HANSRAJ SHARMA Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Hansraj Sharma with the prayer that the respondents be directed not to issue interview letter, select and appoint the respondent no.4 pursuant to the advertisement no.2/2004-05 on the post of Lecturer Jyotish (Ganit) dated 8.6.2004. The writ petition was filed prior to finalisation of selection process. Subsequently, when respondent no.4 Shri Alok Sharma was selected and appointed on the said post, the writ petition was allowed to be amended on petitioner's application to incorporate the prayer seeking quashment of his selection/appointment.

(2.) Shri R.N. Mathur, learned Senior Counsel for the petitioner has argued that the appointments were made pursuant to the advertisement dated 8.6.2004, which was although issued under the Rajasthan Sanskrit Education Subordinate Service Rules, 1978 for various posts including the post of Lecturer Jyotish (Ganit) but the very fact that respondent no.4 was appointed on the post of Lecturer subsequently and has been posted to teach the undergraduate classes at the Rajkiya Acharya Sanskrit College Manoharpur, Zila Jaipur vide appointment order dated 22.10.2005, indicates that his appointment was essentially for the post of College Lecturer. It was therefore argued that UGC Notification on Revision of Pay Scales, Minimum Qualification for Appointments of Teachers in Universities, Colleges and Other measures for the Maintenance of Standards, 1998 would be binding even for appointment of this nature. Learned senior counsel referred to the stipulation contained in para 4.4.0 thereof with regard to minimum qualification for appointment on the post of Lecturer mentioned therein and argued that according to the guidelines of UGC for appointment on the post of Lecturer, a candidate is required to have academic record with at least 55% of the marks or equivalent grade of B and in the 7 point scale with latter grades O,A,B,C,D,E & F at the Master's degree level, in the relevant subject from an Indian University, or, an equivalent degree from a foreign University. Besides fulfilling this condition a candidate should also have cleared the eligibility test, which is NET for lecturers by the UGC, CSIR or similar test accredited by the UGC. It is argued that when the petitioner represented UGC against the illegal action of the respondents, the comments of RPSC were called for and thereafter the UGC forwarded its comments to the petitioner for information vide their communication dated 28.3.2006. The RPSC in its letter dated 17.8.05 addressed to the Secretary of UGC has maintained that the post of Lecturer for which the recruitment was made did not belong to College Education, but it was a post under the Sanskrit School Education and therefore for appointment on such post, NET was not one of the essential eligibility qualifications. Learned counsel submitted that the UGC guidelines are binding even on the university and therefore even if the schedule appended to the Rajasthan Sanskrit Education Sub-ordinate Service Rules, 1978 provides that the minimum academic qualification for direct recruitment would be as laid down by the University of Rajasthan from time to time, the UGC instructions would be binding even in this case. Learned counsel argued that it is not known whether respondent no.4 does possess NET qualification. It is also not known whether he possessed 55% marks in his post graduation examination, which is one of the essential requirements for appointment.

(3.) Learned senior counsel further argued that even in the subsequent advertisement for the same post issued by the RPSC, the condition with regard to NET qualification was specifically inserted on 22.6.2006.