Rajasthan High Court - Jodhpur
Bajrang Lal Chotia & Anr vs State Of Rajasthan & Ors on 15 December, 2017
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14014 / 2017
1. Bajrang Lal Chotia S/o Shri Kana Ram Chotia, Aged About 36
Years, By Caste Jat, Category OBC, R/o Ward No. 7, Dheerdesar
Chotiyan, Bikaner At Present Plot No. 17, Arya Niwas, Tilak Nagar,
Bikaner (Raj.).
2. Dr. Kamal Singh S/o Bhajan Lal, Aged About 39 Years, By Caste
Jatav, Category SC, R/o VPO, Gavdi, Tehsil & District Bharatpur, At
Present 06, Gangaram Nagar, Gopalpura by Pass, Durgapura,
Jaipur (Raj.).
----Petitioners
Versus
1. State of Rajasthan, Through the Secretary, Department of
Higher Education, Government of Rajasthan, Secretariat, Jaipur
(Raj.).
2. Commissioner, Commissionerate of College Education,
Government of Rajasthan, Block-IV, Dr. S. Radhakrishnan Shiksha
Sankul, Jawahar Lal Nehru Marg, Jaipur- 302015 (Raj.).
3. Rajasthan Public Service Commission, Through Its Secretary,
Ajmer (Raj.).
4. University Grants Commission (UGC), Through the Secretary,
Bahadur Shah Zafar Marg, New Delhi.
----Respondents
_____________________________________________________
For Petitioner(s) : Dr.Nikhil Dungawat
For Respondent(s) : Mr.Rajesh Punia, Mr.Anil Bissa, Mr.Digvijay
Singh, Mr.Girish Joshi
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 15/12/2017
1. This writ petition under Article 226 of the Constitution of India has been preferred with the following prayers:-
"A. By an appropriate writ, order or direction, the respondents may kindly be directed to extend the (2 of 5) [CW-14014/2017] benefit of relaxation of 5% marks at Graduate Level and for the assessment of Good Academic Record to the petitioners being a candidate belonging to SC/ST/OBC Category for the post of College Lecturer advertised vide Advertisement dated 12.01.2015 (Ann.2) B. By an appropriate writ, order or direction, the provision of relaxation of 5% marks at Graduate Level, Masters Level and for the assessment of Good Academic Record to the candidates belonging to SC/ST/OBC, Differently abled category be given effect to as mandated by the UGC Regulations of 2010 and 2016 and as the same relaxation is provided by the ordinance dated 17.10.2012 (Annex.3) of the University of Rajasthan which is adopted by the Respondent-State.
C. By an appropriate writ, order or direction, the Respondents may kindly be directed to grant appointment to the petitioners in the pursuance of the Advertisement Notification dated 12.01.2015 (Annex.2) being eligible candidate according to the Eligibility Criteria as prescribed by the Regulation of 2010 for the post of Assistant Professor/Lecturer (in the relevant subject) if otherwise found eligible.
D. By an appropriate writ, order or direction, the Advertisement dated 12.01.2015 (Annex.2) be declared illegal so far as it prescribes illegal eligibility criteria for reserved category candidates for the purpose of according appointments on the post of College Lecturer.
E. Any other appropriate order or relief, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also kindly be passed in favour of the petitioner."
(3 of 5) [CW-14014/2017]
2. Learned counsel for the parties has pointed out that the matter is covered by the judgment rendered by this Court in Lalit Kumar Vs. The University Grants Commission, New Delhi & Ors. (S.B. Civil Writ Petition No. 7545 / 2017 decided on 28/11/2017), relevant paras 13 to 19 of which read as under:-
"13. After hearing counsel for the parties and perusing the record of the case as well as the precedent law cited, this Court is of the opinion that in its legislative wisdom, the State has amended the Rule of 1986 vide notification dated 17.06.1993 and has closed all options by adopting the qualification laid down from time to time by the University Grant Commission. The State of Rajasthan has all its prerogative in its legislation but once the legislation itself adopted the UGC qualification then it was not for the State of Rajasthan to contest the case contrary to the terms of the Rules itself.
14. This Court has seen that Rules of 1986 have given the complete qualification to be laid down as per the University Grant Commission and admittedly the University Grant Commission has vide regulations dated 30th June, 2010 prescribed for recruitment and qualification in which as per the Regulation 3.3.0 the good academic record of 55 % has been made mandatory for the said post.
15. The bare reading of Regulation 3.4.1 also makes it clear that in the UGC notification, 5% relaxation is provide for the good academic record for the graduates and the post graduates level and strangely the State has abided some portion of the notification of the Regulation whereas other portion of the notification has been ignored. Admittedly the State utilizing the same Regulation has provided 5% relaxation at post graduates level but ignoring the (4 of 5) [CW-14014/2017] same notification has denied relaxation at graduate level with no possible reasons for making such discrimination.
16. This Court has seen that this notification of 2010 was absolutely binding if read in consonance with the rules of 1986 upon the State of Rajasthan and the same is further fortified by the cover note of the NCTE notification particularly condition No.1.2 and condition No. 2 which has been reproduced above which made the condition binding upon any college affiliated with the UGC.
17. This Court has seen the precedent law cited in which the overall concept of good academic record has been upheld by this Court but at the same time it was held that the good academic record was to be decided by the expert. This Court upheld the expert's opinion of stipulation of the minimum qualifications for recruitment prescribed. It is no doubt that the University Grants Commission has best experts in the country who have brought together the recruitment and qualification standards which were to be followed by every University and college.
18. It is not disputed that the all the Colleges of State of Rajasthan are affiliated to UGC. The condition of the advertisement stating that any amendment in the Rules from time to time shall govern the selection process makes it very clear that any changes in the Rules shall be governed even when the selection process is going and thus the notification of 11th July, 2016 by which University Grants Commission has amended regulation 3.4.1 by extending the scope of relaxation of 5% to the other backward classes (Creamy layer) and the same shall be applicable in the present recruitment process as per the respondent themselves.
(5 of 5) [CW-14014/2017]
19. Thus in view of the aforesaid observations the present writ petitions are allowed and the respondents are directed to provide relaxation of 5% marks at UG Level, PG Level and for assessment of good academic record to the candidates belonging to SC/ST/OBC and PH Category as being mandated by the UGC Regulations of 2010 and 2016. Since already an interim order was operating in favour of the petitioners and they have participated in the selection process for the post and the selections have not culminated into finality therefore the present order shall be applicable for all petitioners only as reinitiating the selection shall be prejudicial to all the participating candidates."
3. In light of the aforequoted judgment, the present writ petition is also allowed in the same terms and the respondents are directed to provide relaxation of 5% at UG Level, PG Level and for assessment of good academic record to the petitioner, who belongs to the OBC Category, as mandated by the UGC Regulations of 2010 and 2016. It is pertinent to mention here that an interim order is already operating in favour of the petitioner, and therefore, he has already participated in the selection process, and since the selection process has not culminated into finality, therefore, the benefit shall be accordingly granted to the petitioner.
(DR. PUSHPENDRA SINGH BHATI)J. Skant/-