2016 Supreme(All) 447
ALLAHABAD HIGH COURT
BEFORE : V.K. SHUKLA AND MAHESH CHANDRA TRIPATHI, JJ.
Dr. BRIJESH KUMAR TIWARI AND OTHERS ....Petitioners
Versus
BANARAS HINDU UNIVERSITY AND OTHERS .....Respondents
(Civil Misc. Writ Petition Nos. 14235, 13523, 43534 of 2014 and 2774 of 2016, decided on 12th April, 2016)
Counsel :
Anil Tiwari, Siddharth Khare, Ashok Khare, Sanjeev Singh and Akhilesh Tripathi for the Petitioner; A.S.G.I., Ajeet Kumar Singh, Harshita Raghuvanshi, R.K. Jaiswal, S.C., V.K. Singh, Anant Kumar Tiwari and Rijwan Ali Akhtar for the Respondents.
Headnote:University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staffs in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2010—Ordinance 11—Selection—Assistant Professor—Eligibility of candidate—Shortlisting of candidates—Application placed before Faculty Affairs Committee-Level-I and II (FAC-1 and II)—Regulations of University provides that at both stage eminent scholars being as Committee Members entrusted with job to screen out the best candidates—Selection Committee exercised its discretion to assess candidate objectively and same could not be subjected to judicial scrutiny—No illegality or infirmity in selection process—No interference called for with selection process. [Paras 61 to 65]
Result; Petition Dismissed.
Hon’ble Mahesh Chandra Tripathi, J.—We have heard Shri Anil Tiwari and Shri Sanjeev Singh, learned counsel for the petitioners. Shri V.K. Upadhyay, Sr. Advocate assisted by Shri Ajit Kumar Singh appears for Banaras Hindu University. Shri R.K. Ojha, Sr. Advocate assisted by Ms. Harshita Raghuvanshi appears for Dr. Vandana Srivastava.
2. As in all the writ petitions, the validity of the selection proceedings held by the Banaras Hindu University, Varanasi for the post of Assistant Professor in different Departments is under challenge, the same are being decided by this common judgment.
3. The facts of Writ Petition No. 14235 of 2014 are being taken as a leading case for deciding the writ petitions.
By this writ petition, the petitioner has prayed for following reliefs :
“i. Issue a writ, order or direction in the nature of certiorari calling for the records of the selection proceedings pertaining to the post of Assistant Professor in the Department of Commerce so far as the same pertains to general category candidates, held on 31.1.2014 and further be pleased to quash the same so far the same pertains to respondent Nos. 6 to 10.
ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to prepare the result of the selection proceedings held on 31.1.2014 strictly in accordance with Ordinance 11A of the University and the regulations namely University Grants Commission (Minimum qualifications for appointment of teachers and other academic staffs in Universities and colleges and measures for the maintenance of standards in Higher Education) Regulations 2010 as amended from time to time.”
4. The present writ petition is directed against the selection proceedings dated 31.1.2014 held by the Banaras Hindu University, Varanasi (in short “the University”). The University is a Central University and is governed by the provisions of Banaras Hindu University Act and statute framed therein. The present matter pertains to appointment of Asstt. Professors, which is governed by Ordinance 11A framed by the BHU as amended from time to time.
5. Just to improve the teaching standards, the University Grants Commission (in short “UGC”) has framed the regulations on minimum qualifications and for other measures namely “University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staffs in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 (in short “the Regulations 2010”) as amended from time to time. The said Regulation of UGC was adopted by the University vide resolution of the Executive Committee of the University dated 31.8.2010, which is reproduced as under :
“Resolved that the orders of the Vice-Chancellor for adoption of UGC Regulations on minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges and measures for the maintenance of standards in Higher Education, 2010 and the follow up actions taken in this regard be approved.
Resolved further that further follow-up actions as required in these Regulations be also initiated.
Resolved still further that UGC/MHRD may be informed about discrepancies in qualification for Assistant Professor in Management where NET has not been prescribed as essential qualifications notwithstanding the fact that NET is conducted in Management.
Resolved still further that the Vice-chancellor be authorized to make the required changes in the short-listing guidelines for faculty position in the University as approved by Executive Council, in the light of the provisions of the new UGC Regulations, 2010.”
6. As the University is funded by the UGC, therefore, the directives issued by the UGC are binding on the Banaras Hindu University.
7. As per the aforesaid Regulations and Ordinance of the University a rolling advertisement was issued