The Supreme Court of India has refused to cancel the appointment of an Assistant Professor despite serious doubts over the authenticity of his PhD degree, holding that the appointment cannot be invalidated because a PhD was not an essential qualification for the post. However, the Court has directed Maharshi Dayanand University (MDU), Rohtak, to conduct a fresh inquiry into the genuineness of the doctoral degree.  A Bench of Justice Dipankar Datta and Justice Manmohan observed that the candidate had independently qualified the UGC-NET examination, which satisfied the mandatory eligibility requirement under the applicable UGC Regulations. The Court noted that while a PhD was considered desirable, it was not compulsory for appointment to the Assistant Professor post in question.  The dispute arose after unsuccessful candidates challenged the appointment, alleging that the professor had relied on a fake PhD purportedly awarded by Bundelkhand University. Records obtained under the Right to Information Act and an affidavit filed before the Supreme Court indicated that the university had neither conducted the relevant PhD programme nor recognised the claimed degree during the stated period.  Invoking its powers under Article 142 of the Constitution, the Supreme Court directed MDU to verify the original PhD degree in the presence of Bundelkhand University officials. The Court ordered that the inquiry must follow the principles of natural justice, including giving the professor an opportunity to defend himself and cross-examine witnesses.  The Court further clarified that if the inquiry concludes the PhD degree is forged, the university, college, Bundelkhand University, or any other competent authority will be free to initiate criminal proceedings against the professor in accordance with law. The appeal was disposed of without disturbing the existing appointment, pending the outcome of the investigation.
