Synopsis

Assistant professors appointed by delhi university were placed at agp 7000/8000 after a full selection process. years later, ugc objected, stating that such placement was contrary to ugc regulations, 2010. du retrospectively refixed their agp to 6000 and initiated recovery. the high court quashed the refixation and recovery, holding that (i) the ugc regulations did not expressly prohibit placement at higher agp for direct recruits; (ii) the petitioners were not heard before the retrospective change; (iii) the refixation was a substantive alteration of service conditions, not a clerical error; (iv) recovery was impermissible under rafiq masih as the petitioners made no misrepresentation.

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice Sanjeev Narula (Single Judge)

Date of Decision: 12th May 2026

Citation: W.P.(C) 2780/2013 & W.P.(C) 792/2018 (2026:DHC:4393)

Core Law: Service Law – Academic Grade Pay (AGP) fixation, retrospective alteration of service conditions, recovery of excess payment; Constitutional Law – Articles 14, 16 (natural justice, legitimate expectation); UGC Regulations, 2010.

1. Heading of the judgment

High court of delhi at new delhi

W.p.(c) 2780/2013 & w.p.(c) 792/2018

Kaustuv datta & ors. (petitioners) vs. University of delhi & ors. (respondents)

Coram: hon’ble mr. justice sanjeev narula

Date: 12th may, 2026

2. Legal framework

Major laws and provisions involved:

• University of delhi act, 1922 – sections 18, 30; statutes and ordinances

• ugc regulations, 2010 – regulation 3.1.0, schedule to clause 6.8.0

• Constitution of india, 1950 – articles 14, 16 (natural justice, equality)

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