Himachal Pradesh High Court
Sunny Banyal & Ors. vs . State Of H.P. & Ors. on 28 July, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Sunny Banyal & Ors. Vs. State of H.P. & Ors.
CWP No.3097 of 2023 .
28.07.2023 Present: Mr. Ashwani Sharma, Advocate, for the petitioners.
Mr. Y.P.S. Dhaulta and Mr. Varun Chandel, Additional Advocates General with Ms. Seema Sharma, Deputy Advocate General, for respondents No.1 and 2.
Mr. Prashant Sharma, Advocate, for respondent No.3.
Mr. Neel Kamal Sharma, Advocate, for respondent No.4.
Mr. Vikrant Thakur, Advocate, for respondent No.5.
This writ petition has been filed for the grant of following substantive prayers:-
"(i) That Writ of Certiorari be issued by quashing the impugned Order dated 17-4-2023 (Annexure P-9).
(ii) That a writ of Certiorari be issued to declare the Clause-
7 sub-clause (a)(I) of R & P Rules, 2018 for the post of Assistant Professor, college cadre, which provides "Post Graduation with 55% Marks in the relevant subject" as illegal, erroneous being not in consonance with UGC Regulation/Notification dated 18th July, 2018.
(iii) That a Writ of Mandamus be issued by directing the respondent authorities to substitute/amend the Essential qualification provided in sub-clause (a)(I) clause 7 of R & P rules with "A Master's Degree with 55% marks in a concerned/relevant/allied subject" in order to make it in confirmation with UGC Regulation dated 18th July, 2018 which is mandatory and binding in nature.
(iv) That a Writ of Mandamus be issued by directing the State Government to form a committee of experts in order to ascertain that the subjects of Microbiology/ Biotechnology can be stated to be in concerned/ relevant/allied subject of Botany, Zoology.
(v) Based on such decision of the State Government the question of eligibility of the petitioners in terms of the UGC Regulations of 2018 be judged and if the petitioners are found eligible then they be permitted to participate in the selection process going to be conducted by the HPPSC vide Advertisement No.17/04/2022 for the post ::: Downloaded on - 28/07/2023 21:03:18 :::CIS of AP, Botany on dated 24-5-2023 and for the subject of Zoology on dated 26-5-2023.
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(vi) Writ of prohibition be issued by restraining the respondent authorities from conducting the selection process for the post of Botany, College Cadre vide Advertisement No.17/04/2022 till the receiving of report of Subject Experts in order to determine the eligibility of the petitioners."
2. Vide order dated 23.05.2023, the petitioners were provisionally allowed to participate in the written examination for the post of Assistant Professor (Botany and Zoology) scheduled to be held w.e.f. 24.05.2023 to 26.05.2023 with the rider that such participation shall not create any equity or right in favour of the petitioners.
In compliance to the above order, the petitioners have been provisionally allowed to participate in the written examination.
3. According to the petitioners, their Post-Graduate Degrees in Microbiology and Biotechnology are to be treated as allied to the Post-Graduate Degree in the subjects of Botany and Zoology. This is disputed by learned counsel appearing for the respondents. During hearing of the case, learned counsel for the parties agreed that for resolving prayer No.(iv) of the petitioners (extracted above) as to whether the Post Graduate Degrees obtained by the petitioners in the subjects of Microbiology and Biotechnology are allied to the subjects of Botany and ::: Downloaded on - 28/07/2023 21:03:18 :::CIS Zoology, the matter can be referred to the State Level .
Board of Equivalence Committee.
4. In the aforesaid circumstances, it would be appropriate and in the interest of justice to refer this area of dispute between the parties, i.e. whether the Post-
Graduate Degrees obtained by the petitioners in the r of to subjects of Microbiology and Biotechnology are allied to the subjects Botany and Zoology advertised respondents for the post of Assistant Professor (Botany by the and Zoology), to the State Level Equivalence Committee.
Ordered accordingly. The Equivalence Committee shall decide this question in accordance with law and applicable rules/regulations/instructions/guidelines etc. within a week. The decision be placed before the Court on the next date of hearing.
List on 07.08.2023.
Jyotsna Rewal Dua
July 28, 2023 Judge
Mukesh
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