Document Fragment View

Matching Fragments

"I. For General Degree Colleges:
(A) Academic qualifications:
(a) Master degree in Arts/Science/ Commerce/Music/Fine Arts with at least 55% marks or its equivalent grade and good academic record; Ph.D. Degree or evidence of its equivalent published work of high standard and teaching/research experience in an affiliated degree college or University/Other Institutions of Higher Education for at least 15 (fifteen) years preferably with administrative experience. Or
(b) Serving as reader in any affiliated degree College or University/research Institute with total teaching experience of not less than 15 years. Or
(c) Serving as Selection Grade Lecturer in any affiliated degree college with at least 55% marks at the Master's level and good academic record with teaching experience not less than 15 years in any academic Institution with authenticated administrative experience of at least five years and further having published work equivalent to Ph.D. degree, the equivalence be evaluated by the University/Selection Committee consisting of the subject experts who in turn will have to mainly look in to the following aspects:-
1. Number of research paper published,
2. Quality of research paper,
3. Relevance of the topic,
4. Journals where these have been published."

16. It is submitted that respondent No.3 does not possess the Ph.D, degree. He also did not possess fifteen years administrative experience at the time of his appointment. Learned counsel further submitted that respondent No.3 has been appointed on the said post merely because he is a monk at the Ramakrishna Mission. The very purpose of prescribing minimum qualifications and method of selection for an important post like Principal of an educational institution has been defeated. Learned counsel further submitted that the Division Bench has wrongly relied on the judgment of Bramchari Sidheswar Shai's case (supra). The aforesaid judgment had no relevance to the issue which has been raised in the present proceedings.

Vs. Jitendra Kumar Mishra & Ors4 and Gurpal Singh Vs. State of Punjab & Ors.5 . Therefore, again no relief can be granted to the writ petitioners/appellants.

18. We have considered the submissions made by the learned counsel for the parties. In our opinion, there is much substance in the submissions made 3 (1979) 1 SCC 168 4 (1998) 7 SCC 273 5 (2005) 5 SCC 136 by Mr. L.N. Rao, Mr. Dipankar P. Gupta and Mr. Bhaskar P. Gupta, learned senior counsel that at this stage, litigation in this case does not survive as the appellants have retired. Even if the writ petition is allowed and the appointment of respondent No.3 is declared null and void, none of the appellants could be appointed on the post of Principal. A perusal of the averments made in the writ petition before the High Court would show that the gravamen of the grievances of the writ petitioners/appellants was that they were all senior to Swami Sukhadevananda. It was further pointed out that he had only six years of teaching experience, while G.O. No. 149-Edn(CP) dated 22nd February, 1994 prescribes a minimum teaching experience of sixteen years with administrative experience. It was pointed out that on the one hand, respondent No.3 did not possess the necessary experience and was appointed as the Principal. On the other hand, the applications of the petitioner Nos. 1, 9 and 12 for the post of Principal made through appropriate channel were not at all considered at any stage by the appropriate authority, though they are more qualified and senior to Swami Sukhadevananda. It was further pointed out that petitioners are suffering irreparable loss in the form of deprivation from being promoted as a Teacher-in-Charge and compelled to serve under a junior in service and possessing lesser qualifications. Again in Paragraph 41, it is stated that Swami Divyananda is junior to all the petitioners. It was further pointed out that Dr. Biman Kumar Mukherjee, was the then petitioner No. 1 and the then senior most Teacher. He had put in more than three decades of lawful and approved service to the Institution. He was, therefore, lawful claimant to the post of Teacher-in-