Punjab-Haryana High Court
Dipan Wita Singha Roy vs Punjabi University on 3 September, 2012
Author: Rajiv Narain Raina
Bench: Hemant Gupta, Rajiv Narain Raina
LPA No.1888 of 2011 (O&M) and
LPA No.412 of 2012 (O&M)
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
1. LPA No.1888 of 2011 (O&M)
Dipan Wita Singha Roy ..... Appellant
Versus
Punjabi University, Patiala and others ..... Respondents
2. LPA No.412 of 2012 (O&M)
Punjabi University, Patiala ..... Appellant
Versus
Dr. Micky Verma and others ..... Respondents
Date of Decision: 03.09.2012
CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Pawan Kumar, Sr. Advocate,
with Mr. Anshuman Mandhar, Advocate,
for the appellant in LPA No.1888 of 2011.
Mr. Kanwaljit Singh, Sr. Advocate,
with Mr. Paramjit, Advocate,
for the appellant in LPA No.412 of 2012 and
for respondent No.1 in LPA No.1888 of 2011.
Mr. Amit Rao, Advocate,
for respondent No.2 in LPA No.1888 of 2011.
Mr. K.V.S. Kang, Advocate,
for respondent No.3 in LPA No.1888 of 2011.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
RAJIV NARAIN RAINA, J.
This order will dispose of LPA No.1888 of 2011 filed by Dipan Wita Singha Roy and connected LPA No.412 of 2012 filed by Punjabi LPA No.1888 of 2011 (O&M) and LPA No.412 of 2012 (O&M) -2- University Patiala against the order dated 08.09.2011 passed by the learned Single Judge of this Court in CWP No.4112 of 2010 from which the present Letters Patent Appeal arises.
The writ petition has been partly allowed and the selection and appointment of the 2nd respondent - appellant (for short "the appellant) as Lecturer, Department of Dance at the Punjabi University, Patiala has been set aside. A fresh selection has been ordered. The short controversy involved in the appeal is whether the appellant was qualified for the post advertised. The advertised qualification for the post of Lecturer in the Department of Dance is as follows:-
"Dance Good Academic record with at least 55% marks or an equivalent grade of B in the 7 point scale with latter grades O,A,B,C,D,E & F at the Master's degree level, in the relevant subject or an equivalent degree from an Indian/Foreign University.
Besides fulfilling the above qualifications, candidates should have cleared the eligibility test (NET) for lecturers conducted by the UGC, CSIR or similar test accredited by the UGC OR A traditional or a professional artist with a highly commendable professional achievement in the concerned subject:
Note: "NET shall remain the compulsory requirement for appointment as lecturer for those with post graduate degree. However, the candidates having Ph.D. degree in the concerned subject are exempted from NET for PG level and UG level teaching. The candidates having M.Phill degree in the concerned subject are exempted from NET for UG level teaching only."
LPA No.1888 of 2011 (O&M) and LPA No.412 of 2012 (O&M) -3- Good academic record will be determined as under:
"Master's degree in the relevant subject with 55% marks and second class (50%) in the Bachelor's degree."
The appellant possess the following qualifications:-
"She earned her B.A. (Hons.) English from the University of Delhi with 41% marks. She did her M.A. in Kathak Dance from the Indira Kala Sangeet Vishwavidyalaya Khariragarh, (IKSV) securing 76.93% marks and earned her Ph.D. degree from the said University in 2008. Besides, she possess the three years diploma (Hons.) in Kathak and two years post diploma in Kathak. She had qualified the Punjabi Prabodh examination from the languages Department of Punjabi University, Patiala which is also a condition for appointment."
In order to resolve the issue, as to whether the appellant was eligible for appointment, two vital documents are necessary to examine at first. One is the report dated 19.12.2003 (P-6) contained in Volume 1 prepared by Justice S.C. Aggarwal, retired Judge of the Supreme Court of India acting as Commissioner in respect of matters referred to His Lordship under the order dated 12.10.2001 passed by the Supreme Court as clarified by its further order dated 01.03.2002. It has been pointed out that the report of the Commissioner has been accepted by the Supreme Court in the order dated 12.10.2004 passed in Civil Appeal No.6098 of 1997 titled as State of Bihar & others vs. Bihar Rajya M.S.E.S.K.K.Mahasangh & others and connected cases. It has been concluded that it is for the University to take a final decision concerning the qualifications of individual employees. It has been held that the "decision in individual cases, with due regard to the qualification of each employee and corresponding statute applicable at the LPA No.1888 of 2011 (O&M) and LPA No.412 of 2012 (O&M) -4- relevant time prescribing qualifications, if any, for the teaching and non- teaching posts, shall be taken by the universities based on the findings in the report of Justice Agrawal Commission and in the light of the legal position explained above". The qualifications for the post of Lecturer in Music have been considered by Justice Aggarwal in the report in the following terms:-
"For the post of Lecturer in Music the essential qualification was degree or diploma in Hindustani, Karnatak, Western (vocal or instrumental) music, as may be specified, of a recognized institution of repute. A question has arisen as to the meaning of the words 'recognized institution of repute'. Does it mean recognized by the University concerned in which appointment is being made or it would also cover recognition by any other authority, e.g., the State Government or the Central Government of the University Grants Commission. In my view the words are wide enough to mean recognition of the institution by the University concerned or by the State Government or the Central Government or the University Grants Commission.
As regards the Postgraduate qualification in Music, it has been pointed out that there are two recognized institutions, which award degrees/diplomas in Music. One is the Prayag Sangeet Samiti at Allahabad, which awards the degrees of 'Sangeet Prabhakar' and 'Sangeet Praveen'. Another institution is 'Prachin Kala Kendra, Chandigarh, which awards diplomas in 'Sangeet Visharad' and 'Sangeet Bhaskar'. A number of Universities in the country including the Bhagalpur University and Bihar University in Bihar and a number of State Governments have recognized the aforementioned degrees/diplomas of these institutions. The degrees of Sangeet Praveen and Sangeet Bhaskar are treated LPA No.1888 of 2011 (O&M) and LPA No.412 of 2012 (O&M) -5- as equivalent to M.A. in Music. While Sangeet Prabhakar and Sangeet Visharad are treated as equivalent to B.A. in Music.
For the purpose of considering the minimum qualifications in Music, I would proceed on the basis that degree of 'Sangeet Praveen' and Diploma in 'Sangeet Bhaskar' are equivalent to Post Graduate qualification in Music and the degree of 'Sangeet Prabhakar' and Diploma in 'Sangeet Visharad' have to be treated as equivalent to Graduate qualification in Music."
The second vital document is the Syndicate decision Annexure P-8/A=R-2/3 of Punjabi University, Patiala approving the recommendations of the Regulation Committee in its meeting held on 05.10.2005 which reads as follows:-
"33.12 The recommendations made in the meeting of the faculty of arts and culture held on 21.3.2005 that the students who do not possess music as a subject in B.A. but who have diploma of Sangeet Visharad (Prachin Kala Kendra Chandigarh) or Sangeet Parbhakar (Paryag Sangeet Samiti, Allahabad should be treated as eligible for admission to M.A. Music (Vocal and Instrumental Part I) are approved. The house has noted that this ordinance/regulation has been accepted in the meeting dated 5.10.2005."
The appellant has however placed on record the information received under RTI Act disclosing the qualifications for the post of Lecturer in Dance.
We have heard Mr. Pawan Kumar, learned Senior counsel with Mr. Anshuman Mandhar, Advocate for the appellant and Mr. Kanwaljit Singh, learned Senior counsel with Mr. Paramjit, Advocate for respondent No.1 and Mr. Amit Rao, Advocate for respondent No.2 and Mr. K.V.S. LPA No.1888 of 2011 (O&M) and LPA No.412 of 2012 (O&M) -6- Kang, Advocate for the writ petitioner-respondent No.3 in appeal.
Mr. Kang points out from the advertisement that there is no special mention of the subject of Dance in the advertisement while there is a specific item (d) which lays down the qualifications for the post of Lecturer in Music. He also points out that good academic record has to be determined in the manner laid down in asterix mark which shows that 55% marks are required for the Masters Degree and 50% for the Bachelor Degree. He submits that the appellant does not hold a Bachelors degree with 50% marks. He is unable to show why dance would not fall in Clause (a) which is generic of Arts & Social Sciences. He further points out that the appellant qualified Sangeet Prabhakar in Kathak from Prayag Sangeet Samiti, Allahabad in 1996 securing 85.3% marks while simultaneously pursuing the B.A. (Hons.) English three year degree course at the University of Delhi and completing it in 1998 securing 41% marks. This shows that both educational programmes were being pursued together and this overlapping of studies creates serious doubt as to the authenticity of pursuing parallel studies at Allahabad. We, however, find no factual foundation in the petition to raise this argument. It is a question the answer of which would depend on rules permitting or no. Since the rules, if any, governing the subject have not been placed before us to show if there is any prohibition or legal impediment in pursuing two courses at the same time we are not inclined to entertain such plea for the first time in appeal. Since the Supreme Court had left the matter of qualifications within the decision making domain of the universities and that the respondent-University took a decision holding Sangeet Prabhakar from Prayag Sangeet Samiti, Allahabad LPA No.1888 of 2011 (O&M) and LPA No.412 of 2012 (O&M) -7- as a permissible qualification for admission to the M.A. Music (Vocal and Instrumental) programme in the University of such students who did not have Music as a subject in B.A., the diploma would be recognized equivalent to the B.A. degree. Therefore, if the diploma stands in good stead for admission to M.A then it would be good towards eligibility for seeking employment.
Be that as it may, the Syndicate decision 370 of 10.02.2006 of the Punjabi University, Patiala has not been challenged in the writ petition. Besides, the decision of expert bodies in the matter of equivalence of diplomas and degrees would not normally warrant interference in writ jurisdiction since they are the best judges of their own teaching requirements. We do not see any infirmity in the selection of the appellant as Lecturer which called for interference and that too after delay.
For the foregoing reasons, both the appeals are allowed. The order of the learned Single Judge is set aside and the writ petition is ordered to be dismissed. However, the parties are left to bear their own costs.
(HEMANT GUPTA) (RAJIV NARAIN RAINA)
JUDGE JUDGE
03.09.2012
manju