Himachal Pradesh High Court
Kiran Bala Sharma vs State Of Himachal Pradesh on 13 May, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 13th DAY OF MAY, 2022
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ, CHIEF JUSTICE
&
r to
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION NO. 2985 of 2022
Between:
KIRAN BALA SHARMA,
D/O SH. ANAND SHARMA NAC JUBBAL,
WARD NO.1, HOUSE NO. 13, TEHSIL-JUBBAL,
DISTRICT SHIMLA, HIMACHAL PRADESH.
....PETITIONER
(MR. ANKUSH DASS SOOD,
SENIOR ADVOCATE WITH
MR. R.K. SHARMA,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL SECRETARY
EDUCATION SHIMLA-2, HIMACHAL PRADESH.
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2
2. DIRECTOR HIGHER EDUCATION
.
TO THE GOVT. OF HIMACHAL PRADESH SHIMLA.
3. HIMACHAL PRADESH UNIVERSITY
(THROUGH ITS REGISTRAR)
4. HIMACHAL PRADESH PUBLIC
SERVICE COMMISSION, NIGAM BIHAR,
H.P. (THROUGH ITS SECRETARY)
....RESPONDENTS
(MS. RITA GOSWAMI, ADDITIONAL
ADVOCATE GENERAL, FOR R-1 & R-
2)
(MR. SURENDER VERMA,
ADVOCATE, FOR R-3)
(MR. VIKRANT THAKUR, ADVOCATE,
FOR R-4)
Whether approved for reporting?.
This petition coming on for orders this day, Hon'ble Mr. Justice
Sandeep Sharma, passed the following:
ORDER
By way of instant writ petition filed under Article 226 of the Constitution of India, petitioner has prayed for following main reliefs:
i) Issue Writ of Certiorari to declare the quash clause-7of 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 ::: Downloaded on - 19/05/2022 20:04:19 :::CIS 3 subjects i.e. Microbiology and Biotechnology in the .
column of essential qualification clause 7 of the R & P Rules, 2018 alongwith 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 qualifications in allied subjects i.e. Microbiology and Biotechnology to participate in the recruitment process alongwith candidates possessing qualifications 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."
2. Ms. Rita Goswami, learned Additional Advocate General, Mr. Surender Verma and Mr. Vikrant Thakur, Advocates, accept notices on behalf of respondents No.1 & 2, respondent No. 3 and respondent No.4, respectively.
3. Having regard to the nature of order proposed to be passed in the instant case, we do not find any necessity to call for the reply of the respondents, who are otherwise being represented by the aforesaid counsel.
::: Downloaded on - 19/05/2022 20:04:19 :::CIS 44. Precise grouse of the petitioner, as has been highlighted in the .
petition and as has been further canvassed by Mr. Ankush Dass Sood, learned Senior Counsel, appearing for the petitioner, is that Recruitment & Promotion Rules made for the post of Assistant Professor (College Cadre) (Annexure P-8), are totally contradictory to the UGC Guidelines and as such, deserve to be quashed and set-aside. As per the petitioner, respondents ought to have included allied subjects i.e. Microbiology and Biotechnology in the column of essential qualification i.e. clause-7 of the Recruitment & Promotion Rules alongwith relevant subjects. Recruitment & Promotion Rules notified vide notification dated 27.3.2018 (Annexure P-8) for the post of Assistant Professor (College Cadre) Class-I Gazetted in the Higher Education Department of Himachal Pradesh, provide that a person having good academic record with at least 55% marks or an equivalent of 55%, wherever the grading system is followed in Master's Degree level in the relevant subject from an Indian University or an equivalent degree from Foreign University recognized by the Government of India, shall be eligible to apply for the post of Assistant Professor (College Cadre), meaning thereby, person having qualification in the relevant subject having prescribed marks would be eligible to participate in the selection process.
::: Downloaded on - 19/05/2022 20:04:19 :::CIS 55. In the case at hand, petitioner after having completed the post .
graduation in Microbiology also completed M.Phill (Biotechnology) from Himachal Pradesh University. Petitioner also qualified the State Eligibility Test for the Assistant Professor in the subject of Life Science. Petitioner also qualified the National Eligibility Test (NET) conducted by the Agricultural Scientists Recruitment Board New Delhi. Since Recruitment & Promotion Rules, 2018 as detailed herein above, only enable a candidate possessing qualification in the relevant subject to participate in the selection process for the post of Assistant Professor (College Cadre), students/ researchers/ academicians in the field of Biotechnology/Microbiology made a detailed representation to the Hon'ble Chief Minister, H.P., on 20.11.2018 to amend the Recruitment & Promotion Rules, 2018, specifically making therein provision for candidates having postgraduate degree in the allied subjects.
Precisely, the claim of the petitioner is that botany is a main subject but microbiology and biotechnology are the allied subjects and as such, same can also be considered at par with the Botany while considering candidature of a person applying for the post of Assistant Professor in terms of Recruitment & Promotion Rules, 2018.
6. Respondent No.4-Himachal Pradesh Public Service Commission vide notice (Annexure P-9) invited applications for the posts of Assistant ::: Downloaded on - 19/05/2022 20:04:19 :::CIS 6 Professor (Botany) in the Department of Higher Education, but since .
petitioner is not having the post graduation degree in the subject of Botany, she is not being permitted to participate in the selection process. Though repeatedly, petitioner alongwith other candidates tried to convince the Himachal Pradesh Public Service Commission as well as the Department of Higher Education that they being graduate in the allied subjects i.e. Microbiology and Biotechnology are at par with the post graduation (Botany), but no decision, till date, on the aforesaid issue raised by the petitioner, has been taken by the authorities concerned and as such, petitioner is compelled to approach this Court in the instant proceedings.
7. 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 ::: Downloaded on - 19/05/2022 20:04:19 :::CIS 7 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.
8. In the aforesaid terms, present petition is disposed of a/w pending applications, if any.
( Mohammad Rafiq ), Chief Justice ( Sandeep Sharma ), Judge 13th May, 2022 manjit ::: Downloaded on - 19/05/2022 20:04:19 :::CIS