The University Grants Commission Act, 1953, being a Central Act enacted under Entry 66, List I of the Seventh Schedule of the Constitution of India, shall override the provisions of the State Acts enacted under Entry No.25 of List III thereof.

S. B. Sinha and JJ JJ.

1. - Both these writ applications involving common questions of fact and law were taken up for hearing together and are being disposed of by this common judgment.

2. An advertisement dated 23rd November, 1993, issued by the Bihar state University (Constituent College) Service Commission (hereinafter referred to as the university Service Commission) published in newspaper hindustan whereby and whereunder applications have been invited for appointment to the post of Lecturers in different Universities/constituent colleges, is in question.

3. From a perusal of the said advertisement, it would appear that the minimum qualification required for appointment to the post of Lecturers is a masters degree in the relevant subject having at least minimum 55 per cent marks. Holding of a degree of M. Phil and Ph D. on the relevant subject was to be considered as an additional qualification. It was stated therein that the minimum qualification may he relaxed even in respect of candidates who have research degree like M. Phil/ph D. According to the petitioners the qualificitions prescribed in the said advertisement is not inconsonance with the standard prescribed by the university Grant Commission, whereby eligibility test known as national eligibility Test was prescribed.

4. It has been contended that the University Grants Commission Act 1953 hereinafter referred to as the said Act being an act enacted by the parliament of India in terms of Entry 66, List I of the VIIth Schedule of the constitution of India shall override the provisions of the Bihar Inter-State university Board Act (hereinafter referred to as the Board Act) as also bihar State Universities Act, 1976 (hereinafter referred to as the 1976 Act)which have been enacted by the legislature of Bihar under Entry No.25 of list III thereof.

5. There are 12 Universities in the State of Bihar which are governed by the 1976 Act, apart from the Patna University which is governed by the patna University Act. Sec.57 of the 1976 Act and Sec.56 of the Patna University Act lay down the provisions for appointment in different Universities/constituent colleges. The 1976 Act does not contain any provisions laying down the qualification of any lecturers. Such appointment used to be governed under under the Statute framed by the different Universities, by reason of Bihar Act No.18 of 1993 known as Patna University (Amendment Act 1993) and Bihar Act no.17 of 1993 (known as Bihar State University Amendment Act, 1993), a provision has been made for appointment of persons in a teaching post upon holding a competitive examination to be conducted by the University service commission. The said amendment Acts are contained in Annexures 2 and 3 to the writ applications.

6. Sub-section (2) of Sec.5 of the Act confers overriding power in the State and which reads as follows:-

7. The Parliament had enacted the University Grants Commission 1953 (Act No 3 of 1956) with a view to make provision for co-ordination and determination of the standard in Universities and for that purpose, to establish the University Grants Commission. Sec.26 (1) (e) of the said Act empowers the commission to frame a regulation.

8. In exercise of its aforementioned power the University Grants commission had framed a regulation known as University Grants Commission (A qualification required of a person to be appointed to the teaching staff of a university and institutions affiliated to it) Regulations, 1991.

9. A notification publishing the afore mentioned regulations was issued on 19th September, 1991. The relevant provisions of the Regulations reads thus:-

"3 (A) (a) Arts, Sciences, Social Sciences, Commerce, Education, physical Education, Foreign languages and law. Good academic record with atleast 50 marks or an equivalent grade at master degee level in the relevant subject from an indian University or an equivalent degree from foreign university. Candidates besides fulfilling the above qualifications sho