Rajasthan High Court - Jaipur
Ashok Kumar Sharma vs State (Ayurved Department)Ors on 18 May, 2018
Bench: Chief Justice, G R Moolchandani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No.388/2015
Ashok Kumar Sharma S/o Shri Rajaram Sharma, aged about 51
years, R/o 4474/5, Shyam Colony, Thanesar, Kurukshetra,
Haryana at present residing at 125, Vasundhra Colony, Tonk
Road, Jaipur (Raj.)
----Appellant
Versus
1. State of Rajasthan through Principal Secretary, Ayurved
and Bhartiya Chikista Vibhag, Government of Rajasthan,
Rajasthan Secretariat, Jaipur
2. Rajasthan Public Service Commission through its
Secretary, Ajmer
3. Secretary, Department of Personnel, Rajasthan
Secretariat, Jaipur
4. Kamini Kaushal D/o Shri Surendra Kumar Soni, posted at
Shri Madan Mohan Malviya, Government Ayurvedic
College, Udaipur through its Principal Shri Madam Mohan
Malviya, Government Ayurvedic College, Udaipur
----Respondents
For Appellant : Mr.Shailesh Prakash Sharma For Respondents : Mr.Nitin Jain Mr.O.P. Mishra Mr.Atul Singh Chauhan on behalf of Mr.Rajendra Prasad AAG HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE G R MOOLCHANDANI Judgment 18/05/2018
1. Heard learned counsel for the parties.
2. The advertisement issued inviting applications to fill up the post of Professor in Dravya Gun Vigyan required 10 years (2 of 3) [SAW-388/2015] teaching experience out of which 5 years teaching experience had to be as a Reader/Associate Professor.
3. Now, the hierarchy of teaching posts is Lecturer; above Lecturer is the post of Reader/Associate Professor and finally the post of Professor. Thus, when the advertisement stipulates 10 years teaching experience out of which 5 years has to be as a Reader/Associate Professor, by implication the remaining 5 years would be as a Lecturer.
4. With this backdrop relevant facts to be noted would be that respondent No.4 had worked as a Lecturer from 07/03/2002 till 28/02/2007 i.e. 4 years, 11 months and 7 days. Thereafter, she worked as a Reader from 01/03/2007 till 22/03/2010 i.e. 3 years, 0 months and 21 days and, thereafter as a Professor from 08/07/2011 to 26/02/2014 i.e. 2 years, 7 months and 18 days. As a Professor respondent No.4 was on contract with Rishikul Ayurvedic College, Haridwar and since the post of Professor in the State of Rajasthan was a government post she applied for the same. She got selected.
5. Case of the appellant was that for being appointed as a Professor not only 10 years teaching experience in a college was necessary but 5 years minimum experience had to be as a Reader/Associate Professor. As per the appellant, respondent No.4 had worked as a Reader for 3 years and 21 days. As per him, the experience of respondent No.4 as a Professor for 2 years, 7 months and 18 days had to be ignored for the reason the same was on contract basis.
6. View taken by the learned Single Judge is that 5 years teaching experience as a Reader/Associate Professor had to be understood with reference to a candidate having experience of (3 of 3) [SAW-388/2015] teaching in a lower post and if someone had the experience in the higher post, the legal requirement of experience was met.
7. The learned Single Judge has not discussed the aspect of respondent No.4 having 2 years, 7 months and 18 days experience as a Professor on contract.
8. As regards reasoning of the learned Single Judge that if a person has part experience for a lower post and past experience for a higher post and the requirement of length of service is relatable to the lower post, the purposive interpretation would require a candidate to be treated as having requisite experience, is correct, for the reason it would be an anomaly to state that a person seeking appointment as a Professor in a University would be ineligible if the person was a Professor in some other University and before that was a Reader in the said University, and excluded experience of teaching as a Professor.
9. On the issue of experience, it makes no difference whether teaching is on contract basis or a regular service. The advertisement in question does not state that 5 years teaching experience as a Reader/Associate Professor has to be on regular basis. Meaning thereby, even for the period respondent No.4 taught as a Professor on contract basis at Rishikul Ayurvedic College, Haridwar she would be required to be treated as having the requisite teaching experience.
10. The appeal is dismissed.
11. No costs.
(G R MOOLCHANDANI),J (PRADEEP NANDRAJOG),CJ Anil Goyal-PS/40