HIGH COURT OF JUDICATURE AT ALLAHABAD Court No.35 Civil Misc. Writ Petition No.22047 of 2004 Naveen Chandra Singh Vs. The Vice Chancellor, Banaras Hindu University, Varanasi & Ors. Hon. Sunil Ambwani, J. Hon. K. N. Pandey, J. We have heard Shri S.P. Singh, learned counsel for the petitioner. Shri K.S. Chauhan appears for the Banaras Hindu University, Varanasi. The petitioner is M.A. in Geography. He qualified National Eligibility Test (NET) conducted by the University Grants Commission, New Delhi in 2000 in Geography and was awarded M.Phil. in 2003 by Jawahar Lal Nehru University, New Delhi. By this writ petition the petitioner is challenging the eligibility criteria of shortlisting of the candidates in the selection on 6 posts of Lecturer in Geography vide Advertisement No.1/2002-03 (Code No.31), for teaching positions published by the Banaras Hindu University, Varanasi inviting applications by 20th March, 2003. The essential qualifications for the post of Lecturer prescribed in the advertisement was as follows:- Good academic record with at least 55% of the marks or an equivalent grade of B in the 7 point scale with letter grades O,A,B,C,D,E & F at the Masters degree level, in the relevant subject from an Indian University, or, an equivalent degree from a foreign University. Besides fulfilling the above qualifications, candidates should have cleared the eligibility test (NET) for lecturers conducted by the UGC, CSIR or similar Test accredited by the UGC. The note appended to the advertisement provided:- Note: NET shall remain the compulsory requirement for appointment as lecturer even for candidates having Ph.D. degree. However, the candidates who have completed M.Phil. degree by 31st December, 1993 or have submitted Ph.D. thesis in the concerned subject on or before 31st December, 2002 are exempted from appearing in the NET examination, in case, such candidates fail to obtain Ph.D. degree, they shall have to pass the NET Examination. Candidates who have cleared SLET Exam after May 2002 shall not be eligible to apply. The advertisement provided, that mere eligibility will not entitle any candidate for being called for interview. If number of applicants is large, more stringent criteria was to be applied. The University received large number of applications for appointment and thus adopted criteria of three first class in the qualifying examinations and Ph.D. for calling candidate for interview. In paras 13 and 14 of the counter affidavit of Shri S.S.L. Srivastava, Senior Assistant R.O. (Admin), Legal Cell, Banaras Hindu University, Distt. Varanasi, it is stated that the Shortlisting Committee constituted under Ordinance 11 A-3 of the Ordinance of the University laid down the criteria of having 3 first class and Ph.D. + Ph.D. upto 2002 and no third class as criteria for shortlisting of the candidate. Out of 285 applicants, 31 persons meeting the criteria were called for interview against 6 posts. So far as selections for appointment on the post of Lecturer in Geography in Mahila Mahavidyalaya, which is also a part of Banaras Hindu University, is concerned, for the post of Lecturer the shortlisting criteria was laid down as 4 first class and NET/ Ph.D. upto 2002. For the two posts of Lecturer in Geography in Mahila Mahavidyalaya 19 candidates out of 66, who had applied, were called for Mahila Mahavidyalaya. The petitioner was not called for interview for the post of Lecturer in Geography in the University. He was shortlisted for the post of Lecturer in Geography in Mahila Mahavidyalaya; he appeared in selection but did not succeed. By this writ petition the petitioner is challenging the shortlisting criteria of having three first class and Ph.D., for being called for interview for 6 posts of Lecturer in Geography in the University. Learned counsel for the petitioner submits that the petitioner has passed High School, Intermediate, B.A. and M.A., all the qualifying examinations in first class; he is NET and M.Phil. He fulfilled the eligibility criteria. The shortlisting of the candidates fixed by the University for having three first class + Ph.D. (upto 2002) in Geography, and no third class is illegal, arbitrary and irrational. Shri S.P. Singh submits that NET was wrongly excluded in shortlisting criteria. The doctoral degree of Ph.D. (upto 2002) was not the essential qualification and thus could not be taken into consideration for shortlisting. He submits that Ph.D. (upto 2002) was exempted from NET and thus the University adopted Ph.D. as the only criteria for selection. Shri S.P. Singh has relied upon the notification dated 31st July, 2002 by which the University Grants Commission (Minimum Qualification Required for Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to It) Regulations, 2000 were notified. The candidates, who had submitted Ph.D. thesis in the concerned subject upto 31st December, 1993 were exempted for NET. The exemption was later on extended for all those who had submitted their Ph.D. thesis upto 31st December, 2002. Shri S.P. Singh submits that relaxation for appearing in NET examination could not be treated as shortlisting criteria. Those, who fulfilled the minimum qualifications and had passed NET examination, were illegally excluded for shortlisting. The inclusion of Ph.D. degree for shortlisting was wholly irrational, as Ph.D. was neither the minimum qualification nor eligibility criteria. In Abhimanyu Singh & Anr. Vs. Banaras Hindu University, Varanasi & Anr., (2004) 1 UPLBEC 47 this Court in respect of same Advertisement No.1/2002-03 considered the question of rationality in the decision of shortlisting. Relying upon M.P. Public Service Commission Vs. Navneet Kumar Potdar & Ors., AIR 1995 SC 77; Union of India Vs. T. Sundaraman & Ors., AIR 1997 SC 2418; Mohammed Raizul Usman Gani & Ors. Vs. District and Sessions Judge, Nagpur, 2000 (2) SCC 606 and Government of Andhra Pradesh Vs. P. Dilip Kumar & Ors., (1993) 2 SCC 310 this Court held that the process of shortlisting does not amount to altering or substituting eligibility criteria given in the statutory rules or prospectus. In para 8 and 9 of the judgment this Court held:- 8. Process of short-listing, thus, does not amount to altering or substituting the eligibility criteria given in the statutory rules or prospectus. The Selection Committee may evolve any rational or reasonable basis, on which the list of the applicants can be short-listed. The Honble Supreme Court has approved the criteria of short-listing on the basis of long experience than the experience required under the Statute. 9. In Union of India v. T. Sundaraman and Ors., AIR 1997 SC 2418, the Honble Supreme Court held that it is always open tot he recruiting agency to screen candidates due for consideration at the threshold of process of selection by prescribing higher eligibility/ qualification so that the field of selection can be narrowed down. (But the advertisement in that case specifically provided that short-listing would be made if applications are many). In this case concerning the same selections vide the Advertisement No.1/2002-03 issued by Banaras Hindu University the essential qualification for the post is Masters degree in the concerned subject with good academic record, specially from an Indian University or equivalent degree from foreign university. The National Eligibility Test is the eligibility, prescribed by the University Grants Commission, CSIR or test accredited by UGC, for selection for the post of Lecturer in any University or any college affiliated to it. In order to overcome difficulties faced by those candidates, who had applied for Ph.D., the UGC by the notification dated 31st July, 2002 amended the Regulation 2000, providing for exemption from appearing in NET examination to all those, who had submitted Ph.D. thesis to the University in the concerned subject on or before 31st December, 2002. The NET is not an educational qualification prescribed by the statutes and ordinance of the University for appointment on the post of Lecturer. It is by way of eligibility prescribed by UGC. The essential qualification continues to be the Post Graduate degree in the concerned subject. The UGC Regulation, 1991 notified on 19th September, 1991 regarding minimum qualification for appointment of teachers in the University and colleges prescribes in Schedule-1 for Lecturer in Arts, Sciences, Social Sciences, Commerce, Education, Physical Education, Foreign Language and Law provides as follows:- (3)A Lecturer (a) Arts, Sciences, Social Sciences, Commerce, Education, Physical Education, Foreign Language and Law. Good academic record with atleast 55% marks on an equivalent grade at Masters degree level in the relevant subject from an Indian University or an equivalent degree from a foreign University. Candidates besides fulfilling the above qualifications should have cleared the eligibility test for lecturers conducted by UGC, CSIR or similar test accredited by the UGC. There is a difference between minimum qualifications, and eligibility. Whereas minimum qualifications are educational qualifications, the eligibility includes all those tests, which will make the person eligible as well as nationality, age and other conditions for employment. The NET as eligibility criteria with its exemption of those, who had submitted Ph.D. thesis upto December, 2002 for exemption, the petitioner was eligible to apply. He could not insist that only those, who had passed NET will be eligible. It was open to shortlisting committee constituted under Ordinance 11-A-3 of the Ordinance of the University to prescribe the criteria for shortlisting provided such criteria was not irrational. The Ph.D. in the concerned subject being an educational qualification even if it was not the minimum qualification could be the criteria to be adopted by the shortlisting committee. The Ph.D. as higher qualification, than post graduation could be treated by the shortlisting committee as minimum eligibility criteria for shortlisting. We do not find any irrationality in the decision taken by the shortlisting committee fixing criteria for calling candidates for interviews. If that University found that it was not practical and feasible for Selection Committee to interview all the 285 candidates for 6 posts, it could have adopted criteria for shortlisting and that in the present case shortlisting of 31 candidates to be interviewed was neither arbitrary nor irrational. We are informed by Dr. Chauhan that respondent Nos.5 to 9 were selected; they joined and are teaching since the year 2004. The writ petition is dismissed. Dt.26.04.2011 SP/
Posted on: Tue, 03 Dec 2013 12:37:26 +0000
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