KAMLESH KUMAR MISHRA Vs. GURU GHASI DAS VISHWAVIDYALAYA

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). 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 15th 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 discriminatory. THE petitioner contended for quashing of the order of appointment passed in favour of the Respondent No.3.

(2.) SHRI Rajendra Tiwari, learned Senior counsel with SHRI Amit Verma, learned counsel appearing for the Respondent No.3 stated that the relevant advertisement was not dated 15th May, 1986 but dated 08.02.1988 (Annexure R-3/1), pursuant to which, applications were made and the Respondent No.3 was appointed by the selection committee after following proper selection process. According to the learned counsel for the Respondent No.3, the introduction of new revised pay scale on the basis of the Mehrotra Committee, which was accepted by the Govt. of India and all the State Governments, including the State of Chhattisgarh and the respondent University, the minimum qualification for appointment to the post of Lecturer in the pay scale of Rs. 2200-4000 was master's degree in the relevant subject with at least 55% marks and equivalent and good academic record. In the present case neither the petitioner nor the Respondent No.3 had doctorate degree at the time of making application for appointment to the post of Lecturer in Political Science. The last date for making applications was 07.03.1988 and the petitioner obtained Ph.D. degree on 28.06.1988 and the Respondent No.3 obtained M.Phil degree on 22.09.1988. Learned counsel for the Respondent No.3 has cited the advertisements (Annexure R-3/26) of various Universities namely North Eastern Hill University, Shilong, 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 :-

(3.) SHRI Ashish SHRIvastava, learned counsel appearing for the Respondents No.1 and 2 adopted the submissions made by learned counsel for the Respondent No.3 I have heard learned counsel for the parties and perused the records appended to the pleadings. The petitioner along with Respondent No.3 and other eligible candidates had applied pursuant to the advertisement dated 08.02.1988 (Annexure R/1), not the advertisement dated 15.05.1986 (Annexure P/5) as stated by the petitioner. The essential qualification prescribed in the advertisement dated 08.02.1988 is as under: Qualification :