Gauhati High Court
Kumari Angom Sarjubala Devi vs Manipur Public Service Commission And ... on 26 June, 2000
JUDGMENT
1. Heard Mr. Ch. Joychandra Singh, learned counsel for the petitioner, Heard also Mr. A. Jagatchandra Singh, learned Addl. G.A. as well as Mr. Kh. Nimaichand Singh, learned Addl. G.A. appearing for respondents in WP (C) No. 716/2000 represented by Mr. L. Sharat Sharina, learned counsel
2. Advertisement dated 21st November, 1998 was issued calling for applications for the purpose of recruitment to various posts of lecturer in various disciplines/subjects including one post of Environmental Science. The last date for submission of applications was 11.12.1998. The writ petitioner, Km. A. Sarjubala Devi, submitted application. It may, however, be stated that at the relevant time, she did not possess eligibility conditions inasmuch as she had not passed NET test. Though submission of application was closed as early as in December, 1998., tests/interviews were held only from 15th May, 2000 to 15th June, 2000. As none having requisite qualification submitted application for the subject "Environmental Science, the said subject was not included in the aforesaid scheduled for interviews. In the meantime, the writ petitioner obtained certificate of having passed NET on 9th May, 2000. The writ petitioner then approached this Court by filling the present petition for issuing a direction to the Manipur Public Service Commission to include the subject of Environmental Science to interview the writ petitioner. On 5.6.2000, it was recorded by this Court that there was none who could represent the Commission on that date. It was, further, expressed by this Court that the Commission should be represented. On 8.6.2000 when the matter was listed again before this Court, Mr. Jagatchandra Singh representing the Commission stated that instruction had been received and a counter will be filed. Counter has since been filed.
3. Mr. A Jagatchandra Singh, learned Addl. G.A. submits that the writ petitioner had not passed M.Sc. when the first advertisement was issued on 24.2.1998 : when the second advertisement was issued on 21st November, 1998, only in a plain sheet the writ petitioner had stated that she had then passed M.Sc. examination. This, according to the Commission, was not acceptable. It has been pointed out by Mr. Joychandra Singh, learned counsel for the writ petitioner as against this contention that submission on a plain sheet to supplement the earlier application is clearly indicated and allowed by the second advertisement. The second submission as contended in the affidavit of the Commission is that on 11.12.1998 which was the last date for submission of application, the writ petitioner was not yet an eligible person as she did not obtain NET Certificate. When the dated of interview were actually notified on 17th April, 2000, the petitioner was not yet eligible. Only on 9th May, 2000 the writ petitioner became eligible. As indicated above interviews were scheduled form 15th May, 2000 to 15th June. 2000.
4. The only claim of the writ petitioner is that since she was already eligible before interviews were held, she could have been allowed to face the interview inasmuch as she was already an eligible person at the time of interview. Mr. Joychandra Singh submits that the petitioners was not able to obtain necessary direction to appear before the aforesaid interview as time was asked for on behalf of the Commission and in the meantime, the interviews were over.
5. I am aware that many are not able to fulfil the eligibility conditions laid down for the purpose of recruitment of college lectures particularly in terms of the guidelines issued by the UGC and also in terms of the conditions laid down in the advertisement. For want of educational qualification we would have await for somebody to become eligible to fill up the post of one Environmental Science. Fortunately by now we have one person and in fact the writ petitioner was already eligible for consideration for recruitment to the said post before the interview were held. To schedule another date to interview the writ petitioner for the subject of Environmental Science against one post, in my view, will not cause much inconvenience to the Commission or to any one nor will such action prejudice the interest of any one.
6. It is contended by Mr. L. Sharat Sharma, learned counsel for the petitioner in W.P. (C) No. 716/2000 that the writ petitioner in W.P. (C) No. 686/2000 is not an eligible person yet inasmuch as the eligibility condition of NET has not been certified by the authorities mentioned in the advertisement, namely National Eligibility Test/JRF conducted by UGC/CSIR, inasmuch as the certificate of NET passed by the writ petitioner was issued by ICAR, which according to Mr. Sharat Sharma is not recognise by the Commission. At this stage, it may be stated that on the instruction received from the Commission Mr. Kh. Nimaichand Singh, learned Addl. G.A. states that as of now, that is from the year 2000 NET certificate issued by the ICAR is also recognised by the UGC and therefore, is acceptable. Be that as it may, this aspect of the matter is to be examined by the Commission and not by this Court. However, since the petitioner claims that she posses required qualifications laid down by the Commission and also in view of the need of qualified persons for that particular subject of Environmental Science, in my view it would be fair that the petitioner is allowed to face the interview.
7. In the result, this petition is disposed of with the direction that the Commission shall fix a particular date for the purpose of interviewing this writ petition. This shall be done within two months from the date of receipt of this order.
Furnish copy of this order to Mr. A Jagatchandra Singh, learned Addl. G.A. for doing the needful.