RANI DURGAVATI VISHWA VIDHYALAYA Vs. LAXMAN RICHARIA

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letter Patent by the appellants against the order of the learned Single Judge in M. P. No. 2039/83 decided on 24-7-1986 allowing the writ petition of the petitioner (respondent in this appeal) by setting aside selection and appointment of appellant No. 3 as Librarian in the University and directing to consider the case of the petitioner for appointment as Librarian.

(2.) SECTION 11 of the M. P. Vishva Vidyalay Adhiniyam, 1973, declares that kuladhipati, Kulpati, the Rector, the Deans of the Faculties, the Registrar, the Dean of students Welfare and such other officers in the service of the University as may be declared by the Statutes to be officers, shall be the Officers of the University. The registrar shall be a whole time salaried officer of the University and shall act as the secretary of the Executive Council, Academic Council and the Academic Planning and Evaluation Board. Under Section 18 the appointment of officers other than kulpati and Registrar shall be made in such manner and the conditions of their service and powers and duties shall be such as may be prescribed by the Statutes, Ordinances and Regulations. Under Clause 4 of Statute No. 20 the Executive Council is authorised to prescribe the qualifications which a candidate should possess for being eligible to hold any of office mentioned in para 1 of the Statute. The prescribed qualifications shall be given due publicity and the Selection Committee shall select the candidates with due regard to the qualifications prescribed. Under clause 1 of Statute No. 20, post of Librarian amongst others was declared to be an officer of the University. The post was advertised on 27-9-1982 as follows :-University of Jabalpur no. Estt. /82/1115 Jabalpur, dated 27th Sept 1982 advertisement applications on plain paper from candidates in their own handwriting are invited for a post of Librarian of this University carrying the pay scale of Rs. 700-50-1250 (N. P.) (likely to be revised) and other allowances as are admissible to the University employees. Essential qualifications : At least II Class Master's degree with B. Lib. in library/information Science or any other equivalent degree or Certificate issued by any organisation which is approved by Govt. of India like INSDOC or at least II class Bachelor's degree with Master's degree in Library/information science or any other equivalent which is approved by Govt. of India, like insdoc etc. Desirable:

(3.) THE respondent challenged the appointment of the appellant No. 3 as librarian by filing writ petition M. P. No. 2039/83 on the following grounds : (i) The appellant NO. 3 did not possess the requisite qualifications as laid down in the advertisement, that is to say, 10 years experience of library work in University or sufficiently large library. (ii) The appellant No. 3 being in the services of Rajendra prasad Agricultural University, Patna, it was necessary for him to submit his application through proper channel as per advertisement but he directly applied for the post (iii)The advertisement specifically mentioned that the applications must reach the university office latest by 30th October 1982 but the application of the appelant 3 was received on 2-11-1982 and, as such, his application could not have been considered, and (iv) the respondent fulfilled all the qualifications for the post and was better qualified than the appellant No. 3, and, in fact, he should have been given the appointment. The petition was opposed by the University and the appellant No. 3 by filing separate returns. According to them, the appellant No. 3 was fully qualified and he had the requisite experience of 10 years as librarian in a sufficiently large library, the application of the appellant No. 3 was despatched by registered post on 26-10-1982and, therefore, it was deemed to have received before 30th October 1982 and accordingly his application for appointment was considered Moreover, it was open to the University to relax the last date for submission of the applications for appointment. What was necessary was that there should be sufficient notice to all candidates who wish to compete and apply. Regarding forwarding of the applications through proper channel, the condition was imposed so that there may not be any difficulty in getting the selected candidate relieved by the parent department on his appointment. The appellant No. 3 held Ist class Master's degree in Library Science and he had worked as Librarian Grade ii in Delhi Public Library from 1966 to 1980 and thereafter he was Assistant Librarian in. Rajendra Prasad Agricultural University, Patna, and posted in Bihar Veterinary college as a Campus Librarian. The Selection Committee found that the appellant No. 3 is much above in merit and experience over the respondent and so he was placed at no. 1 and respondent at No. 2.