(1.) THIS case relates to appointment to the post of lecturer of Sociology in Government Women's College, Gardanibagh and Guljarbagh both at Patna. The Bihar Public Service Commission (B.P.S.C. for short) by this notice dated 2.8.1997 recommended the names of respondent (no.6) Manju Kumari and respondent (no.7) Kamla Kumari for appointment to the post of lecturer Sociology, alongwith others for appointment in one or other faculty. The same has been challenged by petitioner, Dr. (Mrs.) Renuka Sharma so far it relates to the aforesaid respondent nos. 6 & 7.
(2.) ACCORDING to the petitioner, the respondent nos. 6 and 7 have not cleared the eligibility test for lecturers, commonly known as National Eligibility Test (NET) or equivalent Bihar Eligibility Test (BET), by the cut -off date of making application and so they are not eligible for recommendation and appointment to the post of lecturers. On the other hand, according to the respondents, the passing of eligibility test like NET. or BET is not required for appointment as lecturers in Government Colleges, as they are not guided by the University Grant Commission (U.G.C. for short). In this case, the sole question to be determined is whether the passing of eligibility test, NET or BET, is mandatory for being eligible for appointment to the post of lecturers in Government Colleges in question or not.
(3.) THE brief fact of the case shows that B.P.S.C. came out with Advertisement no. 9/93 in the newspaper on 4.4.1993 for appointment to the post of lecturers in Sociology in Government Womens Colleges at Gardanibagh and Guljarbagh, Patna. In the said advertisement, no criteria was laid down that a person must have passed NET or BET in accordance with U.G.C. Regulation. The petitioner, who was functioning as lecturer in Sociology in Government Womens College, Gardanibagh on part time basis since 5.9.1989, she challenged the advertisement aforesaid no.9/93 before this Court in C.W.J.C. no. 4191/93 so far as reservation is concerned and prayed for grant of age relaxation and weightage for her experience and for her regularisation. No challenge was made by the petitioner in the said case relating to non -publication of eligibility criteria of passing NET. or BET. The said writ petition was allowed in part by this Court vide judgment dated 30.7.93 and reservation of posts more than 50% made vide advertisement no.9/93 was quashed. This Court while did not grant any relief for regularisation of service of the petitioner, observed to give due weightage to the experience of petitioner, as per Government instruction while considering her case for appointment. The B.P.S.C. subsequently re -published Advertisement no. 133/96 in newspaper on 4.9.96 for appointment to the post of lecturers in Sociology. This time also, no criteria was laid down in the advertisement that a person, who has passed eligibility test and has requisite qualification, is only entitled for appointment. The subsequent Advertisement no. 133/96 was not challenged by the petitioner and she applied alongwith others, including respondent nos. 6 and 7 in pursuance of the said advertisement no. 133/96. The petitioner thereafter appeared in interview before the B.P.S.C. on 12.7.96, who thereafter recommended the names of successful candidates by impugned notice dated 2.8.1997 for appointment against one other posts in Government Womens Colleges.