( 2026:HHC:36899 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 926 of 2018 Reserved on: 05.08.2026 Decided on: 31.08.2026 Ms. Ruchi Raj Thakur …. Petitioner. -Versus- Himachal Pradesh National Law University, Shimla through its Registrar …..Respondent. Coram: Hon'ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 Yes. ________________________________________________________ For the petitioner: Mr. Sanjeev Bhushan, Senior Advocate, with Mr. Sparsh Bhushan, Advocate. For the respondents: Mr. Sai Amar Vivek Aggarwal, Senior Advocate through VC, with Mr. Gaurav Thakur, Advocate, vice Mr. Rajesh Kumar Parmar, Advocate. Ajay Mohan Goel, Judge By way of this writ petition, the petitioner has, inter alia, prayed for the following relief:- “(i) That appropriate writ order or direction may very kindly be issued directing the respondent- University to regularize the services of the petitioner as Assistant Professor (English) from the same date 1 Whether reporters of local papers may be allowed to see the judgment? 2. ( 2026:HHC:36899 ) from which the similarly situated persons who were also appointed on contract basis in furtherance of Annexure P-1 were regularized, i.e., with effect from 29th December, 2017.” 2. Brief facts necessary for the adjudication of this petition are that respondent-University issued an Advertisement notice dated 20.09.2016, inviting applications on the prescribed format for filling various Teaching posts, which were advertised therein. This also included one post in the Department of English. A copy of the Advertisement is appended with the petition as Annexure P-1. In terms of Advertisement, the post of Assistant Professor (English) was advertised in the pay band of ₹15,600–39,100 + ₹6,000 Grade Pay. The educational qualifications which were prescribed in the Advertisement read as under: “Educational Qualifications: (i) Good academic record with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master’s Degree level in a relevant subject from an Indian University or an equivalent degree from an accredited foreign university. (ii) Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility test (NET) conducted by the UGC, 3. ( 2026:HHC:36899 ) CSIR or similar test accredited by UGC like SLET/SET. (iii) Notwithstanding anything contained in sub- clauses (i) and (ii) to this clause candidates, who are or have been awarded Ph. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph. Degree) Regulation, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET or recruitment and appointment of Assistant Professor in the University.” 3. In terms of the instructions appended alongwith the Advertisement, it was mentioned against Instruction No.-9 that it shall be open for the Selection Committee to decide whether to fill up the post on temporary, permanent, ad-hoc, or contract basis and the decision of the Selection Committee in this regard shall be final. 4. To cut the controversy short, the petitioner applied for the post of Assistant Professor (English) on the basis of the said Advertisement. She was offered appointment against the post of Assistant Professor (English) vide Annexure P-2, i.e., order dated 8th October, 2016. In terms of this communication, the petitioner was appointed as an Assistant Professor in English on a consolidated pay of 4. ( 2026:HHC:36899 ) ₹40,000 per mensem on probation for a period of one year. It was also mentioned in this letter that the services of the petitioner will be governed by the provisions of the Himachal Pradesh National Law University Act, 2016 and the Statutes and Regulations made thereunder from time to time and the services of the petitioner were liable to be terminated on one month's notice on either side, during the period of probationary appointment. Alongwith the petitioner, certain other incumbents were also appointed in different Departments on the same terms and conditions. 5. At this stage, it is relevant to mention that at the time when the petitioner was appointed against the post of Assistant Professor (English), though she was holding a Master's degree in the relevant subject with 55% marks, however, she was not fulfilling the eligibility of NET/SLET/SET. She was pursuing her Ph.D. in accordance with UGC Regulations, 2009 at the relevant time. 6. Vide notification dated 11th April 2018 (Annexure- P3), the Ph.D. thesis of the petitioner were accepted and she was declared eligible for the award of Doctor of Philosophy. Thereafter, in terms of Annexure-P4, Ph.D. degree was conferred upon the petitioner on 12.04.2018. 5. ( 2026:HHC:36899 ) 7. Upon receipt of this Ph.D. degree, the petitioner, in terms of Annexure-P5, communication dated 20th April 2018, wrote to the Vice-Chancellor of the respondent- University, intimating the Authority that she had acquired the Ph.D. degree, which was an essential qualification for the post of Assistant Professor and as in the Executive Meeting held on 29th December 2017, her regularization was deferred on account of not fulfilling the said condition, therefore, having acquired the said qualification, her services be now regularized. However, as the needful was not done by the Department, hence, the petitioner has approached this Court, praying for the reliefs already enumerated hereinabove. 8. Learned Senior Counsel for the petitioner has submitted that herein, the essential qualifications for appointment against the post of Assistant Professor were 55% marks in MA in the concerned subject, with qualification of NET/SLET/SET, but the qualification of NET/SLET/SET was exempted to those, who were awarded Ph.D. degree in accordance with UGC Regulations of 2009. 9. Learned Senior Counsel referred to CMP No. 18995 of 2026 and documents appended therewith, which were ordered to be taken on record on 05.08.2026 and submitted that it was evident from the minutes of the Executive Council held on 29.12.2017 that in terms 6. ( 2026:HHC:36899 ) of Item No. 3 thereof, the services of all the Teachers appointed in the University in October, 2016 were confirmed except Ms. Ruchi Raj Thakur and it was suggested that Ms. Ruchi Raj Thakur may be allowed to continue on the same consolidated salary and after fulfilling her eligibility, she may be regularized after facing proper Selection Committee. After the petitioner acquired the Ph.D. qualification and was eligible for regularization against the post of Assistant Professor (English), as on her acquiring Ph.D. qualification, now she was exempted from possessing NET/SET qualification, she immediately made a representation to the Vice-Chancellor of the University on 16.04.2018 for regularization of her services, yet till date, nothing has been done qua the regularization of her services. He submitted that the act of the respondent-University of not regularizing the services of the petitioner, even after she fulfilled the eligibility criteria, that is, after she acquired the Ph.D. qualification, is arbitrary and discriminatory and accordingly, he prayed that the respondents be directed to order the regularization of the services of the petitioner as from the date when she acquired the qualification, with all consequential benefits. 10. On the other hand, learned Senior Counsel appearing for respondent-University made three broad submissions to oppose the prayer of the petitioner. Learned Senior Counsel submitted that when 7. ( 2026:HHC:36899 ) the petitioner applied for the post in issue and when she was appointed as an Assistant Professor in the Department of English, she was not fulfilling the eligibility criteria. Learned Senior Counsel submitted that for this reason, a contract was entered into between the University and the petitioner on 20.10.2016, copy whereof was appended as Annexure- RE. He submitted that in terms of this agreement, the appointment of the petitioner was a contractual appointment and she cannot, therefore, claim any regularization like other incumbents who, when appointed, were fulfilling the eligibility criteria. Learned Senior Counsel by referring to Communication dated 12.04.2018 (Annexure P-4) submitted that in terms of this Communication, which was issued by the Himachal Pradesh University, the petitioner had joined the Ph. D. Programme on 30.12.2009, whereas, the exemption of NE/SLET/SET was available to those candidates, who had either done their Ph. D. in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph. Degree) Regulation, 2009 or who had got themselves registered for undergoing Ph. D. before the cut-off date, i.e., 11.07.2009. Thirdly, learned Senior Counsel argued that as the petitioner was not registered for Ph.D. under the 2009 Regulations before 11.7.2009, she was still not eligible, as in such a circumstance, on acquiring of her Ph.D. degree, the requirement of passing 8. ( 2026:HHC:36899 ) NET/SLET/SET was not washed away and she, indeed, was required even now to pass NET/SLET/SET examination and after she acquired either of the said qualifications, her case can be considered for regularization. Learned Senior Counsel also argued that a preliminary objection was taken by the University that as per the University Grants Commission (Minimum Qualification for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures of Maintenance of Standards in Higher Education) (4th Amendment) Regulations, 2016, notified on 11.7.2016, the exemption was to be provided only in case of candidates, who had enrolled themselves for the Ph.D. programme prior to 11th July 2009 and in the case of the petitioner, her date of registration to Ph.D. in English was 30.12.2009. Learned Senior Counsel referred to Annexure R-B, i.e., notification dated 11th July 2016 and submitted that the amendment mentioned therein clearly provided that the 2009 Regulations shall stand amended in the mode and manner prescribed therein, which restricted the exemption from the requirement of passing NET/SLET/SET in favour of only those candidates, who had registered themselves for Ph.D. programme prior to 11th July, 2009. He, thus submitted that on these counts, no relief, as is being prayed for by the petitioner, can be granted. 9. ( 2026:HHC:36899 ) 11. I have heard learned Senior Counsel for the parties and have also carefully gone through the pleadings and the documents placed on record by the concerned parties. 12. The Advertisement, pursuant whereto, the petitioner was appointed against the post of Assistant Professor (English), which is appended with the petition as Annexure P-1, was issued 20.9.2016. In terms of this advertisement, an incumbent who was applying for the posts advertised therein, was required to possess a good academic record with at least 55% marks at the Master's degree level in the relevant subject and besides fulfilling the above qualification, the candidate should have cleared the National Eligibility Test (NET) conducted by UGC, CSIR or similar test accredited by UGC like SLET/SET. It was further mentioned therein that notwithstanding anything contained in sub-clauses (i) and (ii) under the Head of Educational Qualifications, candidates who are or have been awarded Ph.D. degree in accordance with UGC 2009 Regulations, shall be exempted from the requirement of minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor in the University. 10. ( 2026:HHC:36899 ) 13. In terms of Annexure P-4, the petitioner ultimately was awarded Ph.D. degree on 12.04.2018. The amendment which took place on 11th July 2016 in the 2009 UGC Regulation reads as under:- “3. The proviso prescribed under Regulation 3.3.1, 4.4.1, 4.4.2, 4.4.2.2, 4.4.2.3, 4.5.3 and 4.6.3 in the University Grants Commission (Minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges and other measures for the maintenance of standards in higher education) (3th Amendment) Regulations, 2016 regarding exemption to the candidates registered for Ph.D. programme prior to July 11, 2009 shall stand amended and be read as under:- "Provided further, the award of degree to candidates registered for the M. Phil/Ph.D programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances/Bylaws/Regulations of the Institutions awarding the degree and the Ph. D candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfillment of the following conditions:- a) Ph.D. degree of the candidate awarded in regular mode only. 11. ( 2026:HHC:36899 ) b) Evaluation of the Ph.D. thesis by at least two external examiners; c) Open Ph.D. viva voce of the candidate had been conducted; d) Candidate has published two research papers from his/her Ph.D. work out of which at least one must be in a refereed journal; e) Candidate has made at least two presentations in conferences/seminars, based on his/her Ph.D work. (a) to (e) as above are to be certified by the Vice-Chancellor/Pro-Vice-Chancellor/Dean (Academic Affairs)/Dean(University instructions)." 14. Thereafter, the University Grants Commission Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 stood notified on 18th July, 2018 (hereinafter referred to as ‘the 2018 UGC Regulations’). The 2018 UGC Regulations provided that the National Eligibility Test (NET) or an accredited test (State Level Eligibility Test SLET/SET) shall remain the minimum eligibility for appointment of Assistant Professor and equivalent positions wherever provided in these Regulations. However, there was a proviso therein, which provided that the candidates who have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulation, 2009, or the University Grants Commission (Minimum Standards and Procedure for Award of 12. ( 2026:HHC:36899 ) M.Phil/Ph.D. Degree) Regulation,2016, and their subsequent amendments from time to time, as the case may be, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or any equivalent position in any University, College or Institution. The relevant Regulation, i.e., Regulation-3.3 thereof is quoted hereinbelow:- “3.3 I. The National Eligibility Test (NET) or an accredited test (State Level Eligibility Test SLET/SET) shall remain the minimum eligibility for appointment of Assistant Professor and equivalent positions wherever provided in these Regulations. Further, SLET/SET shall be valid as the minimum eligibility for direct recruitment to Universities/Colleges/Institutions in the respective state only: Provided that candidates who have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulation, 2009, or the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil/Ph.D. Degree) Regulation,2016, and their 13. ( 2026:HHC:36899 ) subsequent amendments from time to time, as the case may be, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or any equivalent position in any University, College or Institution. Provided further that the award of degree to candidates registered for the M.Phil/Ph.D.programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances / Bye-laws / Regulations of the Institutions awarding the degree. All such Ph.D. candidates shall be exempted from the requirement of NET/ SLET / SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges /Institutions subject to the fulfillment of the following conditions: a) The Ph.D. degree of the candidate has been awarded in regular mode only; b) The Ph.D. thesis has been awarded by at least two external examiners; c) An open Ph.D. viva voce of the candidate has been conducted; d) The candidate has published two research papers from his/her Ph.D. work out of which at least one is in a refereed journal; 14. ( 2026:HHC:36899 ) e) The candidate has presented at least two papers, based on his/her Ph.D. work in conferences / seminars sponsored/ funded/supported by the UGC / ICSSR/CSIR or any similar agency. The fulfilment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned.” 15. Thus, in terms of said Regulation, it is apparently clear that a candidate, who has been awarded a Ph.D. degree in accordance with the 2009 Regulations and 2016 Regulations and their subsequent amendments from time to time, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment/appointment of Assistant Professor or any equivalent post in a University, College or institution. With regard to those candidates, who stand registered for M.Phil./Ph.D. programme prior to July 2009, it was mentioned therein that such candidates shall be governed by the provisions of the then existing Ordinances/Byelaws/Regulations of the institutions awarding the degree etc. 16. As mentioned hereinabove, the 2018 UGC Regulations were published on 11.07.2018 and the petitioner was awarded her Ph.D. degree in terms of Notification dated 11th April 2018 (Annexure- 15. ( 2026:HHC:36899 ) P3) and Communication dated 12.04.2018 (Annexure- P4). The date of completion of her degree is 10.04.2018 and these Communications clearly demonstrate that the petitioner was awarded the degree of Ph.D. by the Himachal Pradesh University in accordance with the 2009 UGC Regulations and further the petitioner fulfilled the conditions as laid down in Para-3.3.1 of UGC (Third Amendment) 2016 also. 17. In this factual backdrop, this Court is of the considered view that after the petitioner acquired the Ph.D. qualification and then after the 2018 Regulations of UGC came into force, there was no further requirement for the petitioner to pass NET/SLET/SET for her regularization against the post of Assistant Professor, as she was duly exempted from clearing said examination, having done her Ph.D. under the 2009 Regulations. The issue as to whether candidates who have done their Ph.D. under the 2009 Regulations are exempted from qualifying the NET/SLET/SET is also otherwise no more res integra and the Hon’ble Supreme Court of India on this issue in University of Kerala & Others Vs. Merlin J.N. & Another, (2022) 9 Supreme Court Cases 389, has been pleased to observe on this issue, inter alia, as under:- “13. From the narration of facts, it is evident that for long, whenever the UGC introduced regulations pertaining to qualifications for university teaching staff, exemptions were provided for Ph. D 16. ( 2026:HHC:36899 ) and M. Phil. holders from the requirement of qualifying in the NET. This is evident from the successive changes which UGC introduced in the relevant regulations dealing with eligibility and University Grants Commission Act, 1956 (hereinafter, “UGC Act”). qualifications for appointment as Assistant Professors, Associate Professors, etc. in 1993, 2000, 2002 and 2006. The 2009 Ph.D. Regulations were the first time that the pedagogic content of curriculum and manner in which evaluation of thesis/viva voce, etc. were spelt out. Building on this, the 2009/10 UGCR dealt with the qualifications for appointment of teaching staff in universities, and made a break with the past inasmuch as only those who had earned their Ph.D. in terms of the 2009 Ph.D. Regulations or were to earn them under that regime were entitled to the exemption from taking the NET. 14. This meant that a large group of Ph.D. holders (such as Dr. Jayakumar in this case) who had been awarded their doctoral degrees prior to 11.07.2009, i.e., the cut-off date under the 2009 UGCR, suddenly became disentitled to claim exemption and were per force made to appear and qualify in the NET. The UGC become aware of this situation and by two resolutions dated 12.08.2010 and 27.09.2010, opined that since the regulations are prospective in nature, all candidates having M. 17. ( 2026:HHC:36899 ) Phil. degree on or before 10.07.2009 and all persons who obtained the 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. However, as the facts discussed in P. Suseela (supra) reveal – the Central Government did not agree with the opinion of the UGC. Some correspondence took place between the two authorities i.e., the UGC and the Central Government. It was in the background of these facts that the petitioner in P. Suseela (supra) had approached the Allahabad High Court (as did some other candidates in other High Courts). The differing decisions of the various High Courts led to appeals before this court by Special Leave. In the batch of decided by P. Suseela (supra), the question of application of exemption from NET for candidates who obtained Ph.D. under the old regime (i.e., prior to the coming into the force of the 2009 Ph.D. Regulations) was considered – specially whether the distinction between pre and post 2009/10 UGCR Ph.D. holders amounted to an impermissible classification, whereby one set (pre-2009) was denied exemption which the other set (post 2009) was entitled to. 18. ( 2026:HHC:36899 ) 15. This court in P. Suseela (supra) ruled that since the Central Government was the final authority under the UGC Act, it had the final say with regard to how the 2009/10 UGCR were going to operate. It was held that the regulations had to be construed in such a manner that only those acquiring their Ph.D. degree or after 11.07.2009 in terms of the 2009 Ph.D. Regulations were entitled to the exemption. 16. The facts of this case would reveal that the selection process was completed in 2012. There is no doubt that at that stage, the 2009 Ph.D. Regulations and 2009/10 UGCR were in force. Yet the University appointed Dr. Jayakumar by applying the existing standards as understood by it. According to the University, the 2009/10 UGCR was incorporated in its statute only in 2013. In the opinion of this court, that detail is irrelevant. What is undeniable is that like Dr. Jayakumar, there are perhaps hundreds of other Ph.D. candidates who had secured their degrees prior to the 2009 Ph.D. Regulations and who were, till the 2009/10 UGCR were brought into force, entitled to claim exemption from NET in every selection for any teaching vacancy in any university in India. This state of affairs led the UGC to issue clarifications, which the Central Government did not agree to. The appellant Dr. Jayakumar fell within that category of Ph.D. holders for whom the UGC intended to soften the 19. ( 2026:HHC:36899 ) rigors of the 2009/10 UGCR. However, lack of approval by the Central Government led to litigation which culminated in P. Suseela (supra). 17. P. Suseela (supra) appears facially, to adversely clinch the issue with respect to pre-2009 Ph.D. holders. The UGC perhaps realized the hardship which they had to endure (with many of them even appointed in various universities on account of the resolution adopted in UGC’s 471st meeting on 12.08.2010), and therefore amended the regulations once more (2016 UGCR), which read as follows: "3. The proviso prescribed under Regulations 3.3. J, 4.4. J, 4.4.2, 4.4.2.2, 4.4.2.3, 4.5.3 and 4.6.3 in the University Grants Commission (Minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges and other measures for the maintenance of standards in higher education) (3th Amendment) Regulations, 2016 regarding exemption to the candidates registered for Ph.D. programme prior to July 11, 2009 shall stand amended and be read as under:- Provided further, the award of degree to candidates registered for the M.Phil. / Ph.D. programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances/Bylaws/Regulations of the Institutions awarding the degree and the Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities / Colleges / institutions subject to the fulfilment of the following conditions…”16 (emphasis supplied) Reg. 3, 2016 UGCR. 20. ( 2026:HHC:36899 ) 18. The intention of the UGC to protect the pre-2009 Ph.D. holders, who may have been appointed in various universities and taught for many years, is evidently clear in the language adopted. To make the intention even clearer, the 2018 UGCR, published on 18.07.2018, bifurcated the pre- and post-2009 Ph.D. holders into two groups, and allowed both exemption from taking the NET, as follows: “I. The National Eligibility Test (NET) or an accredited test (State Level Eligibility Test SLET/SET) shall remain the minimum eligibility for appointment of Assistant Professor and equivalent positions wherever provided in these Regulations. Further, SLET/SET shall be valid as the minimum eligibility for direct recruitment to Universities/Colleges/Institutions in the respective state only: Provided that candidates who have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulation, 2009, or the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil. / Ph.D. Degree) Regulation,2016, and their subsequent amendments from time to time, as the case may be, shall be exempted from the 21. ( 2026:HHC:36899 ) requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or any equivalent position in any University, College or Institution. Provided further that the award of degree to candidates registered for the M.Phil. / Ph.D. programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances / Bye-laws / Regulations of the Institutions awarding the degree. All such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfillment of the following conditions…” (emphasis supplied) 18. This judgment not only observes that as per UGC Regulations 2018, those Ph.D. holders, who had done their Ph.D. under 2009 Regulations or 2016 Regulations, were exempted from the minimum eligibility condition of NET/SLET/SET, but it also clarified the status of those who were registered for M.Phil./Ph.D. programme prior to 11.07.2009. In fact, in the said matter, Hon’ble Supreme Court was answering as to whether the candidates registered for M.Phil./Ph.D. 22. ( 2026:HHC:36899 ) programme prior to 11.07.2009 were protected by the 2018 UGC Regulations or not. 19. Be that as it may, this Court reiterates that after coming into force of the 2018 Regulations, the petitioner was clearly, categorically and expressly exempted from the minimum eligibility condition of passing NET/SLET/SET. As this was the only embargo in her regularization when others were regularized, once she had acquired the Ph.D. qualification, the respondent University was under an obligation to have had regularized the services of the petitioner immediately after she submitted her Ph.D. degree to the authorities, or immediately after the 2018 UGC Regulations were published by the University Grants Commission. The act of the respondent University of not doing so and insisting upon the petitioner passing NET/SLET/SET demonstrates that the intent of the University was not to regularize the services of the petitioner despite the petitioner being fully qualified to be regularized against the post in issue, as after acquiring the Ph.D. qualification, she was fully eligible to be appointed against the post of Assistant Professor/regularized against the post of Assistant Professor. 20. In fact, if one peruses the minutes of the Executive Council held on 29th December 2017, the same demonstrates that while regularizing the services of other Teachers, who were appointed 23. ( 2026:HHC:36899 ) alongwith the petitioner in the month of October, 2016, it was observed therein that the petitioner be allowed to continue on the same consolidated salary and she may be regularized after fulfilling her eligibility criteria. 21. This Court is of the considered view that after acquiring the Ph.D. degree, as the petitioner now fulfills the eligibility criteria, the denial of regularization to her on this count that she is still ineligible and that she has to undergo NET/SLET/SET etc., is not sustainable in the eye of law. This Court reiterates that once the petitioner fulfilled the eligibility criteria of acquiring the Ph.D. qualification, that too, in terms of the 2009 UGC Regulations, the additional condition of her passing NET/SLET/SET which is being imposed by the University, is completely arbitrary and bad in law. Otherwise also, the petitioner has rendered more than 10 years of service and at this stage, asking the petitioner to again go through the rigors of selection committee etc., as is also mentioned in the minutes of the Executive Council, is demeaning in a sense that the petitioner cannot be asked to undergo a selection process for being appointed against a post which is being held by her for the last almost 10 years, and this is, more so, in light of the fact that it is nowhere the case of the University that she has not been found up 24. ( 2026:HHC:36899 ) to the mark, as far as imparting of education in the concerned subject by her is concerned. 22. Accordingly, in light of the above discussions, this writ petition is allowed. The act of the respondents of not regularizing the services of the petitioner after she acquired the Ph.D. qualification, is held to be bad in law. The act of the respondents of insisting upon the petitioner to acquire the qualification of NET/SLET/SET is also held to be bad. The respondents are directed to regularize the services of the petitioner as Assistant Professor (English) from 11.07.2018, i.e., the date when 2018 UGC Regulations were published, with all consequential benefits. However, monetary benefits shall be notional as up to the date of this judgment, where-after, actual emoluments shall be paid to the petitioner. The petition stands disposed of in above terms, so also pending miscellaneous applications, if any. (Ajay Mohan Goel) Judge August 31, 2026 (bhupender)