IMPORTANT POINT
The court established that changes in eligibility criteria must be applied equitably, ensuring that both merit and prior service are considered in appointment decisions.

ORDER :

1. Heard learned counsel for the parties.

2. Since both the writ petitions arise out of similar facts having implication on each other, therefore, they are being heard and decided by this common order.

3. Briefly, the facts giving rise to the present writ petitions are that petitioner-Gauri Shankar Jinger, considering himself eligible in all respects, applied for the post of College Lecturer (Philosophy) in pursuance of the Advertisement issued by the respondents on 12.01.2015. The candidature of the petitioner-Gauri Shankar Jinger was considered and since he was not meeting the criteria of ‘good academic record’ as per the stipulations made in the Advertisement dated 12.01.2015, his candidature was not favourably considered and, therefore, he was not selected on the post of College Lecturer (Philosophy).

4. It is noted that the parameters and applicability of the ‘good academic record’ was under consideration before this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No.7545/2014 “Lalit Kumar Vs. The University Grants Commission & Ors. While the litigation was pending consideration before this Court as well as the Hon’ble Supreme Court, the State Government issued a Notification on 13.07.2021, wherein it was held that as per Regulation, 2010 of the University Grants Commission, the relaxation of 5% shall be given to the SC/ST and PH Category candidates for consideration of their cases towards ‘good academic record’. The embargo of consideration of 5% relaxation towards ‘good academic record’ only in the post-graduation was waived/mellowed down by this Notification dated 13.07.2021. In the wake of the Notification dated 13.07.2021, the case of the petitioner was reconsidered by the respondent-RPSC and the petitioner was placed at Sr. No.6-A and was recommended for appointment by the State Government vide letter/order 30.09.2022 (Annex.11).

5. In pursuance of the order dated 30.09.2022, the petitioner-Gauri Shankar Jinger was called for Counselling and Document Verification and it was decided that the petitioner-Gauri Shankar Jinger may be granted appointment on the post of College Lecturer (Philosophy). As a natural consequence of the order having been passed in favour of the petitioner-Gaur Shankar Jinger, the petitioner-Jhanwar Ram (petitioner in the connected writ petition bearing No.610/2023) was issued a Show Cause Notice on 28.12.2022 as he was the last candidate in the select list for appointment on the post of College Lecturer. In these circumstances, the petitioner-Jhanwar Ram approached this Court by way of filing a writ petition and the co-ordinate Bench of this Court issued notices and stayed further proceedings of the Show Cause Notice dated 28.12.2022. Thus, the petitioner-Jhanwar Ram continued to serve the respondents on the post of College Lecturer (Philosophy). Though the petitioner-Jhanwar Ram was given Show Cause Notice for dispensing with his services, but the petitioner-Gauri Shankar Jinger has not been given appointment by the respondents, therefore, petitioner-Gauri Shankar Jinger approached this Court by way of filing the present writ petition.

6. Mr. Buch, learned counsel for the petitioner-Gauri Shankar Jinger submits that in light of the State Government’s order dated 13.07.2021 and the recommendations of the RPSC dated 30.09.2022, the petitioner-Gauri Shankar Jinger is required to be given appointment on the post of College Lecturer in subject Philosophy as he is meeting all the criteria laid down by the respondents. He, therefore prays that the respondents may be directed to immediately issue appointment order in favour of the petitioner-Gauri Shankar Jinger.

7. On the other hand, Ms. Bissa, learned counsel for the petitioner-Jhanwar Ram submits that the petitioner has not misrepresented before the respondents as he was duly selected in the selection process undertaken by the respondent-Department. As a natural consequence, he was appointed as College Lecturer (Philosophy) and