2025:UHC:1630-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB No. 390 of 2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. (1) Mr. Davesh Bishnoi, learned counsel for the petitioner. (2) Mr. Jaywardhan Kandpal, learned Standing Counsel for the State of Uttarakhand. (3) Mr. Vikas Pandey, learned counsel for the respondent-UGC. (4) This writ petition was filed in 2017 seeking the following reliefs:- i) Issue a writ, order or direction in the nature of certiorari quashing/modifying the UGC guidelines termed as “Initiatives of the UGC” dated 12.04.2016, whereby the UGC (Minimum Sandards and Procedure for the awards of M.Phil./Ph.D. Degree) Regulations, 2009” (dated 01.09.2009 and effective from 11.07.2009) AND UGC (Minimum Qualifications Required for the Appointment and career Advancement of Teachers in Universities and Institutions Affiliated to it) (3rd Amendment), Regulations, 2009” (dated 01.06.2009 and effective from 11.07.2009), annexed as Annexure No. 4 herein, to the extent that the same imposes bar on those Ph.D. Degree holders who have been awarded their Ph.D. Degree prior to 11.07.2009, and who have been exempted from qualifying NET examination, by imposing fresh conditions, rendering them ineligible to be appointed for the post of Assistant Professors in the Universities and its affiliated institutions. ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 4 to modify the Directinno. 15 given under the Advertisement no. 01/03/D.R./Seva-2/2017-18 dated 04.08.2017 to the extent that the same imposes bar, on certain grounds, on those Ph.D. Degree holders who have been awarded their Ph.D. Degree prior to 11.07.2009, and who 2025:UHC:1630-DB have been exempted from qualifying NET examination, by imposing fresh conditions, rendering them ineligible to be appointed for the post of Assistant Professors in the Universities and its affiliated institutions. (5) The relief, as prayed, cannot be granted, as a Rule/Regulation or Guideline can only be modified by the Competent Authority, which has framed/issued such Rules/Guidelines and courts cannot usurp of function of Rule making Authority. (6) Accordingly, the writ petition is dismissed. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 10.03.2025 Aswal 2025:UHC:1630-DB