PATNA HIGH COURT
Mridula Mishra, J.
Preeti Sinha W/o Vijoy Kumar Singh
Versus
State Of Bihar
CWJC No. 2703 of 2009 4041 of 2009 5547 of 2009
Decided On : AUGUST 18, 2009
Appointment - University Selection Process - Section 57(A)(1) of the Bihar State Universities Act, 1976, Article 30 of the Constitution of India - [KEYWORD] - [SUBJECT] - [Section 57(A)(1) of the Bihar State Universities Act, 1976, Article 30 of the Constitution of India] - The court considered the requirement of concurrence of the Constituent College Service Commission for admitting experience of a teacher of an unaided minority institution for recognizing her teaching experience for appointment, and the denial of opportunity for interview and appointment based on the lack of requisite qualifications. The court held that the concurrence of appointment of teachers made by the Governing Body of unaided religious minority institution was not required, and the denial of interview based on lack of requisite qualifications was illegal. The court also emphasized the minimal regulatory measures for unaided minority institutions under Article 30 of the Constitution of India, and the importance of recognizing teaching experience in such institutions.
Fact of the Case:
The case involved the denial of interview and appointment for the posts of Principal, Professor, and Reader at Patna University based on the lack of requisite qualifications and the requirement of concurrence of the Constituent College Service Commission for recognizing teaching experience.
Finding of the Court:
The court found that the denial of interview and appointment based on the lack of requisite qualifications and the requirement of concurrence was illegal, and directed the university to conduct fresh interviews for the petitioners.
Issues: (a) Whether concurrence of the Constituent College Service Commission is required for recognizing teaching experience in an unaided minority institution? (b) Whether denial of interview and appointment based on lack of requisite qualifications was justified?
Ratio Decidendi: The concurrence of appointment of teachers made by the Governing Body of unaided religious minority institution was not required, and the denial of interview based on lack of requisite qualifications was illegal. Minimal regulatory measures for unaided minority institutions under Article 30 of the Constitution of India were emphasized.
Final Decision: C.W.J.C. No. 2703 of 2009 and C.W.J.C. No. 5547 of 2009 were allowed, and C.W.J.C. No. 4041 of 2009 was dismissed. The Vice-Chancellor and the Registrar, Patna University were directed to conduct fresh interviews for the petitioners.
1. Heard the counsel for the parties.
2. All three writ applications are being taken together for analogous hearing and disposal as similar relief has been prayed by the petitioners in these writ applications.
3. Facts leading to filing of present applications relate to publication of two advertisements by the Patna University, inviting applications for the posts of Principal, Professor and Reader in different colleges of Patna University including that of Womens Training College. Advertisement No. 03/08, dated 17.10.2008, was published in daily newspaper "Hindustan Times" inviting applications for the post of Principals and Advertisement No. 02/08 was published in the daily newspaper "Hindustan Times", dated 12.2.2008, inviting applications for the post of Professor and Reader in the faculty of education in the concerned colleges.
4. Dr. Preeti Sinha (petitioner in C.W.J.C. No. 2703 of 2009) applied for all three posts and petitioner in other two writ applications had applied only for the post of Principal. Petitioners applications were subjected to screening on the basis of the documents produced by them and vide different interview letters they were asked to appear for interview for the posts they had applied. It is specific case of Dr. Preeti Sinha that on 17th February, 2009, the Deputy Registrar of the University made a telephonic conversation and asked for furnishing her initial appointment letter, since, it had not been furnished with the initial application. The petitioners were asked to appear before the Interview Board on 22.2.2009. They appeared before the Board and signed the attendance register for appearing before the Board. The Selection Committee was headed by the Vice-Chancellor, Patna University. This is the common case of all three petitioners that it was to their utter surprise when during their interview process they were told that since they do not have required teaching experience, as such, their candidature cannot be considered for the post of Principal, Professor/Reader. Dr. Preeti Sinha, during her interview process, was asked to produce concurrence certificate issued by the Bihar College Service Commission, which was beyond the requirement of the advertisement. Petitioners case is that on account of non-production of concurrence certificate, she was not allowed to give interview and her entire teaching experience was considered of no value for the purposes of appointment. All three petitioners have alleged that the action of the respondent was discriminatory and in complete violation of Articles 14, 16 and 30 of the Constitution of India.
5. Prayer of the petitioners is for quashing the process of appointment for selection of Principal, Professor/Reader pursuant to Advertisements No. 02/08 and 03/08 and to direct the respondent Patna University to consider candidature of the petitioners alongwith other eligible candidates after holding fresh interview for appointment on these posts.
6. The questions, which need consideration in these applications, are (a) whether concurrence of the Constituent College Service Commission is sine qua non for admitting experience a teacher of unaided minority institution for recognizing her teaching experience for appointment, on the posts referred in the advertisement in question? (b) Whether petitioners who had requisite qualifications for appointment on the post of Principal, Professor/Reader could have been denied opportunity of being interviewed and then appointed on the posts on the ground that they do not possess requisite qualification, specially after issuance of interview letters on proper screening of their documents annexed with petitioners applications?
7. Dr. Preeti Sinha (C.W.J.C. No. 2703 of 2009) is M.A. in History (first division from Patna University), M.Ed. (first division from Patna University) and Ph.D. in education. Presently she is working on the post of Reader at St. Xaviers College of Education, Digha Ghat, Patna. She was initially ap
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