Calcutta High Court (Appellete Side)
Dr. Sridip Chatterjee vs Dr. Gopa Chakraborty & Ors on 30 June, 2014
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
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30.06.2014 MAT 1003 of 2014
With
CAN 5759 of 2014
Dr. Sridip Chatterjee
-vs-
Dr. Gopa Chakraborty & Ors.
Mr. Bikash Ranjan Bhattacharyya
... for the appellant.
Mr. Kalyan Bandopadhyay
Mr. J. Majumder
Mr. S. Ghosh
Mr. Abhishek Prosad
... for the respondent no.1
Mr. Anil Kumar Gupta ... for the UGC Mr. Billwadal Bhattacharyya Mr. Saikat Chatterjee ... for the respondent University.
This Mandamus Appeal is directed against Judgement and order dated 16th April, 2014 passed by Learned Single Judge of this Court in W.P.20619 (W) of 2013, at the instance of the appellant who was respondent no. 6 in the writ petition. By the impugned order, the appointment of the appellant to the post of Assistant Professor in Physical Education (Yoga Therapy) given by Jadavpur University was set aside on the ground that his qualification does not satisfy the minimum requisite qualification prescribed for the concerned post. The University authority was directed to take appropriate steps for conducting fresh selection from amongst the candidates who had applied pursuant to the earlier advertisement strictly in accordance with law and subject to criteria as laid down in the advertisement. The legality and/or validity of the said order passed by the Learned Single Judge of this Court in the said writ petition is under challenge in this appeal. In connection with the said appeal, the appellant has taken out an application praying for stay of the operation of the impugned order till the disposal of the appeal.
2We are informed by Mr. Billwadal Bhattacharyya, learned advocate, appearing for Jadavpur University, that the appointment which was given by his client to the appellant has already been cancelled by following the order passed by the Learned Single Judge of this Court which is under challenge in this appeal. He, however, is unable to inform us as to whether fresh selection process has already been initiated by his client or not in terms of the direction passed by the Learned Trial Judge in the impugned order.
Let us now consider the merit of the stay application in the facts of the present case. Pursuant to an advertisement issued by Jadavpur University for filling up two posts of Assistant Professor in Physical Education (Yoga Therapy), the appellant applied by offering his candidature for the said post as general candidate. Several other candidates also applied for the said post. Ultimately, the appellant was selected for the said post and appointment was given to him in the said post. His appointment was subsequently challenged by an unsuccessful candidate being the writ petitioner on the ground that since the appellant was unable to satisfy the eligibility criteria for the said post, the University authority acted illegally by selecting and/or appointing him as Assistant Professor in the said post.
In this context we have to examine as to whether the appellant satisfied the eligibility criteria for the said post or not. The eligibility criteria for the said post was mentioned in the said publication itself appearing at page 115 of the stay application. The relevant portion of the eligibility criteria for the said post mentioned therein is set out hereafter.
For serial No. 29(b):
Master's in Yoga/Yoga Therapy or Master's in Physical Education with Post Graduate Diploma in Yoga/Yoga Therapy 3 with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed).
Let us now consider the Educational Qualification of the appellant to find out as to whether his educational qualification can satisfy the said eligibility criteria or not. Undisputedly the petitioner has Master's degree in physical education. Dispute is with regard to his Post Graduate Diploma. Admittedly he acquired diploma in Yoga Education from Kaivalyadhama Shreeman Madhava Yoga Mandira Samity, after completing one year's course in the Session 2006-2007. A question has cropped up as to whether the diploma in Yoga Education which he acquired from the said Institute is equivalent to Post Graduate Diploma in Yoga/Yoga Therapy or not. The appellant claims that the diploma, which he acquired from the said Institute, is equivalent to Post Graduate Diploma in Yoga. The Principal of Gordhandas Seksaria College of Yoga and Cultural Synthesis, Pune, issued a certificate certifying that even though the certificate of Post Graduate Diploma in Yoga Education which is run by the said institution, does not bear the pre-fix Post Graduate but the certificate of Diploma in Yoga Education issued by the said institution is equivalent to Post Graduate Diploma in Yoga Education. Be that as it may, fact remains that the appellant did not acquire any diploma from Gordhandas Seksaria College of Yoga & Cultural Synthesis, Pune. As such, the equivalent certificate, which was issued by the Principal of the said institution, cannot be a decisive factor for the present issue. Here is the case where the Institute from which he acquired the diploma certificate has not issued any equivalent certificate certifying that the Diploma in Yoga Education is equivalent to Post Graduate Diploma in Yoga or Yoga Therapy. In our view the present issue may be decided with reference to the eligibility criteria laid own by the said Institute for admission in two different courses run by the said Institute i.e., one in post Graduate Diploma in Yoga Therapy and the other in Post Graduate Diploma in Yoga Education. The eligibility criteria for 4 admission in Post Graduate Diploma in Yoga Therapy which is mentioned in the Face Book Page of Kaivalyadhama S.M.Y.M. Samity appearing at page 140 of the stay application is as follows:
Minimum Qualification: Science Graduate with 60% or D. Y. Ed with 55% aggregate.
The eligibility criteria for admission in Post Graduate Diploma in Yoga Education which is mentioned in Face Book page of the said institution appearing at page 136 of the stay application is as follows:
Minimum Qualification: 45% in Graduation of any faculty recognized by UGC.
Since diploma in Yoga Education with 55% aggregate is the prescribed eligibility criteria for the candidates seeking admission in Post Graduate Diploma in Yoga Therapy, we are of the prima facie view that the Post Graduate diploma course in Yoga Therapy is the next higher course of study in the stream of Yoga Education. Since Post Graduate diploma in Yoga is also equivalent to Post Graduate diploma in Yoga Therapy, we are also of the prima-facie view that the diploma in Yoga Education cannot be held to be an equivalent diploma with Post graduate diploma in Yoga or Yoga Therapy. This conclusion we draw by taking note of duration of these two courses of diploma study as duration of P.G. Diploma in Yoga Therapy is a year and a half while the duration of P.G. Diploma course in Yoga Education is nine months only.
Thus, we are of the prima-facie view that the appellant's educational qualification does not satisfy the minimum educational qualification prescribed for the said post. As such, we do not find any reason to pass any order staying the 5 operation of the impugned order passed by the learned Trial Judge.
We, however, make it clear that the University authority may proceed with the selection process in terms of the direction passed by the learned Trial Judge, but no appointment should be given to the post in question without the leave of the Court until further orders.
The University is directed to produce the relevant record before this Court at the time of hearing of this appeal.
The appellant is directed to prepare the requisite number of informal paper book and file the same before this Court within three weeks from date.
The appellant is also directed to supply copy of the paper book upon the respondents and/or their learned advocates immediately thereafter.
Let the appeal be posted for hearing on 21st August, 2014.
The stay application being CAN 5759 of 2014 is thus disposed of.
(Jyotirmay Bhattacharya, J.)
bd. (Ishan Chandra Das, J.)
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