SHAMSHER SINGH TAYAGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Dr.Shamsher Singh Tayagi has filed the present writ petition aggrieved against the memo dated 20.2.1987 issued by the Kurukshetra University, Kurukshetra (hereinafter to be referred as, `the University') vide which approval for his appointment as a College Lecturer has been declined. The facts leading to the filing of this writ petition are as hereunder:- Petitioner has passed his Matriculation with 39% marks. Thereafter he passed his Bachelor of Arts examination with 44.5% marks. He then passed his Masters in Arts examination with 50% marks. He thereafter acquired the qualification of Ph.D. in the year 1986.

(2.) Petitioner was appointed as a part-time Lecturer in Mukand Lal National College, Yamunanagar (hereinafter to be referred as, `the College') on 11.8.1983. He continued teaching on part-time/temporary basis. He claims that an interview was held on 17.11.1986 for appointment to the post of Lecturer in the College. The petitioner also appeared before the duly constituted selection committee and was placed at serial No.1 in the panel of three teachers. His case was sent to the University for approval of his appointment. However, the University vide its memo dated 20.2.1987, attached as Annexure P-1 with the writ petition, declined the approval. The petitioner claims to have made representations thereafter. Not having succeeded in getting any relief from the University he has approached this Court by way of the present writ petition seeking the quashing of order declining approval to his appointment with a further prayer for the issuance of a direction to the University to approve his appointment as a Lecturer in the College.

(3.) The claim set up by the petitioner in the writ petition is that the University Grants Commission, New Delhi (hereinafter to be referred as, `the UGC') has prescribed qualifications for appointment as College Lecturer in the Bulletin of Higher Education issued by it. The petitioner states that he fulfills these qualifications. Though the qualifications are reproduced in para 9, however, at the time of hearing Mr.S.P.Jain, learned Senior Counsel appearing for the petitioner produced and relied upon a notification dated 13.6.1983 issued under Section 26(1)(e) read with Section 14 of the University Grants Commission Act, 1956 (hereinafter to be referred as, `the Act') titled as "the University Grants Commission (Qualifications required of a person to be appointed to the teaching staff of a university or other institutions affiliated to it) Regulations, 1982" (hereinafter to be referred as, `the Regulations'). As per Regulation 2, it is stated that no person shall be appointed to a teaching post in a University or in any of the institutions including constituent or affiliated colleges recognized under clause (f) of Section 2 of the Act if he does not fulfill the requirement as to qualifications for the appropriate subject as provided in Schedule I to X of these Regulations. Schedule II deals with the qualifications prescribed for appointment to the post of College Lecturer. Its heading is important and is as hereunder:- "Minimum qualifications prescribed for appointment to the post of Lecturers."