ALIVA MOHANTY Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) THIS writ application has been filed by the Petitioner with a prayer to direct the opposite parties to issue call letter to her for the interview to be held on 08.09.2010 for the post of Lecturer in Women's Studies, pursuant to the advertisement dated 30.4.2010 in Annexure -2 or alternatively to quash the advertisement dated 30.4.2010 and to issue a fresh advertisement in terms of the University Grants Commissions (Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010, hereinafter referred as the "UGC Regulations, 2010".

(2.) THE brief facts leading to the writ application tend to reveal as follows: The Petitioner completed her H.S.C. Examination in the year 1982 with 1st division securing 67% marks. She also completed I.A. with 1st division securing 67 % marks and graduation in arts with 2nd Class Hons securing 59% marks. Thereafter she completed her Post Graduation in Economics from Utkal University in 2nd Class securing 58% marks. After completing P.G. in Economics in the year 2001, she started prosecuting her Ph. D degree in "A study on Socio Economic and Demographic Status of Women in Orissa" and completed the same in the same year 2001 and accordingly the Petitioner was awarded with the Ph. D. Degree in 2001. Thereafter, she did her M.A. in Women's Studies from Allagappa University, Tamilnadu in the year 2004 and subsequent thereto, she completed M. Phill in Women's Studies from Mother Teresa Women's University, Kodaikanal. During the period from January, 2004 to May, 2005 she was engaged as Deputy Course Coordinator for M.A. in Women's Studies by Utkal University, Bhubaneswar. She was also appointed as Examiner and Question Setter in Women's Studies and also a Member of Steering Committee of School of Women's Studies, Utkal University. The Petitioner was also the Examiner and Question Setter for M. Phil in Women's Studies, Revenshaw University, Cuttack and was also invited as subject expert by Berhampur University for conducting research and projects. She was permitted to act as Research Guide of the University and allowed to take 8 scholars at the maximum and presently three students are doing research work under her guidance. In the year 2005, Utkal University decided to engage two number of Adjunct Lecturers in the School of Women's Studies and accordingly an advertisement was published in the local newspaper on 18.11.2005 fixing certain eligibility criteria like minimum 55 % marks in P.G. in Women's Studies and preference will be given to those having Ph.D. or M. Phil Degree relating to Women's issues and the candidate should have P.G. Teaching experience in Women's Studies and should have publication of papers in national and international journals. The Petitioner responded to the said advertisement and ultimately she stood first in the selection list and was engaged on contractual basis as Adjunct Lecturer in the School of Women's Studies for a period of one year from the date of joining and is also continuing as such in the said post till date as extensions have been granted to her from time to time. In the meantime, the Petitioner had published six papers in the national journals and two papers in the international journals to her credit. Apart from this, her book titled "Development of Rural Women" was published by the Yash Publication, New Delhi. While the Petitioner was so continuing, Utkal University made an advertisement on 30.4.2010 under Annexure -2 inviting applications in prescribed form from eligible candidates for engagement in teaching positions in various Departments of the University including one post of Lecturer in the Department of Women's Studies. The advertisement stipulates that the said positions are on contractual basis and co -terminus with the date 31.3.2012 or upto the funding from the UGC, whichever is earlier, and the positions are purely temporary in nature and can be terminated at any time by the University authorities without assign any reason thereof. The qualifications for the said positions will be as per the UGC norms and the Selection Committee for the posts will be constituted as per the decision of the Syndicate dated 15.2.2010. The last date for submission of application form was fixed to 31.5.2010. According to the Petitioner, the UGC Regulations, 2010 is applicable to every University established or incorporated by or under a Central Act, Provincial Act or a State Act. Clause 3.0.0 of the UGC Regulations, 2010, deals with the recruitment and qualifications of the vacancies. The relevant clauses of Clause -3.0.0 i.e. Clauses 3.1.0, 3.2.0, 3.3.0 and 3.3.1 are quoted thus:

(3.) ON 6.9.2010, while issuing notice, this Court in Misc. Case No. 14196 of 2010 allowed the Petitioner to participate in the interview, which was going to be held on 8th September, 2010 for the post of Lecturer in Women's Studies, but directed that the result of the interview for the said post should not be declared without leave of this Court. Said interim order is continuing.