AIROnline 2024 SC 840

University Grants Commission Act (3 of 1956) , S.26— 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) Regulations (2018) , Regn.10(f)(iii), Regn.4, Regn.10— Constitution of India , Art.14— Appointment – Eligibility criteria – Challenge against reading down of provision – Reg.10(f)(iii) was not found to be ultra vires on either ground of legislative incompetence or on ground that it was violative of constitutional rights and/or any provision of UGC Act or on ground that there was excessive delegation – Division Bench without even recording any prima facie opinion, chose to sidestep issue of examining vires of Reg.10(f)(iii) by observing that need to examine challenge would stand obviated if Reg.10(f)(iii) was read down – Even though Reg.10 of 2018 Regulations expressly refers to “Assistant Professor” as one of three posts to which same would apply, effect and import of order under challenge was that Reg.10 had to be read as if it did not apply to said post – Division Bench was wholly unjustified in its approach as conditions of eligibility for entitlement to secure marks, which had been laid down, were matters of policy over which Courts have no expertise and judicial review could not extend to such cases – Order of High Court was set aside
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