Delhi HC asks NEST to review cancelled EMRS PGT appointments over dual degrees, cites revised UGC norms

The Delhi High Court has directed the National Education Society for Tribal Students (NEST) to take another look at the cancelled appointments of four Post Graduate Teacher (PGT) candidates selected under the Eklavya Model Residential Schools (EMRS) Recruitment 2023. The court said the decision should be reconsidered in view of the University Grants Commission's (UGC) revised guidelines, which recognise certain dual-degree programmes completed before 2022.

The four candidates had cleared the recruitment process for PGT (Hindi, English and Economics) posts and were issued provisional appointment letters. However, their candidature was cancelled after NEST found that they had pursued their M.A. and B.Ed. degrees simultaneously.

Hearing the matter, a Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora observed that the UGC has since revised its stand on simultaneous academic programmes. The judges said this change must be taken into account before a final decision is made on the candidates' appointments.

Also read Break your Silence: CJP's Abhijeet Dipke writes to PM Modi as exam paper leak protest enters 15th day

UGC revised its earlier stand

The court referred to the UGC's 589th meeting held on April 3, 2025, in which the commission modified its 2022 guidelines. The revised policy clarifies that students who pursued two academic programmes simultaneously before the 2022 guidelines came into effect can have those qualifications treated as valid, provided they complied with the rules that were applicable at the time.

The petitioners had challenged the cancellation of their appointments as well as paragraph 5 of the UGC's 2022 Guidelines, arguing that there had never been an explicit ban on pursuing two degrees at the same time.

Fresh decision within six weeks

NEST argued that the recruitment advertisement recognised only an integrated four-year programme as an equivalent qualification and required both degrees to have been obtained through regular mode.

Also read After NEET row, NTA faces fresh controversy over repeated UGC NET English questions

The High Court, however, noted that there was no rule specifically prohibiting a candidate from pursuing one programme in regular mode and another through distance learning. It also observed that the UGC's revised guidelines and affidavit, though not relied upon by either side during the proceedings, were relevant and deserved consideration.

The court has directed NEST to complete the reconsideration exercise within six weeks. If the decision goes in favour of the petitioners, they will be appointed with seniority based on their merit and granted notional pay fixation, though they will not receive salary arrears. The court also clarified that if the fresh decision is adverse, the petitioners will be free to challenge it through appropriate legal remedies.