The main legal point established in the judgment is that teaching experience gained by guest teachers or on an ad hoc basis should be considered for the post of Assistant Professors, provided it is duly certified by the concerned authorities.

JUDGMENT :

1. Heard the Parties.

2. The petitioner by way of this writ petition has prayed to issue a mandamus to the respondents to adhere to Clause 5.5 of the Advertisement dated 21.09.2020 while filling up the vacancies on the post of Assistant Professors of various subjects and restrain the respondents from implementing subsequent changes in the educational qualification by way of resolution dated 14th July, 2021 and quashed the resolution dated 14th July, 2021 and also set aside the Memorandum dated 22nd July, 2021 issued by the Secretary, Bihar State University Service Commission, Patna and also set aside all the consequential action of the Commission.

3. Learned counsel for the petitioners has submitted that the petitioners are candidates, who have applied for the post of Assistant Professor as Advertised by the Bihar State University Service Commission (hereinafter referred to as the University Commission) dated 21.09.2020. The qualifications prescribed under the Advertisement is that a candidate must possess 55% marks at Post-Graduate level in the subject concerned and they must have passed NET/BET/P.hd.

4. Learned counsel for the petitioners submits that as per Clause 5.5. only experience of those teachers would be valid, whose services have been confirmed by the University Selection Committee/College Service Commission/College Selection Committee and thus any experience gained by teachers on ad-hoc basis or as a guest teachers ought not be counted.

5. Learned counsel has taken this Court to Clause 7 of the Advertisement which provides the selection process and the criteria for selection for candidates for Interview has been provided in the table under Clause 7.2 which provides that 10 marks shall be reserved for teaching experience, 02 marks for each year. Thus, teaching experience is material for the purpose of counting the total marks for eligibility to appear before the Interview Board.

6. Learned counsel submits that after the selection process commenced, a three man Committee resolved under the Chairmanship of Professor Sri Rash Bihari Prasad Singh, that the experience certificate issued by the head of the Department/Principal/Institute countersigned by the Registrar of the respective University shall be valid for awarding the marks for teaching experience in accordance with the provisions of the Statutes. The University Commission also accepted the said suggestion and it is the contention of the learned counsel for the petitioners that such decision goes against the very interpretation of Clause 5.5. of the Advertisement.

7. Learned counsel submits that this would result in all the persons, who have taught in on ad-hoc basis in the various Colleges to be allowed the benefit of teaching experience, whereas in terms of Clause 5.5. teaching experience has to be the experience gained after regular appointment alone.

8. Learned counsel has submitted that the Registrar of the Bhupendra Narayan Mandal University has also objected to such inclusion of candidates. He also submitted that the Registrar of the Patna University has also objected to issuing of certificate to guest faculties.

9. Learned Counsel submits that the Committee of the three member could not have been formed for the said purpose and as per Statutes for the appointment of Assistant Professor in University of Bihar, 2020, the Committee can only be formed for examining the eligibility of candidates with degree in concerned subject.

10. Learned counsel has also taken this Court to the decision of Baba Saheb Bhim Rao Ambedkar University, Lucknow, who has not allowed guest faculties experience to be counted in case of one candidate Mr. Saurav Chandra on the ground that the same is not admissible as per Clause-10 of the University Grant Commission Regulations, 2018.

11. Learned counsel submits that the decision of the three member Committee is amounts to changing the Rules of the game after the game has already started.

12. In support thereof, he has relied on (2001)