Himachal Pradesh High Court
Varsha Rani D/O Sh. Vidya Prakash R/O vs State Of Himachal Pradesh Through on 21 June, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 21st DAY OF JUNE, 2022
.
BEFORE
THE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE
&
THE HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA, JUDGE
CIVIL WRIT PETITION NO. 3931 OF 2022
Between
VARSHA RANI D/O SH. VIDYA PRAKASH R/O
VILLAGE NERI, PO BUDHAN, TEHSIL
BANGANA, DISTT. UNA, H.P.
r ....PETITIONER.
(BY MR. MANDEEP CHANDEL, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
PRINCIPAL SECRETARY (EDUCATION) TO THE
GOVT. OF HIMACHAL PRADESH;
2. DIRECTOR, HIGHER EDUCATION, LALPANI,
SHIMLA;
3. THE SECRETARY (UNIVERSITY GRANTS
COMMISSION) MINISTRY OF HUMAN
RESOURCE DEVELOPMENT, GOVT. OF INDIA,
BAHADUR SHAH ZAFAR MARG, NEW DELHI;
4. HIMACHAL PRADESH UNIVERSITY
THROUGH ITS REGISTRAR SUMMER HILL,
SHIMLA, H.P;
5. HIMACHAL PRADESH PUBLIC SERVICE
COMMISSION, NIGAM VIHAR, H.P. THROUGH
ITS SECRETARY.
....RESPONDENTS
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2
(MR. ASHOK SHARMA, ADVOCATE
GENERAL WITH MR. VINOD THAKUR,
ADDL. ADVOCATE GENERAL FOR
.
RESPONDENTS NO.1 AND 2)
(MR. PRASHANT SHARMA, ADVOCATE,
FOR RESPONDENT NO.3)
(MR. SURENDER VERMA, ADVOCATE, FOR
RESPONDENT NO.4.)
(MR. VIKRANT THAKUR, ADVOCATE, FOR
RESPONDENT NO.5)
_________________________________________________
This civil writ petition coming on for orders this day, Hon'ble
Mr. Justice Tarlok Singh Chauhan, passed the following:
ORDER
Notice. Mr. Vinod Thakur, learned Additional Advocate General, Mr. Prashant Sharma, Advocate, Surender Verma, Advocate and Mr. Vikrant Thakur, Advocate, accept notice on behalf of the respective respondents.
2. The instant petition has been filed for the grant of following substantive relief(s):
"(i) That a writ of certiorari be issued to declare the Clause-7 sub clause (a)(1) 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 18.7.2018.
(ii) That a writ of mandamus be issued by directing the respondent authorities to substitute/amend the essential qualification provided in sub-clause (a) (1) 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 18.7.2018 which is mandatory and binding in nature.::: Downloaded on - 21/06/2022 20:04:55 :::CIS 3
(iii) That a writ of mandamus be issued by directing the State Government to form a committee of experts or state equivalence committee and to take a decision that whether the post graduation in .
the subjects of Microbiology/Biotechnology can be stated to be in concerned/relevant/allied subject of Botany,Zoology.
(iv) Based on such decision of the State Government the question of eligibility of the petitioner in terms f the UGC Regulations of 2018 be judged and if the petitioner are found eligible then they be permitted to participate in the selection process going to be conducted by the HPPSC vide Advertisement No. 17.4.2022 for the post of AP, Botany.
(v) Writ of prohibition be issued by restraining the respondent authorities from conducting the selection process for the post of Botany, College Cadre vide Advertisment No. 17.4.2022 till the receiving of report of State equivalency committee in order to determine the eligibility of the petitioner.
3. One Kiran Bala Sharma had approached this Court by filing CWP No. 2985 of 2022, wherein she has sought somewhat identical relief(s), which are mentioned below:-
i) Issue Writ of Certiorari to declare the quash clause 7 of the R& P Rules, 2018 (Annexure P/8) for the post of Assistant Professor (College Cadre) in view of its being contradictory to the relevant UGC Guidelines. Further, the respondents may be directed to include the allied subjects i.e. Microbiology and Biotechnology in the column of essential qualification clause 7of the R& P Rules, 2018 along with the relevant subject.
ii) Alternatively, the Respondents may be issued a Writ of Mandamus directing them to exercise the powers of relaxation contained in clause 18 of the R& P Rules, 2018. Therefore, the respondents may be directed to allow the petitioner who possesses qualification in allied subjects I.e. Microbiology and Biotechnology to participate in the recruitment process alongwith candidates possessing qualification in the relevant subjects, i.e. Botany and Zoology.
iii) That the respondents department may kindly be directed to constitute a board of Subject Expert for determining the eligibility of the petitioner who possessed the master degree in allied subjects of Botany and Zoology."
4. The aforesaid writ petition came up before the Hon'ble Principal Bench on 13.5.2022, when the Hon'ble Principal Bench dispose of the same and operative portion of judgment reads as under:-
::: Downloaded on - 21/06/2022 20:04:55 :::CIS 4"Having taken note of the fact that representation having been made by the petitioner is still pending adjudication with the authorities/competent authority, we, without going into the merits of the case, deem it fit to dispose of the present petition with .
direction to concerned authorities/competent authority to consider and decide the pending representation, within six weeks. Ordered accordingly. Needless to say, authority concerned while doing the needful in terms of the instant order shall afford an opportunity of being heard to the petitioner and would also take into consideration the guidelines framed on issue by the UGC as well as procedure followed for the recruitment of the Assistant Professor in the Department of Higher Education/colleges in other states. Liberty is reserved to the petitioner to approach appropriate court of law, if she still remains aggrieved."
5. We see no reason to take a different view and therefore, the present petition is accordingly disposed of by directing the respondents to consider the case of the petitioner along with Kiran Bala's case within the time granted by the Court for deciding the Kiran Bala's case.
6. Needless to say, authority concerned while deciding the case shall afford an opportunity of hearing to the petitioner and would also take into consideration the guidelines framed on issue by the UGC as well as the procedure followed for the recruitment of the Assistant Professor in the Department of Higher Education/colleges in other states. The pending application(s), if any, are also disposed of.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 21st June, 2022 (Guleria) ::: Downloaded on - 21/06/2022 20:04:55 :::CIS