HANS RAJ Vs. BHIM RAO AMBEDKAR COLLEGE

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, the petitioner who was appointed as a Lecturer (Hindi) in terms of the minutes of the Selection Committee dated 28.5.1995 of the respondent no.1 -college/Bhim Rao Ambedkar College, impugns the action of the respondent no.1/college vide its letter dated 8.2.1997 in terminating the appointment of the petitioner. Appointment of the petitioner was terminated inasmuch as petitioner did not meet the eligibility criteria of 55% marks at the Master's Degree level and no relaxation to the petitioner as an SC candidate was granted.

(2.) IT is not in dispute that the petitioner was in fact appointed in terms of the minutes of the meeting of the Selection Committee of the respondent no.1/college on 28.5.1995 as an SC candidate. It subsequently transpired that when the Selection Committee met on 28.5.1995 it had to consider the applicable statutory regulations being UGC Regulations, 1991 regarding Minimum Qualifications for Appointment of Teachers in Universities and Colleges (hereinafter referred to as 'the 1991 Regulations') and as per Clause 2 of these regulations, a person who is appointed to a teaching post in a college must fulfill the requirements as to qualifications for the appropriate subjects specified in Schedule I. Clause (3) A of Schedule I requires that the minimum qualifications for the post of a Lecturer were that the candidate must have a good academic record with at least 55% marks at the Master's Degree level. Under the proviso to Clause 2 of the 1991 Regulations, relaxation could be granted in the qualifications with the prior approval of the University Grants Commission (UGC).

(3.) THE issue in the present case is that whether there is any prior or post facto approval of the UGC, and, even if there is no prior or post approval of the UGC whether the UGC was justified in refusing to grant relaxation of 5% marks to the petitioner and so conveyed to the petitioner by the UGC vide UGC's letter dated 13.1.1997. This letter of UGC dated 13.1.1997 reads as under: - <FRM>JUDGEMENT_487_LAWS(DLH)3_2015.htm</FRM>