KAMLESH MISHRA Vs. GURU GHASI DAS VISHWAIDYALAYA

JUDGEMENT

(1.) THE present petition seeks for quashing of the appointment order of the Respondent No. 3 and further direction against the Respondent No. 1 to appoint the petitioner as per the advertisement dated 15th May, 1986 (Annexure P/5).

(2.) ACCORDING to the petitioner, the petitioner along with the Respondent No. 3 and others applied for appointment to the post of Lecturer in Political Science in the Respondent No. 1 University, pursuant to the advertisement dated 15the May, 1986 (Annexure P/5). The Respondent No. 3 was selected for appointment without having the requisite qualification as prescribed in the said advertisement dated 15th May, 1986. It was further stated by the petitioner that the petitioner was having Ph.D. degree in Political Science and the Respondent No. 3 did not have any degree of the said standard. It was further stated that the petitioner was much superior in merit and was also having teaching experience, therefore, the appointment of the Respondent No. 3 was illegal, irregular and cuscriminatory. The petitioner contended for quashing of the order of appointment ] passed in favour of the Respondent No. 3.

(3.) LEARNED counsel for the Respondent No. 3 has cited the advertisements (Annexure R-3/26) of various Universities namely North Eastern Hill University, Shilon, Jawaharlal Nehru University, New Delhi, Manipur University Canchipur, Imphal etc. for appointment to the post of Lecturer/Assistant Professor. All the Universities adopted the essential qualification prescribed by the University Grants Commission for appointment to the post of Lecturer. As per the University Grants Commission, the essential qualification for appointment of 'Lecturer' is "Consistently good academic record with at least 55% marks and Master's degree in the relevant subject or its equivalent grade and the preference would be given to the candidates who are M.Phil/Ph.D." It is therefore established that the minimum qualification was good academic record with at least 55% marks in the master's degree in the relevant subject or its equivalent grade. The research degree like M.Phil/Ph.D. was desirable qualification for the purpose of giving appointments. Guru Ghashi Das University revised Ordinance also prescribes for qualification, which reads as under :-