PADAM BAHADUR CHETTRI Vs. SECRETARY, DEPARTMENT OF PERSONNEL, ADMINISTRATIVE REFORMS AND TRAINING, GANGTOK

JUDGEMENT

(1.) By this writ petition the petitioner seeks to assail the validity of selection and consequential appointment of respondents Nos. 4 and 5 as lecturers in Nepali and respondent No. 6 as lecturer in Zoology in the Government Degree Colleges of Sikkim.

(2.) Briefly stated, the petitioner's case is that he is a "Sikkimese Candidate" within the meaning of rule 4(4) of the Sikkim, Government Establishment Rules, 1974. He possesses the degree of M.A. in Nepali Literature in First Class with 63.25% marks from the Benaras Hindu University. He has also qualified himself with the certificate of National Eligibility Test (hereinafter referred to as N.E.T.). He has a good academic record in view of the fact that he passed class XII examination with 59.6% marks and B.A. Honours in Nepali language with 57.8 marks. He came to be first appointed as a lecturer in Nepali Literature in Sikkim Government College at Tadong on part-time basis on a monthly honorarium of Rs. 2,400.00 for the period 19.2.2001 to 30.6.2001. This appointment was extended till 30.6.2003. The University Grants Commission Regulations, 1991 lay down that for appointment to the post of lecturer in a college of regular establishment, a candidate should possess inter alia good academic records with at least 55% marks in the relevant subject at Master's degree level together with the qualification of N.E.T. or the State Level Eligibility Test (S.L.E.T.). Besides the above, the candidate should have also Honours at degree level. Contrary to this, serial No. 8 of the schedule annexed to the Sikkim Government College Lecturers Recruitment Rules, 1992 (in brief the Recruitment Rules) makes departure to the stipulation of holding of Honours at degree level, by making it as a 'desirable' qualification and to an 'essential' one. The Sikkim Public Service Commission (hereinafter referred to as the P.S.C.) issued advertisement No. 6/2001 dated 22.11.2001 (Annexure-10) inviting applications from eligible candidates to fill up different posts of lecturers in the Education Department of the Government of Sikkim including four posts of lecturers in Nepali subject. In response to the advertisement, he applied for the post of lecturer in Nepali. He appeared in the interview conducted by the P.S.C. and despite his good performance in the interview he was not selected whereas respondents Nos. 4 and 5 who are otherwise ineligible have been selected. According to the petitioner, he being a " "Sikkimese candidate" is entitled to be preferred to respondents Nos. 4 and 5 who are non-Sikkimese as indicated in the advertisement (Annexure (10). Respondents Nos. 4 and 5 have no good academic records nor do they have Honours at degree level. As per the advertisement a candidate's age should be 35 years (relaxable by 5 years in respect of Sikkim Government employees) as on 1.1.2001 but those respondents had already crossed the upper age limits. After the expiry of the last date of submission of applications (31.12.2001) an addendum to the previous advertisement was issued on 10.5.2002 (Annexure-13) by the P.S.C. relaxing the age limit by 10 years and extending the time for submission of application forms to 10.6.2002. The P.S.C. is not competent to issue such addendum and it was done with a view to accommodate over-aged persons like respondents Nos. 4 and 5. In the interview no norm was evolved nor any guideline followed by the selection committee as to on what basis the merit of a candidate would be judged. The petitioner further suspects that he was not selected because one of the members of the Selection Committee (Puspa Sharma) had bias against him.

(3.) The State Government has filed counter-affidavit denying the allegations of the petitioner. It has been stated that the petitioner applied for the post of lecturer in Nepali and has no locus standi to question the validity of the selection of respondent No. 6 who was an applicant for the post of lecturer in Zoology. It has been further asserted that the recruitment process for regular appointment of lecturers in the Sikkim Government Colleges was initiated in obedience to the direction of this Court contained in the order dated 17.3.2001 passed in writ petition No. (C) No. 66 of 2000. On consideration of the pros and cons of the issue relating to recruitment of lecturers, the department submitted the following proposals.