A Betrayal of Trust: Why Mizoram Must Stop Appointing Under-Qualified College Teachers

- Dr Vanlalruata Hnamte

The recent decision by the Mizoram State Government to extend the services of 29 part-time Assistant Professors (Ref. H&TE Notification No.A.12033/8/2017-HTE (Parttime) dated: 21st Feb, 2025) who do not meet the mandatory minimum qualifications set by the University Grants Commission (UGC) is more than a mere administrative lapse; it is a profound betrayal of public trust and a flagrant violation of national law. This action not only undermines the integrity of higher education in the state but also perpetrates a grave injustice against students and legitimately qualified candidates. It is an act that borders on criminality in its disregard for established norms and its detrimental impact on the future of Mizoram’s youth.

The Unmistakable Law of the Land: UGC Regulations are Not Optional

The standards for appointing Assistant Professors in India are not ambiguous. The UGC (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, are crystal clear. To be eligible, a candidate must possess:

• A Master’s degree with at least 55% marks.

• A pass in the National Eligibility Test (NET), State Level Eligibility Test (SLET), or State Eligibility Test (SET). Otherwise, having awarded a Ph.D., degree.

These are not suggestions; they are legally binding regulations. The Supreme Court of India has repeatedly affirmed that when it comes to maintaining standards in higher education, which falls under Entry 66 of the Union List in the Constitution, UGC regulations have supremacy over any conflicting state law or executive order. States cannot create their own, lower standards. Any appointment made in violation of these UGC norms is, therefore, illegal ab initio (from the beginning).

The Mizoram government’s justification for these appointments on “humanitarian grounds” is a deeply flawed and dangerous precedent. While compassion is a virtue, it cannot be a substitute for competence in the classroom. Public employment, especially a post as critical as a college professor, must be awarded based on merit and proven qualification, not patronage or pity. The government’s primary humanitarian duty is to its thousands of students, who deserve teachers who have met the national benchmark of excellence.

A Crime Against Students and Qualified Aspirants

To call this situation a “crime” is not hyperbole when one considers the victims.

1. The Crime Against Students: Every student who sits in a classroom taught by an under-qualified professor is a victim. They are being denied the quality of education they were promised and for which they are investing their time and resources. The degrees they earn from institutions that knowingly employ unqualified faculty risk being devalued, rendering Mizoram’s graduates less competitive on the national stage. This is a direct assault on their future.

2. The Crime Against the Qualified: As the Mizo Students’ Union (MSU) has rightly pointed out, there are more than enough candidates in Mizoram who possess NET, SET, or Ph.D. qualifications and are waiting for a fair opportunity. By extending the jobs of unqualified individuals, the government is committing a gross injustice against these deserving aspirants. It sends a demoralizing message that hard work and adherence to rules do not matter, and that connections or circumstance can override merit. This is a recipe for corruption and the erosion of a meritocratic society.

The Legal and Moral Imperative

The government’s action is a clear violation of the rule of law. The Supreme Court has taken a very strict stance on such matters. In a recent, similar case in Punjab, the court quashed the recruitment of over 1,000 assistant professors because the process deviated from UGC norms, calling the move arbitrary and illegal. The actions are primarily governed by the University Grants Commission (UGC) Act, 1956 and relevant rulings by the Supreme Court of India. The Mizoram government is treading on thin legal ice, and its actions are vulnerable to legal challenge, which would cause further disruption and embarrassment.

Consequences for the State Government & Officials

• Violation of the UGC Act, 1956: The government’s action is a direct contravention of the UGC Regulations, 2018, which are legally binding under the UGC Act. These regulations are not mere guidelines.

• Withholding of Grants: Section 14 of the UGC Act, 1956, titled “Consequences of failure of Universities to comply with recommendations of the Commission,” explicitly empowers the UGC to withhold grants from any university or college that fails to comply with its regulations. This is the primary punitive tool the UGC can use against the institutions where these appointments are made.

• Judicial Quashing of Appointments: As seen in the recent Punjab case cited in the Canvas, the entire appointment or extension process can be challenged in the High Court or Supreme Court. Courts have consistently held that such appointments are illegal and arbitrary, and they will be quashed, meaning they are declared void and legally invalid. This leads to administrative chaos and is a significant legal defeat for the government.

• Violation of the Constitution: The act of ignoring meritorious, qualified candidates to appoint or extend the services of unqualified ones is a violation of Article 14 of the Constitution of India, which guarantees the right to equality and equal opportunity in matters of public employment. The government’s action is considered arbitrary and unreasonable, which is unconstitutional.

While individual government officials may not face “punishment” in a criminal sense (like imprisonment) unless corruption or forgery is proven, their executive orders will be struck down as illegal.

Consequences for the Unqualified Appointees

• Termination of Service: The appointments are illegal ab initio (void from the beginning). Once challenged and quashed by a court, the services of these 29 individuals will be immediately terminated. They have no legal right to hold the post.

• No Possibility of Regularization: An appointment that is illegal from the start because the candidate lacks the mandatory minimum qualification cannot be regularized or made permanent, regardless of how long they have served. The “humanitarian grounds” argument does not hold legal water in such cases.

• Recovery of Salary: This is a more nuanced issue. The Supreme Court has often taken the view that if an employee has genuinely worked and was not involved in any fraud or misrepresentation to secure the job (i.e., they didn’t fake their certificates), ordering the recovery of salary already paid can be harsh. However, this is not a guaranteed right. If the appointment is declared void from its inception, a legal argument can be made that they were never entitled to the salary. A court will decide on this based on the specific facts, but the risk of having to return the salary exists.

Beyond the legality, there is a profound moral failure at play. A government’s most sacred duty is to invest in its future, and that future lies in the minds of its young people. By compromising the quality of higher education, the government is failing in this fundamental responsibility.

The Mizoram State Government must immediately reverse its course. The 29 extensions must be revoked, and a transparent recruitment process must be initiated to fill these positions with candidates who meet the UGC’s mandatory qualifications. To do anything less is to admit that the future of Mizoram’s students is a lower priority than protecting the positions of a few unqualified individuals. That is a price no responsible government should ever be willing to pay.

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