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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH, J.
Ranjeeta Sonkar @ Ranjeeta – Appellant
Versus
The State Of Bihar – Respondent
Civil Writ Jurisdiction Case No.5580, 3751, 3785, 4611, 5744, 5456, 5860, 5039 of 2012
Decided on : 29.4.2015
Appointment - Patna University - Patna University Act, 1976 - Advertisement No. G. Admn./01/11 - [Painting, Applied Arts, Sculpture, History of Art, Photography, Graphic] - The court quashed the selection process and appointments made for the post of Assistant Professors in the faculty of Fine Arts at Patna University. The court directed the University to proceed afresh in the matter of appointment, constituting a proper selection committee with experts as prescribed under the rules and regulations. The Bihar Public Service Commission was assigned to perform the function of selection and making recommendations for the appointment of teachers at the University. The court also directed the University to stop taking work from appointees who did not have the required qualifications and allowed those with the necessary qualifications to continue working until the conclusion of the new selection process.
Fact of the Case:
A notification issued by Patna University dated 25.01.2012 under the signature of the Registrar of the University, appointing nine persons as Assistant Professors in different subjects in the faculty of Fine Arts, was challenged. The dispute arose from the same selection process, held in the light of the same advertisement, and involved common issues and almost identical questions to be decided. The original records pertaining to the process of selection were produced before the court and perused.
Finding of the Court:
The court found that the entire selection process and appointments made for the post of Assistant Professors in the faculty of Fine Arts at Patna University were unsustainable in the eye of the law. The court quashed the selection process and appointments made and directed the University to proceed afresh in the matter of appointment, constituting a proper selection committee with experts as prescribed under the rules and regulations. The Bihar Public Service Commission was assigned to perform the function of selection and making recommendations for the appointment of teachers at the University. The court also directed the University to stop taking work from appointees who did not have the required qualifications and allowed those with the necessary qualifications to continue working until the conclusion of the new selection process.
Issues: The main grounds for assailing the entire selection process for appointment to the post of Assistant Professors were that the selection committee was illegally constituted and in violation of guidelines issued by UGC. The selected candidates did not hold the qualification in a particular subject for which they were selected and appointed, and some of them did not hold the mandatory qualification of having cleared the NET/SLET.
Ratio Decidendi: The court held that the constitution of the selection committee was illegal and in violation of guidelines issued by UGC. The experts appointed to constitute the selection committee were not qualified to evaluate and assess the relevant merits of the candidates who had applied for different subjects for their appointment as Assistant Professors. The court also emphasized the requirement of having experts in the subject concerned in the selection committee and the need for compliance with the mandatory legal requirements for the appointment of teachers at the University.
Final Decision: The court quashed the selection process and appointments made for the post of Assistant Professors in the faculty of Fine Arts at Patna University. The court directed the University to proceed afresh in the matter of appointment, constituting a proper selection committee with experts as prescribed under the rules and regulations. The Bihar Public Service Commission was assigned to perform the function of selection and making recommendations for the appointment of teachers at the University. The court also directed the University to stop taking work from appointees who did not have the required qualifications and allowed those with the necessary qualifications to continue working until the conclusion of the new selection process.
1. In this batch of writ applications, a notification issued by the Patna University dated 25.01.2012 under the signature of the Registrar of the University whereby, nine persons have been appointed as Assistant Professors in different subjects in the faculty of Fine Arts (college of Arts and Crafts), Patna under Patna University Service, is under challenge.
2. By the said notification, nine persons have been appointed as Assistant Professors in the subjects of Painting, Applied Arts, Sculpture, History of Art, Photography and Graphics. The petitioners, were also aspirants for the said posts and had applied pursuant to Advertisement No. G. Admn./01/11 inviting applications for the posts and had participated in the process of selection, but were unsuccessful. The Appointees, pursuant to the said notification have been impleaded as Respondents in different writ applications. They were noticed, pursuant to which they have appeared through their counsel and have filed counter affidavits.
3. As the dispute in the present batch of writ applications arose out of same selection process, held in the light of same advertisement, and involve common issues and almost identical questions to be decided, they have been heard together and are being disposed of by the present common judgement.
4. Pursuant to an order of this court, the original records pertaining to process of selection have been produced before this court which have been perused by me.
5. Before I advert to the rival pleadings of the parties in different cases, I think it appropriate to first deal with the advertisement inviting applications from the eligible candidates for appointment as Assistant Professors, in the faculty of Fine Arts in Patna University through the said Advertisement No. G. Admn./01/11, which has been brought on record by way of annexure to the writ applications. I shall also be dealing with the relevant statutory provisions governing selection for appointment to the post of Assistant Professors in the college under Patna University.
6. By the said Advertisement No. G. Admn./01/11, the Patna University invited applications for appointment against 11 vacant posts of Assistant Professors in the faculty of Fine Arts in different subjects. Following were vacancies shown against different posts:-
Subject No. of vacant posts
Painting 2
Applied Arts 2
Sculpture 2
History of Art 2
Photography 1
Graphic 2
7. Out of 11 posts so advertised, five were shown to have been unreserved. 1, 3 and 2 posts were shown to be reserved for candidates belonging to Extremely Backward Class (EBC), Scheduled Caste (SC) and Backward Class (BC) respectively, without mentioning the subjects in which the posts were reserved. Following was the requisite qualification prescribed for a candidate applying for the posts:-
“(i) Good academic record with at least 55% of the marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master Degree level in the relevant subject or an equivalent degree from an Indian/Foreign University.
(ii) Besides fulfilling the above qualifications, candidates must have cleared the National Eligibility Test (NET) for lecturers conducted by the UGC, CSIR, or similar test accredited by the UGC. Notwithstanding anything contained in sub-clauses (i) and (ii) to this Clause 4.4.2.3, candidates, who are, or have been awarded a Ph. D. Degree, in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph. D. Degree) Regulations, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/ SLET/SET for recruitment and appointment of Assistant Professors or equivalent positions in Universities/ Colleges/Institutions.
(iii) Without prejudice to the above, NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted.
OR
i. A Professional artist with highly commendable professional achievement in the concerned subject, w
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