Madhya Pradesh High Court
Dr. (Ms.) Deepmala Gupta vs The State Of Madhya Pradesh on 12 December, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 12 th OF DECEMBER, 2023
WRIT PETITION No. 30295 of 2023
BETWEEN:-
DR. (MS.) DEEPMALA GUPTA D/O SHRI MURALIDHAR
GUPTA, AGED ABOUT 43 YEARS, OCCUPATION:
SERVICE FLAT NO. 303/24-A, SATYAKRISHNA
RESIDENCY, SILICON CITY, INDORE (MADHYA
PRADESH)
.....PETITIONER
( BY SHRI L. C. PATNE-ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY TO THE GOVERNMENT
OF MADHYA PRADESH VALLABH BHAWAN
MANTRALAY BHOPAL (MADHYA PRADESH)
2. HONBLE CHANCELLOR DEVI AHILYA
VISHWAVID YALAYA RAJ BHAWAN BHOPAL
(MADHYA PRADESH)
3. EXECUTIVE COUNCIL DEVI AHILYA
VISHWAVIDYALAYA THROUGH ITS CHAIRMAN
NALANDA CAMPUS RNT MARG INDORE
(MADHYA PRADESH)
4. THE HONBLE VICE CHANCELLOR DEVI AHILYA
VISHWAVIDYALAYA NALANDA CAMPUS RNT
MARG INDORE (MADHYA PRADESH)
5. REGISTRAR DEVI AHILYA VISHWAVIDYALAYA
NALANDA CAMPUS RNT MARG INDORE
(MADHYA PRADESH)
6. DR. MS. SONALEE NARGUNDE HEAD SCHOOL OF
JOURNALISM AND MASS COMMUNICATION
TAKSHSHILA CAMPUS BHANWARKUA KHANDWA
ROAD INDORE (MADHYA PRADESH)
Signature Not Verified
Signed by: PRAVEEN
Signing time: 14-12-
2023 18:49:35
2
7. DR. LAKHAN RAGHUVANSHI ASSISTANT
PROFESSOR IN SCHOOL OF JOURNALISM AND
MASS COMMUNICATION TAKSHSHILA CAMPUS
BHANWARKUA KHANDWA ROAD INDORE
(MADHYA PRADESH)
.....RESPONDENTS
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
The petitioner has filed the present Writ Petition challenging the order dated 07.10.2023 issued by the respondent No.4 and 5 whereby the respondent No.7 has been appointed as Assistant Professor in School of Journalism and Mass Communication.
2. The petitioner is having Bachelor Degree as well as Post Graduate Degree in Journalism and Mass Communication from DAVV, Indore in the year 2005 and 2008 respectively. Thereafter, she did M.Phil and Ph.D in the year 2009 and 2015 from DAVV. The petitioner has also cleared National Eligibility Test conducted by the UGC. The petitioner is also having Degree of MA in Hindi Literature and Master of Social Work Degree. According to the petitioner, she possesses teaching experience of more than 18 years in the field of journalism from the year 2005 onwards. The UGC Regulations, 2018 provides essential educational qualification for the post of Assistant Professor in any of the University such as master degree with 55 % of marks in the concerned subject, NET/SLET in the concerned subject, Ph.D degree in concerned subject in accordance with provisions of UGC.
3. The respondent No.4/University has issued an advertisement dated 30.03.2022 inviting applications from aspirants for the post of Assistant Signature Not Verified Professor in Department of Mass Communication and Journalism. As many as Signed by: PRAVEEN Signing time: 14-12- 2023 18:49:35 3 59 applications were received from all over part of country. The Micro Level Scrutiny Committee was constituted by the respondent No.5 to examine the educational qualification of all the candidates. A list was published in which the petitioner as well as respondent No.7 both have been declared eligible for the post of Assistant Professor, thereafter all the eligible candidates called upon to attained the interview on 21.08.2023. The petitioner appeared and performed very well in the interview and she was hopeful to get an appointment but vide impugned order dated 07.10.2023, the respondent No.7 has been appointed on the post of Assistant Professor. The petitioner submitted various representation to all the respondents challenging the appointment of the respondent No.7 inter alia on the ground he does not possess the requisite educational qualification for appointment on the post of Assistant Professor in as much as he obtained the Ph.D Degree in the subject of performing Arts from Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya, Wardha (MH) on the topic '' Role of Mass Media in Promoting Hindi Cinema (Special Context-Films Doing 100 Crore Business''). According to the petitioner as per UGC norms Journalism and Mass Communication and Performing Arts are two different subject, therefore, the Ph.D in subject Performing Arts is not liable to be considered for the appointment to the post of Assistant Professor of the Journalism and Mass Communication. It is further submitted that the petitioner is more qualified and eligible candidates for the post as she obtained all the Degrees from DAVV and having experience, therefore, she should have been appointed on the post in question.
4. The only ground on which the petitioner is challenging the appointment of respondent No.7 is that he does not possess Ph.D Degree in the Signature Not Verified Signed by: PRAVEEN Signing time: 14-12- 2023 18:49:35 4 concerned/allied subject Journalism and Mass Communication. The relevant part of the advertisement is reproduced:
''(3)Eligibility for Lecturer/Assistant Professor (Department/School (s) of Chemical Sciences, Computer Science & IT, Instrumentation, Journalism & Mass Communication, Life Sciences, Mathematics, Physics, Statistics) [For concerned/Allied/Relevant discipline, Master's degree should be in subjects/Branches as given at Sl No 12 (page no 14)] Eligibility (A or B):
A.
(i) A Master's degree with 55% marks (or an equivalent grade in a point-scale wherever the grading system is followed) in a concerned/relevant/allied subject from an Indian University, or an equivalent degree from an accredited foreign university.
(ii) Besides fulfilling the above qualifications, the candidate must have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR or a similar test accredited by the UGC, like SLET/SET or who are or have been awarded a Ph.D Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil/Ph.D Degree) Regulations, 2009 or 2016 and their amendments from time to time as the case may be, shall be exempted from NET/SLET/SET:
Provided, the candidates registered for the Ph.D. programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances/By- laws/Regulations of the Institution awarding the degree and such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfillment of the following conditions:Signature Not Verified Signed by: PRAVEEN Signing time: 14-12- 2023 18:49:35 5
i. The Ph.D. degree of the candidate has been awarded in regular mode;
ii. The Ph.D. thesis has been evaluated by at least two external examiners;
iii. An open Ph.D. viva voce of the candidate has been conducted;
iv. The candidate has published two research papers from his/her Ph.D. work, out of which at least one is in a refereed journal;
v. The candidate has presented at least two papers based on his/her Ph.D. work in conferences/seminars sponsored/funded/supported by the UGC/ ICSSR/ CSIR or any similar agency.
The fulfillment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned.
(iii) NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted by the UGC, CSIR or similar test accredited by the UGC, like SLET/SET.
OR B. The Ph.D. degree has been obtained from a foreign university/institution with a ranking among top 500 in the World University Ranking (at any time) by any one of the following: (i) Quacquarelli Symonds (QS) (ii) the Times Higher Education (THE) or (iii) the Academic Ranking of World Universities (ARWU) of the Shanghai Jiao Tong University (Sanghai).''
5. The aforesaid advertisement clarifies that for concerned/allied /Relevant discipline, Master's degree should be in subjects/ Branches as given at serial No.12 (page No.14), therefore, the respondent No.7 is having Master Degree with 55% in Journalism and Mass Communication and as per A (ii) besides fulfilling the above qualifications, the candidate must have cleared the Signature Not Verified Signed by: PRAVEEN Signing time: 14-12- 2023 18:49:35 6 National Eligibility Test (NET) or who are or have been awarded a Ph.D Degree in accordance with the UGC (Minimum Standard and Procedure for Award of M.Phil/Ph.D Degree) Regulations, 2009 or 2016. It is also not in dispute that the respondent No.7 is having Ph.D Degree as per Regulations. The grievance of the petitioner is only in respect of topic/subject of the Ph.D. The respondent No.7 did research in subject '' Hindi Cinema Ke Prachar Me Janmadhyamo Ki Bhoomika'' that is a role of Mass Media in promotion of Hindi Cinema. For promotion of Cinema, Mass Media and Journalism plays important role, therefore, it cannot be said that the topic on which the respondent No.7 did research to get Ph.D Degree is alien to the Journalism and Mass Communication.Apart from that the respondent No.7 has Post Graduate Degree in Journalism and Mass Communication.
6. Even otherwise, the University constituted scrutiny committee for the purpose of scrutiny of applications forms of candidates who applied for the post of Lecturer/Assistant Professors, Department /School of Journalism and Mass Communication. After examination, the respondent No.7 has been declared eligible, therefore, once the committee of the experts has examined the educational qualification of the respondent No.7 and declared him eligible, therefore, this Court cannot re-examined as an Appellate forum to set aside the findings given by the experts committee in the filed. In case of Tajvir Singh Sodhi & Ors vs. The State of Jammu and Kashmir & Ors, reported in 2023 SCC OnLine SC 344, the Court has the interference of the Court in respect of selection process for public employment and held as under:
''65. Before proceeding further, it is necessary to preface our judgment with the view that Courts in India generally avoid interfering in the selection process of public employment, recognising the importance of maintaining Signature Not Verified Signed by: PRAVEEN Signing time: 14-12- 2023 18:49:35 7 the autonomy and integrity of the selection process. The Courts recognise that the process of selection involves a high degree of expertise and discretion and that it is not appropriate for Courts to substitute their judgment for that of a selection committee. It would be indeed, treading on thin ice for us if we were to venture into reviewing the decision of experts who form a part of a selection board. The law on the scope and extent of judicial review of a selection process and results thereof, may be understood on consideration of the following case law:
i) In Dalpat Abasaheb Solunke vs. Dr. B.S. Mahajan, AIR 1990 SC 434, this Court clarified the scope of judicial review of a selection process, in the following words:
"9...It is needless to emphasise that it is not the function of the court to hear appeals over the decisions of the selection committees and to scrutinise the relative merits of the candidates. Whether the candidate is fit for a particular post or not has to be decided by the duly constituted selection committee which has the expertise on the subject. The court has no such expertise. The decision of the selection committee can be interfered with only on limited grounds, such as illegality or patent material irregularity in the constitution of the committee or its procedure vitiating the selection, or proved malafides affecting the selection etc....."
ii) In a similar vein, in Secy. (Health) Deptt. Of Health & F.W. vs. Dr. Anita Puri, (1996) 6 SCC 282, this Court observed as under as regards the sanctity of a selection process and the grounds on which the results thereof may be interfered with:
"9. ... It is too well settled that when a selection is made by an expert body like the Public Service Commission which is also advised by experts having technical experience and high academic qualification in the field for which the selection is to be made, the courts should be slow to interfere with the opinion expressed by experts unless allegations of mala fide are made and Signature Not Verified Signed by: PRAVEEN Signing time: 14-12- 2023 18:49:35 8 established. It would be prudent and safe for the courts to leave the decisions on such matters to the experts who are more familiar with the problems they face than the courts. If the expert body considers suitability of a candidate for a specified post after giving due consideration to all the relevant factors, then the court should not ordinarily interfere with such selection and evaluation......."
iii) This position was reiterated by this Court in M. V. Thimmaiah vs. Union Public Service Commission, (2008) 2 SCC 119, in the following words:
"21. Now, comes the question with regard to the selection of the candidates. Normally, the recommendations of the Selection Committee cannot be challenged except on the ground of mala fides or serious violation of the statutory rules. The courts cannot sit as an Appellate Authority to examine the recommendations of the Selection Committee like the court of appeal. This discretion has been given to the Selection Committee only and courts rarely sit as a court of appeal to examine the selection of the candidates nor is the business of the court to examine each candidate and record its opinion...
30. We fail to understand how the Tribunal can sit as an Appellate Authority to call for the personal records and constitute Selection Committee to undertake this exercise. This power is not given to the Tribunal and it should be clearly understood that the assessment of the Selection Committee is not subject to appeal either before the Tribunal or by the courts. One has to give credit to the Selection Committee for making their assessment and it is not subject to appeal. Taking the overall view of ACRs of the candidates, one may be held to be very good and another may be held to be good. If this type of interference is permitted then it would virtually amount that the Tribunals and the High Courts have started sitting as Selection Committee or act as an Appellate Authority over the selection. It is not their domain, it should be clearly understood, as has been clearly held by this Court Signature Not Verified Signed by: PRAVEEN Signing time: 14-12- 2023 18:49:35 9 in a number of decisions....."
iv) Om Prakash Poplai and Rajesh Kumar Maheshwari vs. Delhi Stock Exchange Association Ltd., (1994) 2 SCC 117, was a case where an appeal was filed before this Court challenging the selection of members to the Delhi Stock Exchange on the ground that the Selection Committee formed for the aforesaid purpose, arbitrarily favoured some candidates and was thus, against Article
14. This Court rejected the allegation of favouritism and bias by holding as under: "5. ...the selection of members by the Expert Committee had to be done on the basis of an objective criteria taking into consideration experience, professional qualifications and similar related factors. In the present cases, we find that certain percentage of marks were allocated for each of these factors, namely, educational qualifications, experience, financial background and knowledge of the relevant laws and procedures pertaining to public issues etc. Of the total marks allocated only 20 per cent were reserved for interviews. Therefore, the process of selection by the Expert Committee was not left entirely to the sweet-will of the members of the Committee. The area of play was limited to 20 per cent and having regard to the fact that the members of the Expert Committee comprised of two members nominated by the Central Government it is difficult to accept the contention that they acted in an unreasonable or arbitrary fashion......"
7. In view of above discussion and judgment passed by the Apex Court, I do not find any ground to interfere with the impugned order. Writ Petition is dismissed, accordingly.
(VIVEK RUSIA) JUDGE Praveen Signature Not Verified Signed by: PRAVEEN Signing time: 14-12- 2023 18:49:35 10 Signature Not Verified Signed by: PRAVEEN Signing time: 14-12- 2023 18:49:35