SUPREME COURT OF INDIA
N.P.Singh : P.B.Sawant
Rekha Chaturvedi
Versus
University Of Rajasthan
Case No. : 6324 of 1992
Date of Decision : 1/13/93
Advocates Appeared: Battacharya S.K. : Jain S.K. : Kohli Lalita : Swarup Manoj
Challenged the appointment of six respondents - Regard to the need for developing inter-disciplinary programmed - Doctorate degree or give evidence of research - Challenge is finally disposed - Provided further that if a candidate possessing a Doctorate degree or equivalent research work is not available or is not considered suitable, a person possessing a good academic record being given to equivalent degree or research work of quality) may be appointed provided he has done research work for at least two years or has practical experience in a research laboratory/organization, on condition that he will have to obtain a Doctorate degree or give evidence of research of high standard within eight years of his appointment, failing which he will not be able to earn future increments until he fulfils these requirements – Held, Candidates selected must be qualified as on the last date for making applications for the posts in question or on the date to be specifically mentioned in the advertisement/notification for the purpose - Qualifications acquired by the candidates after the said date should not be taken into consideration, as that would be arbitrary and result in discrimination - It must be remembered that when the advertisement/notification represents that the candidates must have the qualifications in question, with reference to the last date for making the applications or with reference to the specific date mentioned for the purpose those who do not have such qualifications do not apply for the posts even though they are likely to acquire such qualifications and do acquire them after said date - In circumstances many who would otherwise be entitled to be considered and may even be better than those who apply, can have a legitimate grievance since they are left out of consideration - When the University or its Selection Committee relaxes the minimum required qualifications, unless it is specifically stated in advertisement/notification both that the qualifications will be relaxed and also the conditions on which they will be relaxed, the relaxation will be illegal - University/Selection Committee must mention in its proceedings of selection reasons for making relaxations if any, in respect of each of the candidates in whose relaxation is made minutes of the meetings of the Selection Committee should be preserved for a sufficiently long time, and if selection process is challenged until challenge is finally disposed of - An adverse inference is liable to be drawn if minutes are destroyed or a plea is taken that they are not available - petition is dismissed
(1) BY this petition, the petitioner has challenged the appointment of six respondents from General Category as Assistant Professors (Lecturers) in the Department of History in the University of Rajasthan.
(2) THE University invited applications by its advertisement dated 12/10/1983 for appointment to 10 posts of Assistant Professors (Lecturers). The last date for submitting applications was 14/11/1983. Out of 112 applications received, the Scrutiny Committee of the University on 25/04/1984 recommended 106 candidates for being interviewed, the remaining six being found ineligible for the posts. Out of the 106 candidates so recommended, only 65 candidates appeared for interview, out of which the Scrutiny Committee selected 8 candidates who are respondents 5 to 12 before us. Out of the 8, two were earmarked for the reserved posts. We are not concerned with the selection of the said two candidates under the reserved category. The Scrutiny Committee also placed five other candidates including the present petitioner on the waiting list
(3) THE minimum qualifications for appointment to the post of Assistant Professor (Lecturer) as laid down by Ordinance 141-B of the Handbook of the University of Rajasthan, Part II, Volume I are as follows:
"141-B. The following shall be the minimum qualifications for University teachers in the Faculties of Arts, Fine Arts, Social Sciences, Commerce and Science:
A. Minimum qualifications for Lecturers/Research Associates in the Faculties of Arts, Social Sciences, Science and Commerce: (Except in the subjects of English, Modern European Languages, Physical Education, Health Education & Sports Journalism and Home Science)
(A) A Doctorate degree or research work of an equally high standard; and (b) good academic record with at least a second class (C in the seven point scale) Masters degree in a relevant subject from an Indian University or an equivalent degree from a foreign University.
HAVING regard to the need for developing inter-disciplinary programmes, the degree in (a) and (b) above may be in relevant subjects:
PROVIDED that if the Selection Committee is of the view that the research work of a candidate as evident either from his thesis or from his published work is of a very high standard, it may relax any of the qualifications prescribed in (b) above:
Provided further that if a candidate possessing a Doctorate degree or equivalent research work is not available or is not considered suitable, a person possessing a good academic record (weightage being given to M. Phil. or equivalent degree or research work of quality) may be appointed provided he has done research work for at least two years or has practical experience in a research laboratory/organisation, on the condition that he will have to obtain a Doctorate degree or give evidence of research of high standard within eight years of his appointment, failing which he will not be able to earn future increments until he fulfils these requirements."
Although these were the qualifications required by the University Ordinance, the advertisement inviting applications stated the following qualifications as necessary for being eligible to the posts:
"ASSISTANT Professors (Lecturers): (Except in the subject of Drawing & Painting and Dramatics, Education, Management Studies and English) (a) A Doctorates degree or research work of an equally high standard and (b) good academic record with at least second class (C in the seven point scale) Masters degree in a relevant subject from an Indian University or/equivalent degree from a foreign University. Having regard to the need for developing the interdisciplinary programmes, the degrees in (a) and (b) above, may be in relevant subjects:
PROVIDED that if the Selection Committee is of the view that the research work of a candidate as evident either from his thesis or from his published work is of very high standard, it may relax any of the qualifications prescri
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