Patna High Court - Orders
Ranjeet Pratap Pandit vs The Bihar Agriculture University & Ors on 15 May, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5768 of 2014
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Rakesh Kumar Prasad & Ors
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.8700 of 2014
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Dr. Shagufta Perveen
.... .... Petitioner/s
Versus
Bihar Agricultural University & Ors
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.3191 of 2014
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Hem Chandra Choudhary
.... .... Petitioner/s
Versus
The Rajendra Agriculture University & Ors
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.23724 of 2013
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Ranjeet Pratap Pandit
.... .... Petitioner/s
Versus
The Bihar Agriculture University & Ors
.... .... Respondent/s
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Appearance :
(In CWJC No.5768 of 2014)
For the Petitioner/s : Mr. Y.V.Giri, Sr.Adv.
(In CWJC No.8700 of 2014)
For the Petitioner/s : Mr. Manau Kr. Mishra, Sr.Adv.
(In CWJC No.3191 of 2014)
For the Petitioner/s : Mr. Bindhyachal Singh, Adv.
(In CWJC No.23724 of 2013)
For the Petitioner/s : Mr. Satya Prakash, Adv.
For the University RAU/BAU: Dr. Anil Kumar Upadhaya, Adv.
(In all the cases) Mr. Chandra Mohan Singh, Adv.
Mr. Samir Kumar Sinha, Adv.
For I.C.A.R. : Mr. S.N.Pathak, Sr.SCCG
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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
Patna High Court CWJC No.5768 of 2014 (3) dt.15-05-2014 2
ORAL ORDER
3 15-05-2014I.A.No. 2902/2014 Mr. Y.V.Giri, learned Senior counsel pressing I.A.No. 2902/2014 in C.W.J.C. No. 5768 of 2014 seeks permission to delete the name of respondent no.11, namely, The Chancellor of the University, Chancellors Secretariat, Raj Bhawan, Patna.
I.A.No. 2902/2014 is, accordingly, allowed at the risk of the petitioner.
Learned counsel for the petitioners prays for and is allowed to implead Indian Council for Agriculture Research (I.C.A.R.) through its Secretary as respondent no. 11, 12, 8, 10 respectively in all these four writ applications.
Let two copies of the writ application be, accordingly, served on Mr. S.N.Pathak, who usually appears for ICAR in this Court.
Learned counsel for the petitioners prays for and is allowed time till tomorrow to file a fresh copy of Annexure 6A on affidavit with its true typed copy.
Heard learned counsel for the parties.
In all these four writ applications the issue is one and the same, namely, what is the statutory qualification for the post of Subject Matter Specialist (S.M.S.) in Agriculture University. Patna High Court CWJC No.5768 of 2014 (3) dt.15-05-2014 3 There is only one communication of Senior Scientist, Kolkatta of the Indian Council of Agriculture Research dated 2.2.2008 addressed to the Director, Extension Education, Rajendra Agriculture University, wherein as per telephonic discussion he had sent certain information with regard to qualification of as many as nine posts including for the post of Subject Matter Specialist for which essential qualification was stated to be Masters degree in the relevant subject and two years experience of working in Krishi Vigyan Kendra (KVK) as desirable qualification.
It is on record that despite this communication when the University had advertised the post of SMS it had not only prescribed the qualification of Masters degree in the relevant subject but also made requirement of passing NET compulsory in the sense that a time period of three years was given to the candidate not passing NET qualification failing which his service could be terminated.
Now in view of the above when the persons appointed on the post of SMS are sought to be terminated by the University on account of their having not passed NET examination even in the extended period of five years, a question has been raised by them in this writ application that if I.C.A.R. itself has not made the Patna High Court CWJC No.5768 of 2014 (3) dt.15-05-2014 4 requirement of passing the examination of NET as a compulsory qualification for appointment on the post of S.M.S., their services cannot be dispensed with by the University because all these schemes in which the petitioners are working as S.M.S. are being not only funded but controlled by ICAR.
In such a situation before this Court would come to any final conclusion it would definitely like to know from the ICAR its stand with regard to following facts on affidavit:-
(i) Does ICAR have the power to prescribe the qualification for the post of SMS and if so, under which authority?
(ii) Has the ICAR as a matter of fact at any point of time laid down the qualification for the post of SMS and if so, such decision of ICAR right from the beginning till today.
(iii) Is the post of S.M.S. a teaching post and whether any decision in this regard of the post of S.M.S. being teaching or non-
teaching post has been taken by I.C.A.R.?
(vi) Was the Senior Scientist working in the Regional Office of ICAR at Kolkata empowered and justified in acting upon the telephonic communication of the Director of Extension Education of the Agriculture University and also correct in sending his letter dated 2.2.2008 and whether his such information sent vide Annexure 6A to the writ application was/is in Patna High Court CWJC No.5768 of 2014 (3) dt.15-05-2014 5 accordance with any previous decision taken by the ICAR from time to time.
In view of importance of the matter, the Secretary, ICAR himself will swear counter affidavit and file the same with supporting documents within a period of two weeks.
As the impugned order intends to terminate the services of the petitioners with effect from 9.6.2014 let these cases be placed for further hearing in admission matter during summer vacation on 3.6.2014 before this Court.
Let a copy of this order be given to Mr. S.N.Pathak, learned counsel for ICAR as also to Mr. Upadhya, learned counsel for the University for its being communicated immediately to ICAR.
(Mihir Kumar Jha, J) surendra/-