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2023 Supreme(Pat) 252

IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, J.
CWJC Nos. 20839, 18616, 21322 of 2021; 8444 of 2020; 3979 of 2022;
4869 of 2023
(20.7.2023)
Shashi Bhushan & Ors. (in 20839)
Dr. Rajesh Anand (in 8444)
Neelambari (in 18616)
Dr. Dinesh Prasad Gond (in 21322)
Nilmani Prakash & Ors. (in 3979)
Dr. Sanjeev Kumar (in 4869) … Petitioners
vs.
Lalit Narayan Mithila University
& Ors. (in 20839)
State of Bihar & Ors ... Respondents
(in all except 20839)

Advocates:
For the Petitioners: M/s Kumar Kaushik (in 20839); Pramod Kumar Thakur (in 8444); Din Bandhu Mishra (in 18616); Rajendra Narain, Sr. Adv., Anju Narain, Umesh Kumar Roy, Anant Kumar Sinha (in 21322); Y.V. Giri, Sr. Adv., Pranav Kumar, Shristhti Singh(in 3979)
For the L.N.M.U. : Mr. Md. Nadim Seraj (in 20839)
For the B.S.U.S.C. : M/s P. K. Shahi, Sr. Adv., Pawan Kumar Chaudhary (in 20839, 21322)
For the U.G.C. : M/s (Dr.) Amrendra Nath Verma (in 20839, 21322).
For the Hon'ble Chancellor : Mr. Rana Vikram Singh (in 20839).
For the State : M/s Jitendra Kumar Roy-1, SC-13, U.K. Singh, AC to SC-13 (in 8444, 3979); Madhaw Prasad Yadaw, GP-23, Arvind Kumar, AC to GP-23 (in 18616); Prabhakar Jha, GP-27, Umesh Narayan Dubey, AC to GP-27 (in 21322).

Headnote:

University Grants Commission Act, 1956 – Section 26 – Appointment of Teachers – Petitioners are praying for consideration of their respective grievances as regards non-inclusion of subject in which they have done their post-graduation as concerned/allied/relevant subject to core subject of Botany and Zoology – Commission is ready to consider case of each of petitioners in accordance with Clause 3.8 of Statue by appointing adequate number of subject experts – Commission directed to revisit its list of concerned/relevant/allied subjects, consider case of petitioners in all these writ applications in accordance with Clause 3.8 of Statue and notify its decision within a period of two months. (Paras 27 and 30)

Rajeev Ranjan Prasad, J.—Heard learned counsel for the petitioners, learned senior counsel for the Bihar State University Service Commission (hereinafter referred to as the ‘Commission’), the University and the State of Bihar.

2. These cases are though listed under the heading ‘For Judgment’ but at this stage also, this Court has heard learned counsel for the parties. Mr. P.K. Shahi, learned Senior Advocate has entered appearance on behalf of the Commission and assisted this Court.

3. These writ applications are involving a common issue, therefore, as agreed by the parties, all these matters have been heard together and are being disposed of by this common judgment.

For sake of clarity on facts, this Court would briefly mention the facts of each of the writ applications hereunder:—

CWJC No.20839 of 2021

4. There are altogether six petitioners in this case who are seeking a direction in the nature of a writ of mandamus to the respondent University to declare the petitioners eligible for appointment in the subject of Botany against the Advertisement No.PTT-01/2021 dated 18.08.2021. They are also praying for a writ in the nature of a writ of Certiorari to quash and cancel the list of candidates who have been provisionally declared ineligible, published on 03.11.2021 for appointment to the post of Guest/Part Time Teachers in the subject of Botany against the abovementioned. It is submitted that the said list declares the petitioners who are post-graduate in the subject of ‘Agriculture Bio-Technology’ from Dr. Rajendra Prasad Central Agriculture University, Pusa, Samastipur ineligible for appointment in the subject of Botany.

By yet another prayer, the petitioners have prayed for a writ in the nature of a writ of Certiorari for quashing and setting aside the Footnote-1 of para 2 of the Advertisement No.PTT-01/2021 which prescribes that in the matter of concerned/relevant/allied subjects, list prepared by the Commission for regular appointment on the post of Assistant Professor against the advertisement issued by it on 21.09.2020 will apply in selection of Guest/Part Time Teachers also.

5. It is the case of the petitioners that all these petitioners having done their graduation, completed postgraduation from Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur in the subject of Agriculture Bio-Technology. It is stated that syllabus of M.Sc. Bio-Technology in the different Universities across the State of Bihar including Dr. Rajendra Prasad Central Agricultural University are more or less the same and there is no reason as to why Agriculture Bio-Technology would not be treated as relevant/allied subject of the core subject Botany.

6. It is stated that respondent-University published an advertisement bearing Advertisement No. PTT-01/2021 dated 18.08.2021 inviting applications from eligible candidates for engagement of Guest/Part Time Teachers in the different subjects purely on temporarily basis. Annexure- ‘1’ to the writ application is the copy of the advertisement. In the subject of Botany, 72 vacancies have been notified. Para- ‘2’ of the advertisement prescribes the essential qualification and experience, according to which a Master Degree with 55% marks or an equivalent grade in a point scale, wherever the grading system is followed, in concerned/relevant/allied subjects is required. The cluster of words ‘concerned/relevant/allied’ have been further referred to the footnote-1, according to which “in the matter of concerned/relevant/allied subjects, the list prepared by the Commission for regular appointment on the post of Assistant Professor against the advertisement issued by it on 21.09.2020 will apply in selection of Guest/Part Time Teachers also.” The petitioners are aggrieved by and dissatisfied with the footnote 1. It is their contention that the essential qualification and experience prescribed by the university in the advertisement is in tune with the UGC Regulation framed in exercise of power conferred under cla

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