LAWS(MPH)-2020-2-109

SAMTA JAIN Vs. M.P. PUBLIC SERVICE COMMISSION

Decided On February 25, 2020
Samta Jain Appellant
V/S
M.P. Public Service Commission Respondents

JUDGEMENT

(1.) Petitioner has filed the present writ petition being aggrieved by order dated 03.02.2011, contained in Annexure P/4, with a prayer for issuance of writ of mandamus directing the respondents to permit her to appear in the interview and she be given appointment on the post of Professor Economics. Vide impugned order dated 03.02.2011, application filed by the petitioner for her appointment as Professor Economics was rejected.

(2.) In brief, the case of petitioner is that she has obtained Doctorate of Philosophy on 19.01.2000 and she passed National Eligibility Test conducted by UGC in the year 1999. M.P. Public Service Commission issued an advertisement on 19.01.2009 for appointment on the post of Professors in 23 subjects. Petitioner applied for the post of Professor in Economics subject. The last date for submission of application form was 20.02.2009. The eligibility, which was required for the post of Professor was Ph.D. in relevant subject with 10 years' experience of teaching to graduate and post graduate classes. Petitioner received a letter contained in Annexure P/4 dated 03.02.2011 that she is not having experience as advertised, therefore, her application was rejected. Thereafter, petitioner applied under R.T.I. and she was given information that she had teaching experience of Mata Gujri Women College, Jabalpur and said college is not included in Government Aided Institutions. As per the guidelines issued by the Department of Higher Education, experience of Government College or College receiving grant in aid from State or University can be counted for experience. Petitioner being aggrieved by rejection of her application form has filed the present writ petition.

(3.) Respondent No.1/M.P.P.S.C. filed its reply and stated that as per guidelines of Higher Education Department, experience of only Government Colleges, Government Aided Colleges and University teaching department has been recognized. Petitioner was not having 10 years' experience from aforesaid institutions, therefore, her experience was not counted and her application was rejected. State Government vide its communication dated 27.10.2009 has clearly stated that teaching experience of only those candidates will be counted, who had worked in Government Colleges or in Government Aided Colleges. Copy of the communication dated 27.10.2009 has been filed as Annexure R/1.