NAZMA BEGUM Vs. UNOIN OF INDIA

JUDGEMENT

(1.) Dr.Nazma Begum, the petitioner was an ex-student of Jawaharlal Nehru Rajkeeya Mahavidyalaya, Port Blair. She was appointed as a Guest Lecturer in Hindi on a temporary assignment till regular recruitment was made in favour of the private respondents Smti Sebhani Das and Ms.N.Laxmi. Dr.Nazma also applied for the post. However, she became unsuccessful. She approached the Tribunal with the plea, although she did have the requisite qualification, she was ignored and appointment was given to the private respondents who did not have the requisite qualification. The Tribunal rejected her contention and dismissed the application. Hence, this petition before us.

(2.) We heard the petition on the above mentioned dates. Ms.Shyamali Ganguly, learned counsel appearing for the petitioner contended as follows:

(3.) Elaborating her submission, Ms.Ganguly contended, Nazma applied under the Right to Information Act and obtained necessary information from the appropriate authorities that would reveal, Sebhani Das and Laxmi did not have the Ph.D qualification. They got M.Phil degree from the Hindi Prachar Sabha that did not have recognition from the University Grants Commission. Hence, the authority should have ignored such M.Phil that too, obtained through Distance Education from an unrecognised institution. According to Ms.Ganguly, the M.Phil degree, even if accepted, would not permit a regular teacher to teach at the Post Graduate level. The authority, to cover up their misdeed, gave appointment with the rider, the selected candidates would teach at the Under Graduate level only till they would obtain Ph.D or the NET clearance. In this regard, she referred to the orders of appointment appearing at pages 96 and 97 that would contain identical clause as referred to above. With regard to recognition of the M.Phil degree, Ms.Ganguly referred to the documents appearing at pages 150-161 of the petition wherein we find, the Union Public Service Commission informed her that in the selection process, the Selection Committee did not prepare any minute. The University Grants Commission informed her, Hindi Prachar Sabha was not included in the list of University Grants Commission. It was a National Importance Institute under the Ministry of Human Resource Development, New Delhi. Dakshina Bharat Hindi Prachar Sabha, Madras asserted, it was an institute of National Importance. They were duly recognised. The Distance Education Directorate duly recognised them. However, the research programmes through Distance mode were postponed at the instance of the University Grants Commission.