'Can Only Imagine Plight Of Students Being Taught By Unqualified Persons': Punjab & Haryana HC Calls For Action Against Profs Without Minimum UGC Qualifications

Observing that "teaching in a college is a responsible job", the Punjab & Haryana High Court has directed the Haryana Government to take steps to relieve professors who are teaching without possessing the minimum qualification prescribed by the University Grants Commission (UGC).

A division bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma said, "If persons do not possess minimum qualification laid down by the UGC i.e. NET/Ph.D., one can only imagine the plight of the students who are being taught by such unqualified persons. Those candidates who have been appointed under the earlier Policies by the various Colleges and have not even acquired the minimum qualifications uptill now, cannot be allowed to be continued."

It was stated that the Court would not sympathize on this aspect but, those who have acquired the qualifications, need to be protected till regular selections are made.

The Court was hearing a batch of appeals against orders of a single judge who had dismissed the plea to allow the professors who were teaching without qualifying the UGC eligibility criteria to teach as extension lecturers till regular appointments were made.

After hearing the submissions the Court noted that if the appellant falls within the the eligibility conditions of the State Policy and has been working, he would be allowed to continue.

"However, if the appellant do not possess the requisite educational qualification and also have not worked for the period as required under the notification dated 14.12.2023, the State would be free to disengage them. While considering the said aspect, the State would also take into consideration the period of having worked for more than one semester/90 days in one calendar year during the interim order passed by this Court," said the Court.

The division bench noted that UGC guidelines provided in 2010 itself for appointing Assistant Professors and Lecturers in the Colleges who possess the minimum NET/Ph.D qualification.

However, the State Government had its own issued advertisements and the appointed persons who did not possess the minimum qualifications laid down by the UGC, it added.

Speaking for the bench Justice Sanjeev Prakash Sharma said, "Policy of 04.03.2020 has been in vogue since last four years, but no regular selections have been made. Thus, the posts are being filled from the unqualified persons."

In light of the above, the Court directed the State Government to take steps or advertise regular posts.

Adding that all candidates, who are working and eligible, would be free to apply, the Court said, "In such circumstances, the benefit of age relaxation also be given to such persons."

While disposing of the plea, the bench also directed the State Government that initiation of the selection process and issuance of advertisement shall be done within a period of six months henceforth.

Suresh Kumar Kaushik, Advocate for the appellant in LPAs 814, 823, 824, 825 and 845 of 2021, LPA-570 of 2021, LPA-592-2022 and LPA-272-2021.

Dalbir Singh, Advocate and  Manju Sharma, Advocate for the appellant in LPA-682-2022.

Santosh Mijlani, Advocate for the appellant in LPA-705-2023.

Rakesh Nagpal, Advocate for the appellant in LPA-935-2021.

Arvinder Arora, Advocate for the appellant(s) in LPA-910-2021 and LPA-918-2021.

Title: NEERAJ BHARDWAJ ALIAS NEERAJ v. STATE OF HARYANA AND OTHERS

Citation: 2024 LiveLaw (PH) 148

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