Court Rules Guest Faculties Not Entitled to Minimum Salary of Regular Assistant Professors Under UGC Regulations, Validates Rs.50,000 Monthly Cap and Clarifies No Vested Right to Regularization
In a significant verdict dated October 6, 2026, the Madhya Pradesh High Court (Division Bench, Jabalpur) adjudicated on the contentious issue concerning the service conditions and remuneration of Guest Faculty employed in Government Degree and Post Graduate Colleges across Madhya Pradesh. The judgment emerged from a batch of writ petitions filed by several Guest Faculty members challenging the State Government's policy framework, specifically Clause 6.1 of the Notification dated October 5, 2023, which capped the honorarium payable to Guest Faculties at Rs. 50,000 per month.
The petitioners contended that this cap was arbitrary and violated the University Grants Commission (UGC) Regulations, 2018, particularly Clause 13.0, which mandates that contractual teachers should receive not less than the monthly gross salary of regularly appointed Assistant Professors. They further sought regularization of their services as Assistant Professors and challenged the requirement to repeatedly appear for Public Service Commission recruitment examinations despite having qualified earlier.
The Court, presided by Chief Justice Mr. Alpesh Y. Kogje and Justice Vivek Jain, after hearing learned counsel for both sides and examining relevant legal precedents, upheld the State's policy. It clarified that Clause 13.0 of the UGC Regulations applies exclusively to contractual teachers appointed through the same competitive selection process as regular teachers. The Guest Faculties in question were locally engaged based on merit under a distinct State policy and were not selected via the Madhya Pradesh Public Service Commission (MPPSC) examination, differentiating their status from contractual teachers.
The Court further observed that the UGC itself distinguishes between contractual teachers and Guest Faculties. The UGC's circular dated January 28, 2019, prescribes honorarium for Guest Faculties subject to a maximum of Rs. 50,000 per month, thus aligning with the State's policy of Rs. 2,000 per day honorarium capped at Rs. 50,000 monthly. Therefore, the State's policy was found consonant with the UGC circular and not repugnant to the UGC Regulations.
Regarding the claim for regularization, the Court held that Guest Faculties do not have a vested right to regular appointment merely by virtue of long service. It emphasized that the State has been conducting regular recruitments through MPPSC and providing eligible Guest Faculties opportunities with relaxations including 25% horizontal reservation, bonus marks for experience, and age relaxations up to 10 years. These relaxations were incorporated into the M.P. Education Service (Collegiate Branch) Recruitment Rules, 1990, reinforcing the reasonableness of the State's approach.
On the issue of termination upon appointment of regular incumbents, the Court upheld the "falling out" system, stating that Guest Faculties continue only until regular appointees join. However, it directed the State to ensure that upon falling out, Guest Faculties should be offered the nearest available posting in their subject to mitigate hardship, especially for those nearing retirement age.
The Court reiterated the limited scope of judicial review concerning policy matters, affirming that decisions on creation of posts, recruitment modes, qualifications, and service conditions lie primarily within the State's domain unless shown to be arbitrary or violative of law.
This judgment brings clarity to the service conditions of Guest Faculties in Madhya Pradesh, balancing their temporary engagement with the State's prerogative to regulate academic staffing efficiently while ensuring fair treatment under applicable UGC provisions and State policies.
Bottom Line:
Guest Faculties in Government colleges are not entitled to claim minimum gross salary of regularly appointed Assistant Professors under Clause 13.0 of UGC Regulations, 2018, as said clause applies to contractual teachers appointed through the same selection procedure as regular teachers and not to Guest Faculties appointed locally under State policy; Clause 6.1 of State policy dated 05.10.2023 fixing honorarium with monthly cap of Rs.50,000/- is valid and in consonance with UGC circular dated 28.01.2019; Guest Faculties have no vested right to regularization and can continue only till replaced by regular appointees, though on falling out they should be offered nearest available posting in their subject.
Statutory provision(s):
Article 162, Article 166(1), Article 226 of the Constitution of India; University Grants Commission Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 (Clause 13.0).
Dr. Abha Agrawal v. State of Madhya Pradesh, (MP)(DB)(Jabalpur) : Law Finder Doc Id # 2994544
