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Andhra Pradesh High Court
Judges : D.REDDAPPA REDDY, K.B.SIDDAPPA
P.ANURADHA REDDY - Appellant
Versus
P.Kalpana Teacher, Central School, GOLCONDA, HYDERABAD - Respondent
Decided On : 04-30-98
UGC Regulations, 1991 - Sections 2,2(f),3,12a(2)(d),12-A,14 - University Grants Commission Regulations, 1982 - University Grants Commission Regulations, 1991 - Posts of B. Ed, Lecturers - Advertisement - Unit Officer was instructed to issue them -orders of appointment - At that stage applicant coming to know that she was not selected filed before A. P. Administrative Tribunal for a declaration that awarding of marks to candidates who have passed net or SLET is arbitrary illegal and contrary to Regulation - She has not chosen to implead selected candidates as parties to application stating that their adresses were not known - Commission filed a detailed counter - Affidavit justifying selection made by it - However Tribunal accepted plea of applicant and allowed her application - Whether passing of NET or SLET can be regarded as academic qualification for purpose of awarding weightage marks ear-marked under Cl - Commission by its advertisement invited applications for posts of Lecturers in Education as well as other disciplines - In cases on hand we are concerned with recruitment to posts of lecturers in Education only - For said posts advertisement prescribed following qualifications " First or Second Class P. G. Degree in concerned subject or subjects - High Second Class in M. Ed. with and above - Qualified in NET/slet in Education - Any candidate possessing M. Phil/ph. Dalso eligible for above posts - Disables: M. Phil/ph. D. , in Education - " Government also prescribed written test as well as oral interview as contemplated under A. P. College Service Commission Regulations 1987 approved by Government of Andhra Pradesh in Education Department Regulation thereof prescribes manner of selection as under"manner OF SELECTION TO VARIOUS POSTS - Held, Court are unable to agree with above reasoning - Reasons are obvious - NET or SLET are not by any outside agency - As already noted net is by UGC and SLET by Commission - Both of them are expert bodies in field of education - There is and there can be no reason whatsoever to doubt their capacity to prescribe necessary syllabus to test ability of those who aspire to become College Lecturers - Court also consider it appropriate to refer to following note of cautionstuck by Supreme Court in University of Mysore for tribunals or Courts while deciding matters like present one - Boards of appointments are nomina ted by Universities and when recommendations made by them and appointments following on them are challenged before Courts normally Courts should be slow to interfere with opinions expressed by experts - There is no allegation about malafides against experts who constituted present board and so Court think it would normally be wise and safe for courts to leave decisions of academic matters to experts who are more familiar with problems they face than Courts generally can be - Writ Petitions Allowed
( 1 ) THESE three writ petitions have been directed against the order dt. 6-2-1988 of the A. P Administrative Tribunal in OA No. 8037/97, setting aside the selections madeby the A. P. College Service Commission, Hyderabad (for short the Commission ) to the posts of B. Ed, Lecturers pursuant to advertisement no. 5/97dt 14-7-1997 atthe instance of the first respondent, viz. ,smt. Kalpana (the applicant in OA No. 8037/97 hereinafter referred to as the applicant) and directing the Commission to Consider her case for appointment to the post of Lecturer (B. Ed. ,) in case she comes up for selection according to merit and if she is otherwise eligible and qualified for appointment. W. P. Nos. 5039 and 6298 of 1998 have been filed by the selected candidates with the leave of this court as they have not been impleaded as respondents in OA No. 8037/97 and W. P. No. 5706/98 has been filed by the Commission.
( 2 ) WE shall, in brief, state the facts that led to the filing of these writ petitions. The Commission by its advertisement No. 5/97 dt. 14-7-1997 invited applications for the posts of Lecturers in Education as well as other disciplines. In the cases on hand we are concerned with the recruitment to the posts of lecturers in Education only. For the said posts, the advertisement prescribed the following qualifications:" (1) First or Second Class P. G. Degree in the concerned subject or subjects. (2) High Second Class in M. Ed. , with 55% and above. (3) Qualified in NET/slet in Education. (4) Any candidate possessing M. Phil/ph. D. , before 31-12-1993 also eligible for the above posts. (5) Disables: M. Phil/ph. D. , in Education. "the Government also prescribed written test as well as oral interview, as contemplated under A. P. College Service Commission (Manner of Selection of persons for the appointment to the posts of Teachers) Regulations, 1987 (for short the Regulations ), approved by the Government of Andhra Pradesh in G. O. Ms. No. 157, Education (UE) Department dt 10-6-1987, Regulation 7 thereof prescribes the manner of selection as under:"manner OF SELECTION TO VARIOUS POSTS. (i) Direct recruitment: For all categories of posts other than Principal, professor and Reader, there shall be a written test in the subjects concerned as prescribed by the Commission and an oral test. The weightage for written test marks in the qualifying examinations and oral test shall be as follows" (a) Written test conducted by A. P. College service Commission: 40 marks (b) Weightage marks for the academic record of the candidate, marks awarded on a graded hand taking into account the marks and class obtained besides additional academic qualifications, if any 50 marks (c) Oral Test 10 marks the petitioners in W. P. Nos. 5309/98 are post-graduates in Psychology. They also possess high second class/ first class degrees in M. Ed. In addition, they have passed State Level Eligibility Test (SLET) conducted by the Commission. The petitioner in W. P. No. 6298/98 is also a post-graduate in English from kakathiya University. He had M. Ed. , degree from Annamalai University. In addition, he has passed National Eligibility Test (NET) in 1994 conducted by the University Grants Commission (UGC ). The applicant is a post-graduate in Philosophy. She too has M. Ed. , degree. In addition, she obtained M. Phil before 3-12-1997. Thus, all of them possessed the requisite educational qualifications so as to apply for the posts advertised by the Commission. In fact, they submitted their applications. They also appeared for the written examination. Call letters were sent asking them to appear for interview. At that stage, the Commission decided, as a ma tter of principle, to allot 10 marks out of 50 marks ear-marked under Regulation 7 (i) (b) towards weightage for the academic record to the candidates, who have passed NET or SLET, on par with those possessing Ph. D. , degree. Interviews is are held as scheduled and the petitioners in W. P. Nos. 5039
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