phd regulation ugc 2016

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UGC Regulations, 2016: UGC To Amend M.Phil, Ph.D Admission Norms

Ugc's decision to implement interview or oral test as the sole criterion for mphil, phd admission had received strong criticism last year from students and teachers..

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PhD Award Lists for Mar 2024 is now live . . .

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Gauhati university, the phd programme, mphil & phd regulations.

                   PhD Regulations 2023, Gauhati University, JULY 2023 (Download Now).

Download MPhil & PhD Regulations of Gauhati Univetsity, 2016 (24th April, 2017)

Download UGC's Minimum Standards for MPhil & PhD (5th May, 2016)

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UGC Regulations 2016 Exempting PhD Holders From NET Qualification Will Apply Retrospectively : Supreme Court

Sohini chowdhury.

18 Aug 2022 4:43 AM GMT

The Supreme Court, on Wednesday, held that the UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2016 would be applied retrospectively. Relying on a catena of judgments, a Bench comprising Justices U.U. Lalit, S. Ravindra Bhat and Sudhanshu Dhulia reiterated that when an amendment is...

The Supreme Court, on Wednesday, held that the UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2016 would be applied retrospectively.

Relying on a catena of judgments, a Bench comprising Justices U.U. Lalit, S. Ravindra Bhat and Sudhanshu Dhulia reiterated that when an amendment is merely clarificatory in nature it ought to have retrospective application (University of Kerala And Ors. Etc. v. Merlin J.N. And Etc. Et c).

"When an enactment or an amendment is declaratory, curative or clarificatory, impelled by a felt need to make clear what was always intended, such amendment is usually meant to operate from an antecedent date, or to cover antecedent events."

As per the UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2000 (UGCR 2000) to be appointed as Lecturer in an university passing National Eligibility Test (NET) was mandatory. However it exempted candidates who had acquired M.Phil or submitted PhD thesis by 31.12.1993 from taking NET. The UGCR 2000 was amended a couple of times, but retained such exemption. By way of the UGCR 2009, NET was made the minimum stipulation for appointment of Lecturer. The candidates who acquired PhD in compliance with UGC (Minimum Standards and Procedure for Award of M. Phil / Ph.D. Degree) Regulations 2009 (PhD Regulations, 2009) were exempted from qualifying NET. The UGCR 2009 was again amended in 2010, but the exemption with respect to the PhD Regulations, 2009 was still in place. This gave way to a lot of confusion, as it was being interpreted to mean that PhD holders who were awarded PhD prior to the coming into force of the UGCR 2009 were disentitled to claim exemption from qualifying NET. In this backdrop, UGCR was subsequently amended in 2016 and 2018 with the intention to clarify that both pre-2009 and post-2009 PhD holders would be exempted from qualifying NET.

Factual Background

On 13.06.2011, the University of Kerala notified vacancies for some posts. One mandatory condition was to qualify NET. But, the advertisement categorically exempted candidates having PhD in the concerned subject from qualifying NET. Pursuant to the advertisement the petitioner(Dr.Jayakumar) had applied; he was assessed and assigned first position. The candidate who came second filed a writ petition before the Kerala High Court challenging petitioner's appointment on the ground that he had not obtained his PhD prior to coming into force of the PhD Regulations, 2009. The Single Judge of the High Court set aside the appointment, which was later confirmed by the Division Bench.

Contentions raised by the parties

Both the petitioner and the University defended the appointment and argued that UGCR 2009 was adopted by the University in 2013 and when the petitioner was appointed in 2012, he was fully qualified as Lecturer. It was also contended that as clarified by UGC the PhD Regulations 2009 and UGCR 2009 were prospective in nature.

The respondent averred that the petitioner could not have been granted exemption from NET which was an essential criteria under the extant Rules. It was asserted that since the 2009 UGCR only exempts those who have obtained PhD in terms of the PhD Regulations 2009, petitioner would not be eligible for the same benefit as he had received his PhD much prior to coming into force of the PhD Regulations 2009.

Analysis by the Supreme Court

The Bench observed that, noting that a large group of PhD holders who were awarded doctoral degrees prior to the coming into force of the UGCR 2009 suddenly became disentitled to claim exemption and were forced to appear and qualify NET, UGC by resolution clarified that the regulations are prospective in nature, i.e. all candidates having Ph.D. degree on or before 31.12.2009 and had registered themselves for the Ph.D. before this date, but would be awarded such degree subsequently, shall remain exempted from the requirement of NET for the purpose of appointment as Lecturer/Assistant Professor. The Central Government did not agree with UGC on this issue and that paved the way for litigation. Subsequently, UGC amended the UGCR in 2016 to protect the pre-2009 PhD holders who were appointed in various institutions and were working as Lecturers for several years. To clarify its stand further, UGC amended UGCR 2016 in 2018 to bifurcate pre and post-2009 PhD holders and exempted both from qualifying the NET. The Bench was of the view that the language in the subsequent amendments made it evident that they were to have retrospective application. Reference was made to the judgment in Darshan Singh v. Ram Pal Singh wherein the Apex Court had held that Courts will construe a provision to act retroactively when clear words are used to indicate the same. Moreover, the Bench noted that the UGC had the power to give retrospective effect to the UGCR 2016 under Section 26(3) of the UGC Act. It observed -

"In situations such as these, a retrospective restoration of rights which had earlier been taken away, will certainly affect pending proceedings - however, it is the duty of the courts, whether trying original proceedings or hearing an appeal, to take notice of the change in law affecting pending actions and to give effect to the same."

The Bench was of the opinion that if the UGCR 2018 is interpreted to be prospective in nature then pre-2009 PhD holder's appointment would be rendered illegal and after teaching for several years they would now be forced to take the NET in order to continue as a Lecturer, which, it reckoned, was 'clearly unwarranted'.

Holding so, the bench allowed the appels of the University of Kerala and set aside the judgments of the High Court.

Case Name: University of Kerala And Ors. Etc. v. Merlin J.N. And Etc. Etc.

Citation: 2022 LiveLaw (SC) 680

Case No. and Date: SLP(C) No. 12591-12596 of 2020 | 17 Aug 2022

Corum: Justices U.U. Lalit, S. Ravindra Bhat and Sudhanshu Dhulia

Counsel:  Sr. Adv V. Giri for appellant- Dr. MS Jayakumar, AOR Lakshmeesh S. Kamath appeared for the appellant - University of Kerala, Sr. Adv Raj Panjwani, AOR Purnima Bhat and Adv Kaleeswaram Raj for respondents

Summary - UGC Regulations 2016 exempting PhD holders from NET Qualification will apply retrospectively

UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2009 - National Eligibility Test (NET) as minimum stipulation for appointment as Lecturer in any university - candidates who had acquired their Ph.D. in compliance with the UGC (Minimum Standards and Procedure for Award of M. Phil / Ph.D. Degree) Regulations 2009 introduced on 01.06.2009, were exempt from qualifying in the NET. [Paragraph No. 4]

UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2010 - NET exemption for candidates who had acquired their Ph.D. degrees in accordance with the 2009 Ph.D. Regulations continued - batches of PhD holders who had been awarded their doctoral degrees prior to the cut-off date under the 2009 UGCR, suddenly became disentitled to claim exemption and were forced to appear and qualify in the NET to continue with employment - UGC decided to extend NET exemption to both pre-2019 and post 2009 PhD holders - Central Government did not agree - array of litigation followed - UGC amended Regulation in 2016 and 2018 to clarify both pre and post 2009 PhD holders are exempted from taking NET - intention to protect the pre-2009 Ph.D. holders, who may have been appointed in various universities and taught for many years, is abundantly clear from the language used in the amendments. [Paragraph Nos. 6, 14, 17, 18]

UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2016 - being a clarificatory amendment is retrospective in nature - language of the amended provisions also spells out retrospective application. [Paragraph Nos. 18, 19, 23, 24]

Click Here To Read/Download Judgment

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UGC notifies new regulations on PhD degrees, here's what has changed

The ugc has announced new norms for phd degrees that include significant modifications to the qualifications for admission, the application process, and the evaluation procedures.

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UGC committee to grant 'degree' status to several new courses: Report

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First Published: Nov 10 2022 | 10:37 PM IST

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Research guidance, Research Journals, Top Universities

UGC latest Regulations for PhD

UGC has drafted the latest minimum standards and procedures (UGC PhD regulations 2022) to award a PhD degree. These latest UGC regulations replace Regulation, 2016 and its two amendments: (1st amendment ) Regulations, 2018 dated the 27th August 2018, and (2nd amendment) Regulations, 2018 dated 16th October 2018.

Page Contents

University Grants Commission (Minimum Standards and Procedures for Award of PhD Degree) Regulations, 2022

Eligibility criteria for admission to the phd programme.

A 1-year/2-semester Master’s degree programme (after a 4-year undergraduate degree) with at least 55% marks in aggregate or its equivalent grade ‘B’ on the UGC 10-point scale.

A 2-year/4-semester Master’s degree programme.

A candidate seeking admission after a 4-year/8-semester Bachelor’s degree in Research should have a minimum CGPA of 7.5/10.

A relaxation of 5 % marks can be granted to those belonging to SC/ST/OBC.

Duration of the PhD Programme

PhD programme shall be for a minimum duration of two years excluding coursework, and a maximum of six years. For more details regarding the extension, please read the complete PDF notification at the last of this blog post.

Also, read: Eligibility criteria to be a Research Supervisor

Procedure for admission

All Universities shall admit Ph.D. Scholars through a National Eligibility Test (NET) or National Entrance Test or an Entrance test conducted at the level of individual universities.

UGC guidelines for Ph.D. thesis submission

The Ph.D. thesis submitted by a research scholar shall be evaluated by his/her Research Supervisor and at least two external examiners, who are experts in the field.

Out of the two external examiners, one must be from out of the state in which the institution is located.

The viva-voce of the research scholar to defend the thesis shall be conducted only if the evaluation report(s) of the examiner(s) on the thesis recommends acceptance. If one of the evaluation reports of the examiner in case of a Ph.D. thesis, recommends rejection, the Institution shall send the thesis to an alternate examiner out of the approved panel of examiners and the viva-voce examination shall be held only if the report of the alternate examiner is satisfactory.

UGC regulations for the award of PhD

Award of degrees to candidates registered for the Ph.D. programme on or after July 11, 2009, till the date shall be governed by the provisions of the UGC (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulations, 2009 and 2016 and their amendments .

UGC guidelines for plagiarism

Reference :

https://www.ugc.ac.in/pdfnews/4405511_Draft-UGC-PhD-regulations-2022.pdf

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UGC Regulations for University

Notifications on specification of degrees, regulations on establishment and maintenance of institutions, regulations on minimum standards of instruction for the grant of degrees, rules on returns of information by universities, minimum qualifications required to be appointed as teaching staff and other posts, private universities, regulations on institutions deemed to be universities, regulations on admission to specified professional programmes, ugc regulations.

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