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2021 Supreme(Pat) 933

IN THE HIGH COURT OF PATNA
Mohit Kumar Shah, J.
PRERNA PRIYA – Appellant
Versus
STATE OF BIHAR – Respondent
Civil Writ Jurisdiction Case No. 8860 of 2020
Decided On : 21-05-2021

Advocates:
Advocate Appeared:
Rajendra Narain, Pawan Kumar Chaudhary.

Headnote:

University Law—Appointment—On vacant posts of Assistant Professors in different Universities of State of Bihar and its constituent colleges—Petitioner possesses degree of M.Sc. in Bioinformatics from Banasthali University—Petitioner is stated to have also passed CSIR-UGC Test for Junior Research Fellowship and eligibility for lectureship (NET)—Issue as to whether a particular subject is relevant or allied with concerned subject or not cannot be decided by Courts—Commission, probably on recommendation of Committee of experts, has decided, vide corrigendum dated 17.11.2020, that Bioinformatics is an allied subject of subject Botany and Zoology—Issue as to whether a subject is allied or not does not arise for consideration in present proceedings—Rules of games cannot be changed midway—Criteria mentioned in advertisement issued with regard to certain recruitment process cannot be changed once selection process has commenced—Respondent-Bihar State University Service Commission, Patna, by a corrigendum dated 17.11.2020 has changed rules of game midway, by prescribing an additional qualification of possessing Hons. Degree in Botany / Zoology, as the case may be, in case of appointment as Assistant Professor in subject of Botany and Zoology, if candidate possesses Masters Degree in Bioinformatics, which has also been found by this Court to be not only against University Grants Commission Regulations, 2018 but also against provisions contained in statutes for appointment of Assistant Professor for Universities of Bihar-2020 and against notice/advertisement dated 21.09.2020, especially in view of fact that said three documents nowhere prescribes that a candidate is required to possess those additional educational qualification—Corrigendum dated 17.11.2020 is required to be quashed on this ground as well—Respondent-Commission directed to consider case of petitioner for appointment on post of Assistant Professor in subject Botany /Zoology, after granting an opportunity to petitioner to submit online application—Writ Petition allowed. (Paras 14, 17 and 18)

Cases Referred:

Dr. G. Chandran Vs. Registrar, Tamil University Thanjavur, Madras High Court in a judgment dated 05.07.2018 passed in W.P. (MD) No. 3441 of 2018—Referred.

Hemani Malhotra Vs. High Court of Delhi, (2008) 7 SCC 11; P. K. Ramachandra Iyer Vs. Union of India, 1984 (2) SCC 141; Umesh Chandra Shukla Vs. Union of India, 1985 (3) SCC 721; Durgacharan Misra Vs. State of Orissa, 1987 (4) SCC 646; Maharashtra State Road Transport Corporation Vs. Rajendra Bhimrao Mandve, (2001)10 SCC 51—Relied.

JUDGMENT :

Mohit Kumar Shah, J.

1. The present writ petition has been filed seeking the following reliefs:

    "(i) Issuance of an appropriate writ including a writ in the nature of writ of certiorari quashing the impugned part of the advertisement issued pursuant to the notice dated 21.09.2020 (Annexure-6) of the respondent Bihar State University Service Commission (hereinafter referred to in short as BSUSC) inviting online applications in prescribed format only given in the said advertisement on website of the said Commission for regular appointment on the vacant posts of Assistant Professors in different Universities of the State of Bihar and its constituent colleges on the basis of requisition received from the Education Department, Government of Bihar, but unfortunately and surprisingly enough in the schedule annexed to the said advertisement/notice" in the list of the concerned (core) subjects of Zoology (at serial no. 1) and Botany (at serial no. 16)" in the column of its applied/relevant subjects there in no mention of "Bioinformatics" which is an allied subject in the core subjects of Botany and Zoology as duly accepted by the various Universities and Public Service Commissions and teaching institutions within our country on the basis of guidelines of University Grants Commission (hereinafter referred to in short as UGC) and so the matter relating to appointments in "concerned (core) subjects of Botany and Zoology" should not be allowed unless and until the allied subject of "Bioinformatics" is added in it.

(ii) Issuance of an appropriate writ including a writ in the nature of writ of mandamus directing/commanding the respondents to forthwith issue a corrigendum to the effect that the allied subject of "Bioinformatics" had been added/included in the field of " concerned (core) subjects of Botany and Zoology" as notified in the Commission notice dated 21.09.2020.

(iii) Issuance of an appropriate writ including a writ in the nature of writ of certiorari quashing the impugned part of the corrigendum dated 17.11.2020 (Annexure-10) of the respondent BSUSC stating in the remarks column that "Hons. Degree in Botany/Zoology is essential." The same is not at all required hence it be kindly quashed."

2. The brief facts of the case are that the petitioner possesses the degree of M.Sc in Bioinformatics from the Banasthali University, which she had obtained in the year 2010, whereafter, she was granted the certificate with regard to the same on 19.01.2011 by the said University. The petitioner is stated to have also passed the CSIR-UGC Test for Junior Research Fellowship and eligibility for lectureship (NET), which was held on 19.06.2011, whereafter she was issued the required certificate on 16.11.2011. The petitioner is stated to have attended various national/international seminars and conferences on Bioinformatics and its allied fields in between the year 2014-2017, apart from her research papers having been published in various leading journals. The petitioner is stated to have also acquired the Ph.D. Degree in the field of Biophysics, Molecular Biology and Bioinformatics from the University of Calcutta in the year 2019 and was granted the requisite certificate on 28.01.2020 by the University of Calcutta.

3. The Bihar State University Service Commission issued an advertisement/notice dated 21.09.2020 for making regular appointments on the post of Assistant Professors in different universities and constituent colleges in various subjects including the subject "Botany" and online applications, in the prescribed format, were invited to be filed by 02.05.2020 (5:00 pm). The essential educational qualifications have been prescribed under Clause 4.1.A. of the aforesaid notice dated 21.09.2020, which is reproduced herein-below:

    "4.1.A. (i) A Masters degree from any Indian University with 55% marks or an equivalent grade in a point scale, wherever grading system is followed, in concerned/relevant/allied subjects, or equivalent degree from any acc

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