UGC Regulations 2016 Exempting PhD Holders From NET Qualification Will Apply Retrospectively

Case: University of Kerala And Ors. Etc. v. Merlin J.N. And Etc. Etc.

Coram: Justices U.U. Lalit, S. Ravindra Bhat and Sudhanshu Dhulia

Case No.: SLP(C) No. 12591-12596 of 2020

Court Observation: “When an enactment or an amendment is declaratory, curative or clarificatory, impelled by a felt need to make clear what was always intended, such amendment is usually meant to operate from an antecedent date, or to cover antecedent events.”

“In situations such as these, a retrospective restoration of rights which had earlier been taken away, will certainly affect pending proceedings – however, it is the duty of the courts, whether trying original proceedings or hearing an appeal, to take notice of the change in law affecting pending actions and to give effect to the same.”

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Keywords

UGC Regulations 2016, NET Qualification