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Pragati Dwivedi vs State Of U.P. And 4 Others on 13 September, 2021 cites

Chetkar Jha vs Viswanath Prasad Verma & Ors on 7 May, 1970

21. An issue similar to the issue in the present case arose before the Supreme Court in Dr. Chetkar Jha Vs. Dr. Vishwanath Prasad Verma & Another, 1970 (2) SCC 217. In the aforesaid case, the controversy related to the minimum qualifications required for appointment as Professor in Department of Political Science in Patna University. The relevant Statutes of the University, at the time of advertisement, prescribed the minimum qualifications for appointment as Professor in the University as, "first or second class Master's degree of an Indian University or an equivalent qualification of a foreign university." The Bihar Public Service Commission, which at that time had the power to recommend names for appointments to the University, advertised the said post and the minimum qualifications required for appointment to the post were published as "first or second class Master's degree in the subject of an Indian University or an equivalent qualification of a foreign university." The Vice-Chancellor of the University got published, through the Commission, another advertisement amending the earlier advertisement and the revised advertisement stated the required qualifications as "first or second class Master's degree in Political Science or in an allied subject like History or Economics of an Indian University or an equivalent qualification of a foreign university." The appointment of the selected candidate was under challenge before the Supreme Court wherein it was argued that the words in the University Statute, namely, that the University Professor "shall possess a first or second class Master's degree" meant a Master's degree "in the subject" and therefore the original advertisement was in conformity with the University Statute relating to the qualifications and the revised advertisement had the effect of amending the Statute and was therefore unauthorized and the appointment of the selected candidate was contrary to the Statute. The Supreme Court rejected the aforesaid contention and held that the words "in the subject" in the advertisement initially issued by the Commission debarred the candidates with first and second class Master's degree in subjects other than Political Science and was therefore not in conformity with and not consistent with the relevant University Statute laying down the qualifications. In this context the observations of the Supreme Court in paragraph Nos. 10, 11 and 12 of the reports are reproduced below :-
Supreme Court of India Cites 9 - Cited by 12 - J M Shelat - Full Document
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