ANIL KUMAR Vs. SATE OF BIHAR

JUDGEMENT

(1.) In the present application filed under Articles 226 and 227 of the Constitution of India the Petitioner has prayed for issuance of a writ in the nature of mandamus certiorari or any other appropriate writ, order or direction holding that the Bihar State Universities (2nd Amendment) Ordinance, 1994 and the Patna University (3rd Amendment) Ordinance, 1994, as contained in Annexure-5 and 5/1 are ultra vires. Further prayer has been made for quashing the corrigendum/advertisement, as contained in Annexure-6 so far as it provides exemption to the candidates, who had done Ph.D. or even submitted Ph.D. thesis up to 31.12.1993 or have done M.Phil up to 31.12.1992 from appearing in the Bihar Eligibility Test to be conducted by the Bihar University Service Commission (hereinafter referred to as the 'Commission'). A prayer has also been made for quashing the directions of the Commission, as contained in Annexures 7 and 7/1.

(2.) Learned Counsel appearing on behalf of the Petitioner has contended that the minimum essential qualification for appointment to the post of Lecturers in any University/Constituent College, Affiliated College was high 2nd Class Master's Degree in that subject, subject to the said candidate passing National Eligibility Test conducted by the Commission or any other equivalent examination, which was approved by the University Grants Commission. It has further been contended that the circular of the University Grants Commission laying down the minimum essential qualification, as contained in Annexure-2, cannot be altered or modified by way of letters or instructions issued by the Commission.

(3.) Another submission by the learned Counsel for the Petitioner is that the provision of appointment of lecturers being covered by Entry 66 of List 1 of 7th Schedule of Constitution of India, the State Legislature does not have power to legislate in the said field. The said entry is only subject to the provisions of the Central Act, i.e., University Grants Commission Act.