Rajasthan High Court - Jodhpur
Dr. Sunita Sadh vs State Of Rajasthan on 6 November, 2020
Bench: Sandeep Mehta, Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 11796/2020
Dr. Sunita Sadh D/o Shri Hem Das Swami, Aged About 38 Years,
Category Obc, R/o C/o Amit Kumar Sadh, Flat No. 211/4, Ist
Floor, New Campus, Defense Lab, Ratanada Jodhpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Higher Education Department, Government Of Rajasthan,
Secretariat, Jaipur Rajasthan.
2. Commissioner, Commissionerate Of College Education,
Government Of Rajasthan, Block-Iv, Dr. S. Radhakrishnan
Shiksha Sankul, Jawahar Lal Nehru Marg, Jaipur 302015,
Rajasthan.
3. Rajasthan Public Service Commission, Through Its
Secretary, Ajmer, Rajasthan.
4. University Grants Commission (Ugc), Through The
Secretary, Bahadur Shah Zafar Marg, New Delhi.
----Respondents
For Petitioner(s) : Mr. Nikhil Dungawat
Mr. Nihar Jain
For Respondent(s) : -
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 06/11/2020 Heard learned counsel for the petitioner and perused the material available on record.
The petitioner desires to apply for the post of Assistant Professor in furtherance of the advertisement dated 02.11.2020 issued by the Rajasthan Public Service Commission, Ajmer. She is aggrieved of the condition introduced in the said notification, (Downloaded on 06/11/2020 at 09:35:13 PM) (2 of 3) [CW-11796/2020] whereby the phrase "Good Academic Record" has been included in the minimum eligibility criterion. As per the learned counsel for the petitioner, the entire recruitment process is governed by the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018.
As per the learned counsel for the petitioner, under these regulations, the eligibility criterion for the post of Assistant Professor has been prescribed as below :-
"i) A Master's degree with 55% marks (or an equivalent grade in a point-scale wherever the grading system is followed) in concerned/relevant/allied subject from an Indian University, or an equivalent degree from an accredited foreign university."
He urges that "Good Academic Record" is not required as an eligibility criterion for the post of Assistant Professor, thus, the condition to this effect imposed by the Rajasthan Public Service Commission in the notification dated 02.11.2020 and by the Government of Rajasthan in the schedule appended to the Rajasthan Educational Service (Collegiate Branch) (Amendment) Rules, 2018 is unconstitutional and ultra vires. He, thus, urges that the petitioner is entitled to apply for the post of Assistant Professor without meeting the condition of possessing Good Academic Record.
Issue 'dasti' notice of the writ petition as well as the stay petition to the respondents returnable in three weeks. (Downloaded on 06/11/2020 at 09:35:13 PM)
(3 of 3) [CW-11796/2020] In the meantime, the petitioner shall be provisionally permitted to apply in the ongoing recruitment process for the post of Assistant Professor notified vide the advertisement dated 02.11.2020. Her result shall not be declared and will be kept in a sealed cover. This order shall not create any right in favour of the petitioner and her right of selection shall be subject to outcome of this writ petition.
List after three weeks.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J 81-Pramod/-
(Downloaded on 06/11/2020 at 09:35:13 PM) Powered by TCPDF (www.tcpdf.org)