Jharkhand High Court
Jharkhand Bet-Net Association vs The State Of Jharkhand And Ors. on 22 June, 2006
Equivalent citations: [2007(2)JCR142(JHR)]
JUDGMENT
Mukhopadhaya, A.C.J.
1. This writ petition was preferred by the petitioner, Jharkhand BET-NET Association, for a direction on the respondents to take steps for appointment of Lecturers in different Constituent Colleges of the Universities.
2. According to the petitioner-Association, its members having already passed NET examination, undertaken by University Grant Commission (hereinafter to be referred as 'U.G.C.') or BET examination, are qualified for appointment to the posts of Lecturer, but the respondents are not making appointments inspite of vacancies in different colleges and suffering of the students.
3. The Vice Chancellors of the Universities of the State of Jharkhand and Jharkhand Public Service Commission were directed to give time frame for appointment to the posts of Lecturer, as vacant in different Constituent Colleges of the Universities and University Departments. Affidavits were filed, but no specific time frame was given. Although, most of the Universities informed that they have forwarded the details of vacant posts of Lecturer to the State Government, they could not explain as to whether under the law there was any requirement to take prior approval of the State Government for filling up the existing vacant posts of Lecturer in Constituent Colleges and Universities. In this background, the Vice- Chancellors of Ranchi University, Ranchi; Vinoba Bhave University, Hazaribagh; Sidho Kanho Murmoo University, Dumka; the Secretary, Higher Education, Government of Jharkhand, Ranchi and the Secretary, Jharkhand Public Service Commission, Ranchi (hereinafter to be referred as 'J.P.S.C.') were directed to appear and assist the Court.
4. The matter was discussed with the aforesaid officials and the Vice Chancellors of the Universities. It was pointed out that the Universities of the State, being autonomous bodies, the State Government cannot interfere with their day to day functioning. It is only at the time of creation of posts and appointment, the University is required to obtain prior sanction and approval of the State Government under Section 35 of the Universities Act. For making requisition to Public Service Commission to fill up the vacant posts, in absence of any requirement under the law to take prior approval of the State Government, the University can make straightaway requisition to the Public Service Commission, showing the number of vacancies.
5. The Secretary, Higher Education, Govt. of Jharkhand, Ranchi, informed that there are certain doubts with regard to one or other post of one or other College, whether such post(s) was/were sanctioned by the State Government under Section 35 of the Jharkhand State Universities Act, 2000. In many of the cases, posts were created long back and many of them were sanctioned by the then State of Bihar, but there may be some cases where such sanction was not obtained and all the relevant documents are not available with the Universities or State of Jharkhand, but with the State of Bihar. In this background, for scrutinizing the matter whether the posts of Lecturer have already been sanctioned by the State Government or not, the Universities were asked to refer the matter to the State of Jharkhand.
6. It was accepted on behalf of the State that the State Government has already scrutinized the number of posts which were sanctioned or for which recommendations were made by 30th April, 1986 in respect of 4th Phase Constituent Colleges, pursuant to the direction of the Supreme Court. On the basis of the suggestions of the official and the Vice Chancellors, the following orders are passed in the interest of justice:
(i) The State Government is allowed 45 days time to verify the teaching posts of one of other Department of one or other Constituent College, which were sanctioned by the State Government;
(ii) If any person(s) was/were appointed against the post(s) on the recommendation of any Commission and such post(s) fell vacant due to retirement or death of the incumbent(s), such post(s) be treated 'deemed to be sanctioned by the State Government';
(iii) If any requisition has been made by one or other University or is being made for sanction of posts of Lecturer for Constituent Colleges or Post Graduate Department, the State Government will finalise the matter within the aforesaid period of 45 days;
(iv) If one of other Post Graduate Department of University or that of Constituent College or any department of Constituent College has not yet been recognized by the U.G.C., such University will take up the matter with the U.G.C. for its recognition. The U.G.C. , in its turn, is expected to act in accordance with law and to take final decision in one or other way within two months;
(v) If Statute of the University is required to be amended as per U.G.C. guidelines/ Central Act, the competent University and the State Government may do so immediately. If the Statute is not amended as per the guidelines of the U.G.C./ Central Act, the University, the Public Service Commission and the State Government will act as per the mandatory provisions of the U.G.C.;
(vi) The Universities, on receipt of information from the State Government as to how many posts the State Government has sanctioned or deemed to be sanctioned and are lying vacant, will forward the requisition to the J.P.S.C. within one month thereof;
(vii) The J.P.S.C., in its turn, will publish notice inviting applications for appointment within two months thereof; scrutinize the applications; conduct the written test/viva voce test etc. , as required under the law, and will publish the results within three months from the date of publication of notice inviting applications (advertisement) and will make its recommendation within the said period;
(viii) The Universities and Constituent Colleges, in their turn, are required to issue letters of appointment in terms of the condition, as may be made by the J.P.S.C. and will fill up all the vacant posts of Lecturer within one month from the date of receipt of recommendation by the J.P.S.C.
7. The total procedure is to be completed preferably within nine months.
8. So far as JET examination is concerned, as it has nothing to do with the scrutiny of any post, whether sanctioned or not, the J.P.S.C. will conduct JET examination in terms with the guidelines issued by the U.G.C. and will publish notice within one month for holding such examination. Another three months time is allowed to scrutinize the applications; to take steps for holding the written test and for publication of result.
9. The total procedure is to be completed preferably within four months.
10. This Court has noticed that the State Government has already constituted Steering Committee and Moderation Committee for holding JET examination.
11. The writ petition stands disposed of with the aforesaid observations and directions.