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[Except in the subjects of English, Modern European Languages, Physical Education, Health Education & Sports Journalism and Home Science];

a. A Doctorate degree or research work of an equally high standard; and b. Good academic record with at least a second class (C in the seven point scale) Master's degree in a relevant subject from an Indian University or an equivalent degree from a foreign University having regard to the need for developing interdisciplinary programmes, the degree in (a) and (b) above may be in relevant subjects. Provided that if the Selection Committee is of the view that the research work of a candidate as evident either from his thesis or from his published work is of a very high standard, it may relax any of the qualifications prescribed in (b) above: Provided further that if a candidate possessing a Doctorate degree or equivalent research work is not available or is not considered suitable, a person possessing a good academic record (weightage being given to M.Phil. or equivalent degree or research work of quality) may be appointed provided he has done research work for at least two years or has practical experience in a research laboratory/organisation on the condition that he will have to obtain a Doctorate degree or give evidence of research of high standard within eight years of his appointment, failing which he will not be able to earn future increments until he fulfills these requirements."

4. It will thus be obvious from the requirement of the aforesaid qualifications, that on the last date for submitting the applications, a candidate applying for the said posts should have had (a) doctorate Degree (in the relevant subject), or research work of an equally high standard (in the relevant subject), and (b) good academic record with at least a second class Master's Degree (in the relevant subject). However, if the Selection Committee was of the view that the research work of a candidate as evident either from his thesis or from his published work was of a very. high standard, the Scrutiny Committee could relax the qualification that the candidate should have had at least a doctorate Degree or research work of an equally high standard and good academic record with at least a second class Master's Degree. Secondly, if the candidate possessing a doctorate degree or equivalent research work was not available or even if available, was not suitable, the candidate possessing a good academic record (preferably M.Phil or equivalent Degree or research work of quality) could also be appointed provied he had done research work for at least two years or had practical experience in a research Laboratory/Organisation. However, this relaxation could be given on the condition that the candidate would obtain a doctorate Degree or give evidence of research of high standard within eight years of his appointment. If he did not satisfy the second requirement, all that he could be visited with was a handicap that he would not be able to earn future increments until he fulfilled the said requirement. It is, therefore, obvious that a doctorate Degree was not a must and the lack of doctorate Degree could be made up by either of the qualifications laid down above. None of the candidates except respondent No.10 who had applied and appeared for interview (including the petitioner) possessed the doctorate Degree by the last date of submitting the applications for the posts.

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It is apparent that respondent No. 5 had no doctorate Degree. He had good academic record in M.A. but did not have good record in B.A. He had published work of high standard and also two years' research work to his credit. Respondent No.6 had no doctorate Degree. He had, however, good academic record both in M.A. and B.A.; but had neither any published work of high standard nor two years research experience, to his credit. Respondent No.7 had no doctorate Degree. She had, however, good academic record both in M.A. and R.A. She had not published work of high standard nor had she two years' research work to her credit. Respondent No. 8 had no doctorate Degree. She had, however, good academic record both in MA. and B.A. though she did not have to her credit published work of high standard nor two research work. Respondent No.10 had doctorate Degree and also a good academic record both in M.A. and BA. She had also experience of two years research work though there was no published work of high standard to her credit. Respondent No.11 had no doctorate Degree. She had, however, good academic record both in M.A. and B.A. She had no published work of high standard or two years' research work to her credit.

It is on record that respondent Nos. 5 and 11 were awarded doctorate Degree on 14.12.1984 and 4.1.1985 respectively which is of course irrelevant since the qualifications had to be judged with reference to the last date for submitting the applications for the posts.

Thus except in the case of respondent No.10, the qualifications of the other selected candidates had to be relaxed by the scrutiny Committee. However, there is no record of the minutes of the meetings of the Scrutiny Committee to show whether and in what manner the Scrutiny Committee had applied its mind and relaxed their qualifications. The affidavit filed on behalf of the University shows that the minutes, if kept, were destroyed. It was sought to be argued by Shri Manoj Swarup on behalf of the University that since at the time of the selection, respondent Nos. 5 and 11 had obtained their doctorate Degrees they could be said to have fulfilled the qualifications. He also argued that since respondent Nos. 6 and 7 were registered for Ph.D. on 22.1.1982 and 26.5.1982 respectively, by the time of the selection they had put in research work connected with their thesis and in February 1985, viz., the date of selection, they had about 3 years' experience in research work. As regards respondent No. 8, she had good acadamic record both in M.A. and BA. and the Scrutiny Committee could under the Ordinance relax the qualifications as admittedly sufficient number of candidates with the doctorate Degree were not available. He also urged in this connection that even the petitioner did not have the doctorate Degree. He further submitted that it was open to the Scrutiny Committee to weigh the over-all qualifications of the candidates and relax the required qualifications in favour of the deserving and suitable candidates which the Scrutiny Committee did or should be deemed to have done. The Scrutiny Committee was a high power Committee and after interviewing 65 candidates, it had selected only 8 candidates and had placed them in the order of merit. The Court should not, therefore, interfere with the said selection. He further pointed out that the candidates had already been appointed in February 1985 and they have been working eversince till date. Some of them are also due for promotion to the higher posts in the near future. Their record of teaching so far has been excellent and unblemished. Whatever may be the defects in the selections, this Court may not interfere with the said process of selection at this late stage.