(1.) IN this batch of 11 writ petitions which have been heard together the petitioners have challenged the validity of the recruitment process leading to the appointment of 1378 Lecturers in different constituent colleges in the State of Bihar.
(2.) WHILE admitting the writ petitions by common order on 21.3.97 this Court directed that CWJC Nos. 11958 and 12382. of 1996 shall be treated as the representative cases. Observing that the appointees are entitled to opportunity of hearing, they were directed to be added as respondents in those two cases and in view of their number, a general notice in two newspapers was ordered to be published at the cost of the petitioners in lieu of individual notices by ordinary process which would have been very time consuming. Out of 1378 appointees, we were told, 973 have appeared and filed their counter affidavits. No grievance has been made as to the service of notice, or the mode thereof, from any quarter. Affidavits - in -opposition etc. have been filed in CWJC Nos. 11958. and 12382 of 1996 alone. However, as the leading argument was made with reference to CWJC No. 12382. of 1996 I shall aver to the facts of the case and the documents as described in that case except as indicated otherwise in this judgment.
(3.) ON 23.11.93 the Commission invited applications, vide Advt. No.1/BUSC/93, for appointment of Lecturers in different subjects in different universities from candidates possessing "Master 'sDegree in the relevant subject with at least 55% marks or its equivalent grade (B+) and uniformly good academic records". M.Phil and Ph.D Degree in the relevant subject was to be treated as an additional qualification; however, the minimum qualification of Master 'sDegree with at feast 55% marks and uniformly good academic records Was not to be relaxed even in respect of such candidates, that is, candidates who had egrees like M.Phil/Ph.D. The advertisement came in under challenge in writ petitions at the instance of Bhagalpur University Research Scholars Association and UGG/CSIR(NET qualified) Fellows Association. By judgment and order dated 3.3.94, reported in 1994(2) PLJR 168, a Division Bench of this Court allowed the writ petitions with a direction to the Commission to consider the applications of only such candidates who had passed the NET examination in terms of the Regulations framed by the UGC. It was held that in terms of the provisions of the University Grants Commission Act, 1957 it is the UGC alone which can lay down the standard of education in Higher Education in the country and for that purpose lay down the qualification for appointment of the lecturers. The State Acts, namely, the BU/PU Acts and the Bihar Inter University Board Act were held to be subject to UGC Act. The said judgment dated 3.3.94 was, later modified by order dated 27.4.94 in Civil Review Nos. 77 and 78 of 1994 at the instance of the Commission, to the extent that the Commission could also consider the candidature of such persons who were otherwise eligible to be considered in terms of the Regulations framed by the UGC, that is to say, candidates who possessed qualifications other than the NET pass as mentioned in the Regulations.
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