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2015 Supreme(Ori) 410

IN THE HIGH COURT OF ORISSA AT CUTTACK
I. Mahanty, Durga Prasanna Choudhury, JJ.
Manorama Patri and Ors. - Appellants
Vs.
State of Odisha and Ors. - Respondents
W.A. No. 23 of 2015, W.P.(C) Nos. 15327, 15410, 15422, 15545, 15757, 16348 of 2014 and W.P.(C) (PIL) No. 4773 of 2015
Decided On : 09-12-2015

Advocates:
Advocate Appeared:
For the Appellant : Kshirod Kumar Rout, T.K. Naik, J. Naik, S.K. Rout and H. Samal

Headnote:1. RAVENSHAW UNIVERSITY ACT, 2005 - Section 36 - University is in receipt of U.G.C. grant and under the purview of U.G.C. since inception - Act, 2005 being a piece of sub-ordinate legislation has to abide by U.G.C. Act and Regulation/Guidelines so far as appointment of teachers are concerned - Same needs to be strictly complied, keeping in view the object of imparting better education.

       2. CONSTITUTION OF INDIA, 1950 - Articles 14, 16, 19(1)(g) and 21 - Violation of U.G.C. Regulations of 2009, 2010, 2013 and 2014 framed under Universities Grants Act, 1956 while making advertisement dated 23.06.2014 - Regulations prescribe mandatory condition and the advertisement has shattered the basic aim of education - Fundamental Rights of petitioners as enshrined under the Constitution is violated - Impugned advertisements and corrigendum’s thereto are bad in law - In the result, the order of Hon’ble Single Judge is confirmed - No cause of action survives in respect of other petitions due to fresh advertisement - Ravenshaw University is directed to file compliance affidavit as per directions; to issue fresh advertisement within 4 weeks and to complete process of recruitment within a further period of 8 weeks.

JUDGMENT :

Durga Prasanna Choudhury, J.

1. Since the captioned writ applications and writ appeal involve common questions of law, the same are taken up for disposal by this common judgment, with the consent of the parties.

2. The brief details of case of the petitioner in W.P.(C) No. 15410 of 2014 is that, while working as lecturer on contractual basis in the Department of Botany from 2nd May, 2011 to 22nd May, 2014, she applied for a regular post of lecturer in the Department of Life Science, duly advertised by the opposite party- Ravenshaw University. It is further averred by the petitioner that although the petitioner has obtained a Ph. D. degree, she was not shortlisted purportedly on the ground that she has not acquired National Eligible Test (NET) certificate, although the University Grants Commission guidelines very clearly state that a candidate for lecturer who has got Ph. D. degree, can be eligible for the post of lecturer even if she or he has not acquired NET certificate. Moreover, without following the Odisha Reservation of Posts and Service (Socially and Educationally Backward Classes Act, 2008) made advertisement and the petitioner being a member of socially and educationally backward class (hereinafter called SEBC) was ignored for her selection to the post of lecturer. On the whole, it is the claim of the petitioner that the impugned advertisement for the post of lecturer in Life Science and shortlisting of the candidates for such posts was made by violating the guidelines issued by the U.G.C. Since the petitioner has been discriminated by violating the provisions of law, the fundamental right of the petitioner as enshrined under Articles 14 & 16 have been allegedly violated. It is therefore, prayed in such petition to quash the impugned advertisement dated 23.6.2014 and direct opposite parties to consider her candidature for the post of lecturer in Life Science.

3. The case of the petitioner in W.P.(C) No. 15422 of 2014 is that the petitioner after completion of M.A. in English with 58.2% of marks from Ravenshaw College, has obtained M.Phil and Ph.D. from Utkal University. He has also got international and national publication and was working as a lecturer in English in Mahanga Puspagiri College, Erkana in the district of Cuttack. That the opposite party No. 1 made advertisement No. 2232 dated 23.6.2014 for the recruitment of faculty members in different Departments of University. As the last date was fixed to 22.7.2013 by the advertisement, the petitioner applied for the post of lecturer in English. To his utter surprise, he found that clause-7 of the advertisement has been described as hereunder :

"7. Other conditions :

(b) It will be open to the university to consider names of suitable candidates who might not have applied.

xx xx xx

(e) Applications received after the last date will not be considered.

xx xx xx

(g) Relaxation of any of the qualification may be in exceptional cases on the recommendation of the selection committee."

4. University Grants Commission Act (hereinafter called 'the U.G.C. Act') and Regulations made thereunder the posts should be Assistant Professor and Associate Professor but not the lecturer or Reader as per nomenclature advertised vide impugned advertisement. Further he alleges that clause 7(b) of the advertisement is illegal and unreasonable because under this clause it is not justified for the University to consider the names of the suitable candidates who might not have applied whereas the last date of submission of applications has been fixed to 22.7.2014 and clause 7(e) stipulates that the application received after the last date will not be considered. It is further averred by the petitioner that the clause 7(g) of the advertisement provides for relaxation of qualification in exceptional cases on recommendation of selection committee, which cannot arbitrarily cause relaxation in














































































































































































































































































































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