Regarding ongoing phd non compounding increments

Gopal Ram (Querist) 28 August 2018 This query is : Resolved
Dear Sir/Madam, I am in need to get a sound clarification about non- compounding PhD increments given to those who have not finished the PhD but have done coursework and defended the Synopsis successfully and thus got the research proposal approved by the concerned body of a Central University i.e. JNU, New Delhi.It's about the interpretation of UGC Regulation 2010. As per UGC REGULATION 2010 (9.0. INCENTIVES FOR Ph.D./M.Phil AND OTHER HIGHER QUALIFICATION TO TAKE EFFECT FROM 01-09-2008 under 9.5) which holds that: "In respect of every other case, a teacher who is already enrolled for Ph.D. shall avail the benefit of 3 non-compounded increments only if the university awarding the Ph.D. has been notified by the UGC to have compiled with the process prescribed by the Commission for the award of Ph.D. in respect of either course-work or evaluation or both, as the case may be" Since, I was enrolled to Ph.D. at JNU from 22.07.2009 and joined Assistant Professor post on 26.12.2012 in another Central University. (it is on record). Before getting enrolled to PhD program, I was awarded two year duration MPhil from JNU from 2007 to 2009. How many non-compounded advance increments' benefit w.e.f. 26.12.2012 (Date of appointment) should I be given? (as I already had done coursework and defended the research proposal prior to joining the post of Assistant Professor as on 26.12.2012). As per the this document as mention on Part III, Section-4, Page number 7918 (The Gazette of India, September 18, 2010), Item no 9.5 (here goes the link ). I am eligible for 3 non-compounded increments benefit as per this document, but I have not been given the said benefit. Every time I wrote the UGC, but it refers to to me this document but with no interpretation. I need a great favor from you to interpret, specially point number 9.5 in relation all other points mentioned under 9.0 of the said document. With thanks, Sincerely, Gopal Ram

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Guest (Expert) 28 August 2018
Issue was not required to be explained too much. The simple question is whether you have been awarded with the PhD Degree or not?

Attending routine course work and getting the PhD Degree awarded are two different aspects of the higher education.

Gopal Ram (Querist) 28 August 2018
@Dhingra Sir- Thanks for your comment. Why I needed to explain in details was required because of the intricacy of the matter. PhD and MPhil awarded before joining the said post are given the benefit of 5 and 2 non-compounded advance increments (NCAI) respectively. This is very clear, not doubt in the interpretation of this. But there are cases where a candidate is registered under MPhil or PhD after joining the job and such candidates are given the benefit of 3 non compounded advance increments on award of PhD and 1 non-compounded advance increment on award of MPhil. In short, all these increments are given only after the award of the degree i.e. (5&2 NCAI on award of PhD & MPhil respectively before joining the job and 3&1 NCAI registration and award of PhD and MPhil respectively after joining the job). This is mentioned in 9.1 and 9.2 but 9.5 in the gazette is difficult to interpret. This says that a candidate registered in PhD before joining the job and has gone under process of coursework etc will be given the benefit of 3 NCAI. It does not say whether the candidate should have been awarded or not..

Guest (Expert) 28 August 2018
If unable to interpret the related clauses, you could well have reproduced the verbatim text of 9.1, 9.2 and 9.3, as per your own description and could have sought interpretation. In the absence of any such ruling, you cannot expect experts interpretation.

Gopal Ram (Querist) 28 August 2018
Verbatim Text Reproduced here from 9.1 to 9.7 (my problem is with 9.5 whether a candidate needs to get the PhD awarded to avail the benefit of 3 non compounded increments or will get the same benefit without getting awarded but have been already enrolled to the PhD program and has done course work, defended synopsis and completed residential period of two years etc):
9.1. Five non-compounded advance increments shall be admissible at the entry level of recruitment as Assistant Professor to persons possessing the degrees of Ph.D. awarded in a relevant discipline by the University following the process of admission, registration, course work and external evaluation as prescribed by the UGC.
9.2. M.Phil degree holders at the time of recruitment to the post of Assistant Professor shall be entitled to 2 non compounded advance increments.

9.3. Those possessing Post-graduate degree in the professional course such as LL.M./M.Tech/M.Arch./ M.E./M.V.Sc./M.D., etc. recognized by the relevant statutory body/ council, shall also be entitled to 2 non-compunded
advance increments at the entry level.

9.4
(i) Teachers who complete their Ph.D. degree while in service shall be entitled to 3 non-compounded increments if such Ph.D. is in a relevant discipline of the discipline of employment and has been awarded by a University complying with the process prescribed by the UGC for enrolment, course work, evaluation, etc.

(ii) However, teachers in service who have already been awarded Ph.D. by the time of coming into force of these Regulations or having been enrolled for Ph.D. have already undergone course-work as well as evaluation, if any, and only Notification in regard to the award of Ph.D. is awaited, shall also be entitled to the award of 3 non-compounded increments, even if the university awarding such Ph.D. has not yet been notified by the UGC as having complied with the process prescribed by the Commission.

9.5. In respect of every other case, a teacher who is already enrolled for Ph.D. shall avail the benefit of 3 non compounded increments only if the university awarding the Ph.D. has been notified by the UGC to have complied with the process prescribed by the Commission for the award of Ph.D. in respect of either course-work or evaluation or both, as the case may be.

9.6. Teachers in service who have not yet enrolled for Ph.D. shall therefore, derive the benefit of 3 non compounded
increments on award of Ph.D., while in service only if such enrolment is with a university which complies with the entire process including that of enrolment as prescribed by the UGC.

9.7. Teachers who acquire M.Phil. Degree or a post-graduate degree in a professional course recognised by the
relevant Statutory Body / Council, while in service, shall be entitled to one advance increment.

K Rajasekharan (Expert) 28 August 2018
Let me try for an quick answer on this query, in order to take this matter further.
It seems the clause 9.5 refers to the serving teachers who have enrolled (during their tenure as teachers) for PhD in a university which has complied with the UGC norms in regard to PhD coursework. You had joined for PhD prior to your joining as a teacher and may not be eligible for the benefit under 9.5, as this is an incentive for the teacher to continue research.

In your case the clause 9.6 is applicable. You will get 3 advance increments when you get the PhD degree.

Let me add that I am not sure of my answer here. The UGC regulations are classic examples of poor legal drafting.

Dr J C Vashista (Expert) 29 August 2018
Instead of seeking obligation of experts on the basis of limited information (inputs), that too, in bits and pieces, consult a local prudent lawyer with relevant facts.
However, I agree with the opinion and advise of experts Mr. PS Dhingra as well as Mr. K Rajasekharan from the given facts and rules on the subject,

Guest (Expert) 29 August 2018
Your case requires detailed examination with reference to your case related documents and other needed information vis a vis the UGC Regulations 2010. However, for your kind information UGC Regulations 2010 already stand superseded by a fresh set of Regulations vide notification, dated 18th July, 2018. The new regulations do not contain any such provision, as contained in 2010 Regulations.

But, still, since your case pertains to 2010 Regulations, your case falls within the purview of the 2010 Regulations and need to have a deep analysis, as you still seems not to have been awarded a PhD Degree..

P. Venu (Expert) 29 August 2018
The facts, as posted, lacks clarity.

Regarding ongoing phd non compounding increments

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