IMPORTANT POINT
There cannot be different selection process for general and reserved category candidates.

JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeals is to orders passed by the High Court of Himachal Pradesh, Shimla on June 24, 2015 and July 30, 2015 whereby, the Himachal Pradesh University (for short, ‘University’) was directed to add five marks on the parameter of “publications” in favour of the respondent No. 3 (hereinafter referred to as ‘writ petitioner’) in respect of appointment to the post of Assistant Professor in the Department of Education in the International Centre for Distance Education and Open Learning, Shimla.

2. Initially, an advertisement No. 3 of 2010 was published inviting applications for seven posts of Assistant Professor viz. four posts under Unreserved category, one post under Other Backward Classes (for short, ‘OBC’) category, one post under Scheduled Castes category and one post in Scheduled Tribes category. The appellant and the writ petitioner were the applicants for such posts. However, none of the candidates were appointed to such posts. Thereafter, another advertisement No. 3 of 2011 was published. This time, advertisement was published for the post of Assistant Professor inviting applications for six posts under Unreserved category, one post under OBC category, one post under Scheduled Castes category and one post under Scheduled Tribes category. One of the conditions in the advertisement was that the candidates who have applied earlier as per revised UGC guidelines and also with reference to previous advertisements need not to apply again. However, they may send additional information, if any.

3. The appellant and the writ petitioner did not apply again nor said to have furnished any additional information. In such selection process, the appellant was recommended by the Expert Committee for appointment against the post meant for OBC category, having obtained 60.83 marks.

4. Such appointment was challenged by the writ petitioner, interalia, on the ground that he has not been given any credit of “publications” whereas, for such “publications”, he has been given credit when he was considered in pursuance of the post applied in response to advertisement No. 3 of 2010. The High Court accepted the claim of the writ petitioner with the following directions:

“The writ petition is accepted and respondents No. 1 and 2 are directed to add to the score-sheet of the petitioner five marks on the parameter of “publications”. In case the petitioner then is ranked first, then subject to completion of all necessary formalities the respondent concerned shall proceed to in accordance with law appoint him to the post of Assistant Professor, Education.”

5. The appellant filed review petition which came to be summarily dismissed on July 30, 2015. Still aggrieved, the appellant filed the present appeal.

6. The argument of the appellant is two-fold. First, it is for the experts to assess the marks for “publications”. Since the writ petitioner has not sent any “publications” along with his application form, therefore, he has not been granted any marks under the heading “publications”. It is also argued that decision of the experts as to how much marks should be awarded cannot be interfered with by the High Court, while exercising the power of judicial review under Article 226 of the Constitution of India. Even if, the Court finds that certain marks under heading “publications” have not been granted, the only course of action open to the Court is to remit the matter to the experts to examine the grant of marks under the heading “publications”, if any. The reliance is placed upon judgment of this Court in University Grants Commission & Anr. v. Neha Anil Bobde (Gadekar), (2013) 10 SCC 519 wherein this Court held as under:

“31. We are of the view that, in academic matters, unless there is a clear violation of statutory provisions, the regulations or the notification issued, the courts shall keep their hands