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MOHIT KUMAR SHAH
Jainendra Kumar – Appellant
Versus
State Of Biharthrough The Principal Secretary – Respondent
JUDGMENT
1. The present writ petition has been filed for directing the respondent- Bihar Public Service Commission (hereinafter to be referred to as the "B.P.S.C.") to grant 04 more marks to the petitioner in the selection process being undertaken for making appointment on the post of Assistant Professor, pursuant to the Advertisement no. 50 of 2014, in view of the fact that the petitioner possesses M. Phil degree as per the U.G.C. Regulations, 2009 with NET.
2. The brief facts of the case are that the respondent-B.PS.C. published an advertisement bearing Advertisement no. 50 of 2014 for filling up vacancies on the post of Assistant Professor in different subjects, in pursuance whereof, the petitioner had also applied for the post of Assistant Professor in Hindi subject. The petitioner is stated to have acquired his M. Phil Degree from Jawahar Lal Nehru University, New Delhi in the year 2014 in Hindi subject. The petitioner, having been found eligible, was selected for interview and he was placed at serial no. 962 in the list of eligible candidates, however in front of the name of the petitioner, in the said list of eligible candidates, it was mentioned that though the petitioner has
The court emphasized the need for consistent application of UGC guidelines in awarding marks for teaching experience and ruled that degrees obtained through off-campus modes are invalid.
Qualifications for lecturer appointments must be met at the time of appointment, and later-acquired qualifications do not retroactively qualify an individual.
Eligibility criteria based on qualifications must be equitable, ensuring no unfair exclusion of M.Phil holders from Assistant Professors/ lecturers' posts.
The court held that the corrigendum removing 'M.Phil' from eligibility was valid, emphasizing that qualifications in recruitment are set by service rules, not applicants, aligning the advertisement w....
The court established that UGC regulations on simultaneous degree pursuit were not retroactively applicable, validating the petitioner’s Ph.D. degree.
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