Supreme Court Preserves Assistant Professor's Appointment but Orders Fresh PhD Inquiry

A challenge to an Assistant Professor's appointment based on serious doubts about the PhD degree for which selection marks were awarded

Unsuccessful candidates challenged the appointment at Sat Jinda Kalyana College, Rohtak. The Punjab and Haryana High Court rejected their case on locus. RTI material and an affidavit from Bundelkhand University indicated that the respondent had not attended a PhD programme there and described the degree as fake.

Issue and applicable law

The central question was a challenge to an Assistant Professor's appointment based on serious doubts about the PhD degree for which selection marks were awarded.

The Supreme Court separated eligibility from possible selection advantage. Clearing UGC-NET satisfied the mandatory condition, although marks for a questionable PhD might have improved the candidate's ranking. The inquiry must permit production of originals, an effective defence and cross-examination, without treating the judgment's observations as final findings.

Court's reasoning

The Court held that the appointment could not be set aside because the candidate independently possessed the mandatory UGC-NET qualification and a PhD was only desirable. Its principal reason was that the applicable 2010 UGC norms required NET, SLET or SET, while a compliant PhD operated as an exemption rather than an essential qualification.

Decision and practical effect

The appeals failed on appointment, but Maharshi Dayanand University was ordered under Article 142 to conduct a fresh, fair inquiry into the degree and take lawful action if deceit or forgery is proved.

The ruling is significant because it clarifies how the stated legal standard should be applied to comparable disputes without extending the decision beyond the facts reported by the source.

Case details

• Case: Appeals concerning appointment of Assistant Professor of Physical Education

• Court: Supreme Court of India

• Judges: Justice Dipankar Datta and Justice Manmohan

• Source: https://www.livelaw.in/supreme-court/supreme-court-refuses-to-quash-asst-professors-appointment-over-fake-phd-orders-university-probe-549230