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2019 Supreme(Ori) 248
IN THE HIGH COURT OF ORISSA, CUTTACK
B.R. SARANGI, J.
Ashok Kumar Panda - Appellant
Versus
Vice-Chancellor, Berhampur University and Others - Respondent
Writ Petition (Civil) No. 848 of 2016
Decided On : 19-03-2019
Headnote:
Selection Process - Lecturer in Odia - Orissa Universities Act,1989, Section 2(p), 3(1), 4(2), 21, 24 - UGC (Minimum Qualification Required for the Appointment of Teachers in Universities and Institutions Affiliated to it) (3rd Amendment) Regulation,2009 - The court directed the University to include the name of the petitioner in the list of eligible candidates for the post of unreserved category pursuant to advertisement dated 22.04.2015 and quashed the selection of the opposite party No.3 as Lecturer in Odia under unreserved category.
Fact of the Case:
Dr. Ashok Kumar Panda and Dr. Bibhuti Bhusan Acharya filed writ petitions challenging the selection process for the post of Lecturer in Odia in Berhampur University. The petitions were disposed of by a common judgment as they arose from the same advertisement. The University had issued an advertisement for the post of Lecturer in Odia, and both petitioners applied for the post. Dr. Ashok Kumar Panda's name was excluded from the final list of eligible candidates, while Dr. Bibhuti Bhusan Acharya's selection was changed at the level of the Syndicate due to alleged mala fide actions of a member of the selection committee.
Finding of the Court:
The court found that the exclusion of Dr. Ashok Kumar Panda's name from the final list of eligible candidates was arbitrary and unreasonable, as he had acquired a Ph.D. degree and was exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions. The court also found that the selection of Dr. M.R. Bisoyee as Lecturer in Odia under unreserved category was not sustainable in the eye of law and was liable to be quashed.
Issues: The issues involved in the case included the arbitrary exclusion of Dr. Ashok Kumar Panda's name from the final list of eligible candidates and the alleged mala fide actions of a member of the selection committee in the selection process for the post of Lecturer in Odia.
Ratio Decidendi: The court held that the exclusion of Dr. Ashok Kumar Panda's name from the final list of eligible candidates was arbitrary and unreasonable, and directed the University to include his name in the list. The court also quashed the selection of Dr. M.R. Bisoyee as Lecturer in Odia under unreserved category due to irregularities in the selection process.
Final Decision: The court allowed both writ petitions, directed the University to include the name of Dr. Ashok Kumar Panda in the list of eligible candidates for the post of unreserved category, and quashed the selection of Dr. M.R. Bisoyee as Lecturer in Odia under unreserved category.
JUDGMENT :
B. R. SARANGI, J.
1. Dr. Ashok Kumar Panda has filed W.P.(C) No. 848 of 2016 seeking following reliefs:
"It is therefore most humbly prayed that this Hon'ble Court may be graciously pleased to issued RULE NISI, in the nature of writ of mandamus, any other writ/writs and/or order/orders and/or direction/directions calling upon the opposite parties to show cause as to why:
(i) The decision of the opposite party No.2 vide list dated 09.01.2016 as under Annexure-4 in publishing the list of 44 candidates to attend the interview on 20.01.2016 is bad in the eyes of law and liable to be quashed and set aside.
(ii) Permit the petitioner to attend the interview for the post of Lecturer in Odia in pursuance to advertisement made vide notification No. 3609 dated 24.04.2015 as under Annexure-2.
(iii) Direct the opposite parties to act as per UGC (Minimum Qualification Required for the Appointment of Teachers in Universities and Institutions Affiliated to it) (3rd Amendment) Regulation,2009.
(iv) Direct the opposite parties to conduct written test as envisage under Clause-IV (S) of General Instructions mentioned in the advertisement No.3609 dated 22.04.2015 as under Annexure-3.
(v) If the opposite parties fails to show cause or show insufficient and false cause may be the said Rule NISI absolute.
And/or to pass such other order/orders, direction/directions as this Hon'ble Court deems just, fit, equitable and proper in the facts and circumstances of the present case."
Dr. Bibhuti Bhusan Acharya has filed W.P.(C) . No.4008 of 2016 seeking following reliefs:
"Under the above circumstances it is humbly prayed that this Hon'ble Court may graciously be pleased to issue a writ in appropriate nature to quash selection process, selection and consequential appointment if any made in favour of the opposite party No. 3 in the post of lecturer in Odia in pursuance of the advertisement dated 22.04.2015 and Resolution dated 17.02.2016 of the Syndicate of Berhampur University at item No. 118 under Annexure-4.
And this Hon'ble Court may be graciously be pleased to quash the resolution of the Syndicate of Berhampur University dated 27.06.2011 under Resolution No.279.
And this Hon'ble Court may graciously be pleased to direct the respondent Nos.1 and 2 to redraw the select list afresh and appoint the petitioner as lecturer in Odia in Berhampur University in pursuance of the advertisement dated 22.04.2015 with all consequential service and financial benefits."
Since both the writ petitions arise out of the self-same advertisement dated 22.04.2015 published in Odia daily "The Samaj" for appointment of Lecturer in Odia in Berhampur University under unreserved category and both the petitioners challenge the selection process of the said post, they are heard analogously and disposed of by this common judgment.
2. The factual matrix of the case, in hand, is that Berhampur-University was established under the provisions of Orissa Universities Act,1989. The Registrar, Berhampur University issued notification No.3609 dated 22.04.2015, by way of advertisement, inviting applications for the posts of Professor, Reader and Lecturer in different subjects, which includes one unreserved post of Lecturer in Odia. It was indicated in the advertisement that the application forms and instructions can be downloaded from the Berhampur University website. The candidates submitting the downloaded application must pay the prescribed application fee, i.e., Rs.1000/- (Rs.750/- for Scheduled Caste and Scheduled Tribe) in the form of SBI Bank Draft drawn in favour of Controller of Finance, Berhampur University, payable at SBI, Bhanjabihar along with filled-in-applications, failing which their applications would not be considered, and the same should reach to the Registrar on or before 25.05.2015 and, as such, the applications received thereafter would not be considered. Clause-II of the advertisement prescribed the qualification and experience for the post of Lecturer. Both the petitioners,
