Court mandates adherence to UGC Regulations 2018, setting aside state modifications
In a landmark decision, the Punjab and Haryana High Court has quashed the Haryana Public Service Commission's (HPSC) recruitment process for Assistant Professors in government colleges, citing violation of the University Grants Commission (UGC) Regulations, 2018. The judgment, delivered by Justice Tribhuvan Dahiya, underscores the mandatory nature of these central regulations, emphasizing that any deviation or modification by the state is unlawful.
The case, Asha Rani v. State of Haryana, involved petitions challenging the advertisements issued by HPSC, which outlined a selection process that included a Screening Test and Subject Knowledge Test, differing from the UGC's prescribed norms focusing solely on academic performance and interview.
The court observed that the UGC Regulations, established under Sections 26(1)(e) and (g) of the UGC Act, 1956, are binding on state governments and universities, as they are part of a central enactment under Entry 66 of List I of the Seventh Schedule to the Constitution of India. It ruled that Haryana's modifications to these regulations were impermissible, thereby invalidating both the memorandum dated 11.11.2022 and the subsequent recruitment process.
Justice Dahiya noted that the regulations are integral to maintaining standards in higher education and any alteration disrupts this composite scheme. The court directed the state to conduct the recruitment process afresh, strictly adhering to the UGC Regulations, thereby ensuring the selection of qualified candidates based on prescribed academic scores and interviews.
This judgment sets a precedent reinforcing the supremacy of UGC guidelines in recruitment processes within higher education institutions, safeguarding the integrity and quality of educational standards across states.
Bottom Line:
University Grants Commission (UGC) Regulations, 2018 are mandatory for determining standards in higher education and binding on the State Government and its Universities. Any deviation or modification of the UGC Regulations is unlawful.
Statutory provision(s): University Grants Commission Act, 1956 Sections 26(1)(e) and (g), UGC Regulations, 2018 Regulation 4, 5, and 6, Constitution of India, Entry 66 of List I of the Seventh Schedule, Article 320
Asha Rani v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2897034
