Delhi HC Flags Arbitrariness in Interview-Only Selection of Assistant Professors

The Delhi High Court has recently modified a University Grants Commission (UGC) regulation that allowed the appointment of assistant professors based only on interviews.

A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla held that while the regulation itself is not unconstitutional, it cannot be applied in a way that permits a completely unstructured and interview-only selection process. The Court observed that such a method is prone to arbitrariness and goes against the principles of equality and fairness guaranteed under Articles 14 and 16 of the Constitution of India.

The Bench clarified that interviews can be a part of the recruitment process, but they cannot be the sole basis for selection. There must be clear criteria and objective assessment methods to ensure transparency and fairness in academic appointments.

The Court also ruled that a post reserved for Persons with Benchmark Disabilities (PwBD) cannot be converted into a post reserved for candidates from the Economically Weaker Sections (EWS). This finding came while examining the recruitment process followed by the National Institute of Educational Planning and Administration (NIEPA).

The petition was filed by Dr Sachin Kumar, a candidate with 75 percent locomotor disability, who challenged NIEPA’s refusal to appoint a PwBD candidate despite a reserved vacancy. The Court set aside the flawed recruitment process and directed NIEPA to re-advertise the post within eight weeks, keeping the original reservation intact and following a lawful selection procedure.