on the basis of the recommendations made by R.C.Mehrotra Committee and the Vice Chancellors’ Conference held in 1989 decided to hold comprehensive National Test to decide the eligibility for the post of lecturer. However in the year 1990, it is stated that by proceedings dated 01.08.1990 the University of Madras took a decision that the candidates who have completed M.Phil Degree up to the year 1992 are exempted from SLET. In 1991 the University Grants Commission (Minimum Qualifications Required for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to it) Regulations,1991 (hereinafter referred to as “1991 Regulations”) was framed. On the basis of the 1991 Regulations the UGC decided that the candidates must clear the eligibility test for appointment to the post of Lecturer. The said Regulations viz., 1991 Regulations were also upheld by the Supreme Court. https://hcservices.ecourts.gov.in/hcservices/ 7. On 10.02.1993 the UGC granted exemption to those candidates, who have already awarded M.Phil degree upto 31st March, 1991 and those candidates, who will submit their Ph.D. thesis before 31st December, 1993, from appearing NET. The UGC by its circular dated 15.06.1993 further extended the date from 31.03.1991 to 31.12.1992 in respect of M.Phil candidates. On 04.04.2000 amendment to “1991 Regulations” was issued, which stated that “NET shall remain the compulsory requirement for appointment as lecturer even for candidates having Ph.D. degree. However, the candidates who have completed M.Phil degree or have submitted Ph.D. thesis in the concerned subject upto 31st December, 1993 are exempted from appearing in the NET examination”. Later the exemption was further modified to the effect that Ph.D. candidates upto the year 2002 were also granted exemption from NET/SLET. The appellants completed their M.Phil Degrees before 31.12.1993. 8. On 11.06.2006 the University Grants Commission in its 428th meeting resolved that “NET shall remain compulsory requirement for appointment as Lecturer even for those with post graduate degree. However, the candidates having Ph.D. Degree in the concerned subject are exempted from NET for P.G. Level and U.G. Level teaching. The candidates having M.Phil Degree in the concerned subject are exempted from NET for UG Level teaching only”. 9. On 14.06.2006 UGC (Minimum Qualifications Required for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to it) (2nd Amendment), Regulations 2006 was issued amending the provision with regard to NET qualification in the Regulations, 2002 wherein it is stated as follows:- “NET shall remain compulsory requirement for appointment as Lecturer for those with post graduate degree. However, the candidates having Ph.D. Degree in the concerned subject are exempted from NET for P.G. Level and U.G. Level teaching. The candidates having M.Phil Degree in the concerned subject are exempted from NET for UG Level teaching only”. 10. On 05.07.2006 G.O.Ms.No.197, Higher Education Department, was issued by the State Government for recruitment of Lecturers in Government Arts and Science Colleges. The holders of NET/SLET qualification filed W.P.No.21345 of 2006 challenging the 14.06.2006 amendment to the Regulations. The said writ petition was ultimately dismissed. In the subsequent writ petition viz., W.P.No.32958 of 2006, while dismissing the writ petition on 24.03.2007, the Court further added that the M.Phil holders of pre 31.12.1993 can also be equated with M.Phil holders with NET/SLET in order to gain the weightage marks of 6. https://hcservices.ecourts.gov.in/hcservices/ 11. On 21.07.2008 the University Grants Commission in its 449th meeting held on 21.07.2008 considered the Final Report of the NET Review Committee and the Reports of the UGC Pay Review Committee resolved that the candidates, who are already registered for M.Phil and completed the same up to 30th June, 2009 be exempted from NET for UG teaching. However, NET/SLET shall be compulsory for the candidates completing their M.Phil on or after 1st July, 2009”. 12. On 12.11.2008 a Policy Direction was issued by the Department of Higher Education, Ministry of Human Resource Development, Government of India under Section 20(1) of the UGC Act, 1956 which reads as follows:- “(1) The UGC shall, for serving the national purpose of maintaining standards of higher education, frame appropriate regulations within a period of thirty days from the date of issue of this order prescribing that qualifying in NET/SLET shall generally be compulsory for all persons appointed to teaching positions of Lecturer/Assistant Professor in Higher Education, and only persons who poses degree of Ph.D. after having been enrolled/admitted to a programme notified by a Commission, after it has satisfied itself on the basis of expert opinion, as to be or have always been in conformity with the procedure of standardization of Ph.D. prescribed by it, and also that the degree of Ph.D. was awarded by a University or Institution Deemed to be University notified by the UGC as having already complied with the procedure prescribed under the regulations framed by the Commission for the purpose. (2) The UGC shall notify the date or dates from which exemption from qualifying in NET/SLET in respect of Universities/Institutions Deemed to be Universities as well as the discipline for which such exemption is being granted only on the recommendations of a Committee of Experts to be constituted by the Commission and that the experts therein shall be persons of high eminence in the respective disciplines for which the persons possessing Ph.D. are considered for exemption from qualifying NET/SLET. (3)……… “ 13. University Grants Commission (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to it) 3rd Amendment Regulations, 2009 was issued on 11.07.2009 amending Regulation 2006, wherein it has been stated as follows:- “NET/SLET shall remain the minimum eligibility condition for recruitment for appointment of Lecturers in Universities/Colleges/Institutions.” https://hcservices.ecourts.gov.in/hcservices/ 14. The Higher Education (F2) Department, Government of Tamil Nadu issued G.O.Ms.No.412 dated 07.12.2009 awarding 6 marks for M.Phil with NET/SLET or M.Phil prior to 31.12.1993 for selection of Lecturers in Government Arts and Science Colleges. 15. On 29.03.2010 the Teachers Recruitment Board called for applications for direct