WP(C) No. 1006 of 2015. Case: Chandam Ingo Singh and Ors. Vs The Manipur University and Ors.. Manipur High Court
| Case Number | WP(C) No. 1006 of 2015 |
| Counsel | For Appellant: M. Rarry, Advocate and For Respondents: B.P. Sahu, Sr. Advocate, Jotibala Devi, A. Bimol and Joan Kipgen, Advocates |
| Judges | N. Kotiswar Singh, J. |
| Issue | Service Law |
| Judgement Date | January 19, 2017 |
| Court | Manipur High Court |
Judgment:
N. Kotiswar Singh, J.
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Heard Mr. M. Rarry, learned counsel for the petitioners as well as Mr. B.P. Sahu, learned senior counsel assisted by Ms. Jotibala Devi, learned counsel for the Manipur University. Also heard Mr. A. Bimol, learned counsel for the U.G.C. as well as Ms. Joan Kipgen, learned counsel for the Union respondent.
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On 10.11.2016, this Court passed the following order:-
"Heard Mr. M. Rarry, learned counsel appearing for the petitioners, Mr. B.P. Sahu, learned senior counsel appearing for the Manipur University and Mr. A. Bimol, learned counsel appearing for the UGC.
The issue involved in this writ petition is about eligibility of the petitioners who applied for the post of Assistant Professor (UR) in Hindi as advertised under advertisement No. 3/2013 dated 31.10.2014. The said 1 (one) post of Assistant Professor in Hindi has been mentioned to be for Applied Linguistic as stated in the information sheet issued by the Manipur University. In other words, the said lone post to be filled up in the grade of Assistant Professor is that of Applied Linguistics. Therefore, the issue involved is about the minimum eligibility criteria for appointment to the post of Assistant Professor in Hindi (Applied Linguistics).
The case of the University respondent is that all the petitioners are not eligible which has been stated in para No. 3 of the additional affidavit filed on 30.08.2016. However, the document annexed at Annexure, B/4(Colly) at page No. 13 of the said affidavit states that all the petitioners are eligible. Therefore, there seems to be certain contradiction in what the University had stated in para No. 3 of the said additional affidavit to the documents annexed at Annexure, B/4 (colly) to the said affidavit. Therefore, the University authority is to clarify this apparent contradiction. Secondly, the essential qualifications for the advertised post as stated by Mr. B.P. Sahu, learned senior counsel has been mentioned in the information sheet of the said advertisement dated 31.10.2014. As regards the post of Assistant Professor, the essential qualifications have been mentioned as follows:
"ASSISTANT PROFESSOR (other than Dance, Engineering and Management):
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Good academic record with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master ' Degree level in a relevant subject from an Indian University, or an equivalent from an accredited foreign university.
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Besides, fulfilling the above qualifications, candidates must have cleared the eligibility test (NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET.
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Notwithstanding anything contained in sub-clauses 1 & 2 above candidates, who are, or have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree) Regulations, 2009, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions.
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NET/SLET/SET shall also not be required for such Masters programmes in disciplines for which NET/SLET/SET is not conducted.
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A relaxation of 5% may be provided at the graduate and master's level for the Scheduled Caste/Scheduled Tribe/Differently - abled (physically and visually differently-abled) categories for the purpose of eligibility and for assessing good academic record during direct recruitment to teaching positions. The eligibility marks of 55% marks (or an equivalent grade in a point scale wherever grading system is followed) and the relaxation of 5% to the categories mentioned above are permissible, based on only the qualifying marks without including any grade mark procedures.
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A relaxation of 5% may be provided, from 55% to 50% of the marks to the Ph.D. Degree holders, who have obtained their Master's Degree prior to 19 September, 1991."
Clause (1) provides that a candidate must have a Good academic record as defined by the concerned university with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master's Degree level in a relevant subject or an equivalent degree from an Indian/Foreign university. Clause (2) deals with requirement of NET as essential qualification to be possessed by the candidates. Clause (3) deals with exemption of required minimum eligibility condition of NET/SLET/SET for those candidates who had been awarded Ph.D. Degree. Clause (4) also deals with non-requirement of NET/SLET/SET for master programmes. Clause (5) provides the relaxation by 5% of the eligibility which the petitioner No. 3 who belongs to differently able category is claiming. As far as Clause (6) is concerned, these are not applicable to the petitioners. Therefore, the essential qualification which is material in this writ petition is about the Clause (1) which deals with good academic record with at least 55% marks at the Master's Degree level in relevant subject. All the petitioners claim to possess more than 55% marks in the Master Degree in the relevant subject, which the Manipur University denies they do. Therefore, the issue zeros to the expression "in the relevant subject".
The case of the petitioners is that the "relevant subject" means subject of Hindi and all of them had undergone their Masters in Hindi and as such, they are eligible under the clause (1). On the other hand, the stand of the M.U. is that "relevant subject" means the "Applied Linguistics in Hindi" which the petitioners do not have. In view of the above, the University needs to clarify as to whether there is any subject of "Applied Linguistic in Hindi" at the Master Degree level. In other words, whether there is any subject for Applied Linguistics in Hindi at the Master level which the candidates must possess for being considered for the said advertised post. Mr. B.P...
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