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K. VINOD CHANDRAN, PARTHA SARTHY
Rakesh Ranjan, Son of Shiv Shankar Prasad Yadav – Appellant
Versus
Bihar State University Service Commission, Patna – Respondent
JUDGMENT :
K. Vinod Chandran, CJ.
The controversy herein is as to who is entitled to the appointment to the single post of Assistant Professor in Rural Studies in a selection carried out by the Bihar State University Service Commission (for brevity ‘the Commission’). The appointments were to be made to the vacant post of Assistant Professors in different Universities and constituent Colleges, as per the requisition made by the Education Department, Government of Bihar. The dispute raised by the writ petitioner was against the marks awarded to the 5th Respondent for teaching experience. Both the writ petitioner and the 5th Respondent; who is the appellant herein, obtained 10 marks each for the teaching experience. The 5th Respondent in the overall tally obtained one mark more than the writ petitioner, thus getting selected for appointment.
2. The learned Single Judge, by an order dated 25.07.2023, noticing the contention raised by the writ petitioner that the 5th Respondent had completed his Post-Graduation only in July 2014; thus, putting at peril his claim of teaching as a faculty since 10.01.2011, directed the Vice-Chancellor, Patna University to constitute a committee of experts, w
Teaching experience claimed during Ph.D. studies is not valid unless it was active service without leave, impacting selection criteria for academic appointments.
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 d....
The court affirmed the validity of the selection process for Assistant Professors and clarified that guest lecturer experience can't always be excluded for direct recruitment under regulatory guideli....
Point of Law : Central government had no authority to disagree with the recommendation of UGC.
The Selection Committee cannot alter the essential qualifications for a position once the selection process has commenced, and the Chancellor has the authority to terminate appointments that do not c....
The main legal point established in the judgment is that regulation 10(f)(iii) is not applicable for shortlisting candidates for the post of Assistant Professors, and teaching experience as a full-ti....
Postgraduate training not equivalent to formal teaching experience; erroneous marks for unpossessed qualification arbitrary; expert selection upheld absent perversity.
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