Teaching experience marks for Assistant Professor shortlisting invalid if claimed prior to essential qualifications (NET/SET/M.Phil/Ph.D) or based on unverified/dubious certificates; erroneous shortlisting vitiates selection even if final based on interview.

JUDGMENT :

Sandeep Sharma, J

Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Sanjeev Bhushan, learned senior counsel duly assisted by Mr. Sparsh Bhushan, Advocate, appearing for the petitioner is that respondent No.1-University, while selecting/appointing respondent No.2 against the post of Assistant Professor (Zoology) wrongly awarded 10 marks for teaching experience on the strength of experience certificates produced by respondent No.2, since she (respondent No.2) did not possess the requisite qualification for appointment as Assistant Professor, and she acquired such qualification i.e. M.Phil. in 2008 and as such, her teaching experience for the year 2004-2008 could not be considered and even the experience from 2008 to 2009 of teaching in Eternal University could not have been considered, for the reason that said University itself denied the factum of respondent No.2 having worked with it and though, later on another certificate has been produced by respondent No.2, from same University, but same carries different dates, coupled with the fact that no B.Sc. or M.Sc. classes were being run in the said University, during said period. Besides this, petitioner has challenged award of ‘03’ marks under heading ‘Awards’. Besides this, allegations have been leveled that husband of respondent No.2, who is working in respondent No.1 University, has played a key role in procuring appointment in favour of respondent No.2.

2 For, having bird’s eye view of the matter, facts of the case, which may be relevant for the adjudication of the case at hand are that, Advertisement No. 01/2021, dated 17.8.2021 (Annexure P-1) was issued by Sardar Vallabhbhai Patel Cluster University, Mandi (A State Government University) for various posts, including four posts of Assistant Professor in the pay scale of Rs.15600-39100+6000 AGP in the subject of Zoology i.e. 3-UR, 1-UR(Ex- SM). The note appended in the advertisement reads as under:

“For minimum qualification, application fee, general instruction for filling online application form and other details see University website https://svpcumandi.ac.in, Eligibility conditions and experience shall be as per the norms prescribed by the UGC Regulations, 2018 and AICTE Regulations 2019. Service conditions and allowances shall be applicable as per rules & regulations of Sardar Vallabhbhai Patel Cluster University, Mandi. For more information candidates may visit the UGC website www.ugc.ac.in and Sardar Vallabhbhai Patel Cluster University, Mandi website www.svpcu.ac.in.”

3 Annexure P-2 is the Criteria for shortlisting of candidates for interview for the post of Assistant Professors in Universities, which is reproduced herein below:

UGC API score for Assistant Professor in Universities
Note:
(A)(i) M.Phil + Ph.D. Maximum – 30 marks

(ii) JRF?NET/SET Maximum -07 marks

(B) Number of candidates to be called for interview shall be decided by the concerned Universities.

(C) Academic Score-80
Research Publications – 10
Teaching Experience- 10
Total :- 100

(D) SET/SLET score shall be valid for appointment in respective State Universities/ Colleges /Institutions only.”

4 The UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and other Measures for the maintenance of Standards in Higher Education, 2018 (hereinafter, ‘UGC Regulations 2018’) provide for recruitment and qualifications to various posts including post in question i.e. Associate Professor, in clauses 3.0 and 4.0, which are relevant for the adjudication of the present petition, are reproduced herein below:

“3.0 Recruitment and Qualifications

3.1 The direct recruitment to the posts of Assistant Professor, Associate Professor and Professor in the Universities and Colleges, and Senior Professor in the Universities, shall be on the basis of merit through an all-India advertisement, followed by selection by a duly-constituted Selection Committee as per