MEERA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The relevant facts stated in the writ petition are that Higher Education Service Commission by its advertisement No. 26/98 dated 15.8.1998 advertised twenty two posts of Lecturer in Commerce mentioning that all applicants should possess the qualification as prescribed by the University Grants Commission and as per the qualification as prescribed by the State Universities Act. 1973 and the Statutes and Ordinances framed thereunder. Regulation 3 of the U. P. Higher Education Service Commission (Procedure for Selection of Teachers) Regulations, 1983, provides that the minimum qualifications for appointment as a teacher shall be as given in the Statute, referred to in Section 50 of the U. P. State Universities Act. 1973 (hereinafter referred to as said Act).

(2.) University Grants Commission by its notification dated 5.10.1991 framed Regulations laying down minimum qualifications for the post of Lecturer in various Universities and their affiliated colleges. According to the said notification, the minimum requisite academic qualifications for the post of Lecturer is good academic record with atleast 55% marks at the Master's Degree level in the relevant subject from an Indian University or equivalent degree from a foreign University. However, in the said notification, the expression "good academic record" was not defined.

(3.) When the petitioner approached the Commission for making application against the said advertisement, along with application form a Brochure had also been issued wherein instructions and minimum requisite qualifications were mentioned. Item No. 4 of the said Brochure laid down the minimum requisite qualification for the post of Lecturer as 55% marks at the Post Graduate level along with good academic record. The expression "good academic record" was defined in para 4 (5) of the said Brochure as 55% marks at the graduation level along with IInd division Intermediate degree or 50% marks separately at the graduation and Intermediate level. Thus, the Commission was requiring some thing more than what was required by the University Grants Commission.