Full Judgment Text
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PETITIONER:
MRS. REKHA CHATURVEDI
Vs.
RESPONDENT:
UNIVERSITY OF RAJASTHAN AND ORS.
DATE OF JUDGMENT13/01/1993
BENCH:
SAWANT, P.B.
BENCH:
SAWANT, P.B.
SINGH N.P. (J)
CITATION:
1993 SCR (1) 186 1993 SCC Supl. (3) 168
JT 1993 (1) 220 1993 SCALE (1)93
ACT:
Service Law:
University--Appointment of Assistant Professors--Requisite
qualifications--Whether to be considered as on the last date
for submission of applications or as on the date of
selection--Guidelines for future selection process--Laid
down.
HEADNOTE:
The Respondent University invited applications for
appointment to 10 posts of Assistant Professors. Out of 112
applications received, the Screening Committee recommended
106 candidates for being Interviewed and found the remaining
6 applicants ineligible. However, only 65 candidates
appeared for the interview. 6 candidates were selected from
the general category-, and 2 from the Reserved Category. 5
candidates Including the petitioner were placed on the
waiting list.
As per the advertisement, a candidate should have a
doctorate degree or research work of equally high standard,
and good academic record with atleast a Second Class
Master’s Degree. The lack of doctorate degree could be made
up by either research work of equally high standard or
M.Phil with two years research work. Except in the case of
Respondent No.10, who had a doctorate degree as on the last
date for submission of applications, the qualifications of
other selected candidates had to be relaxed by the Scrutiny
Committee.
The petitioner challenged the appointment of the six
selected candidates from the general category, before the
High Court, but was not successful. Being aggrieved by the
High Court’s judgment, the petitioner preferred the present
Special Leave Petition.
On behalf of the Respondent-University it was contended that
since at the time of selection Respondent Nos. 5 and 4 had
obtained their doctorate degrees they could be said to have
fulfilled the qualifications;
187
that since respondent Nos. 6 and 7 were registered for Ph.
D. in 1982, by the time of the selection they had put in
research work connected with their thesis and on the date of
selection, they had about 3 years’ experience in research
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work; that respondent No.8 had good academic record both in
MA and B.A. and the Scrutiny Committee could under the
Ordinance relax the qualifications as admittedly sufficient
number of candidates with doctorate degrees were not
available; and that even the petitioner did not have the
doctorate degree; that the candidates had already been
appointed in February 1985 and they have been working since
then and some of them were also due for promotion to the
higher posts in the near future; and that their record of
teaching so far has been excellent and unblemished and so
their selection need not be interfered with at this late
stage.
Dismissing the Special Leave Petition and laying down the
guidelines for future selection process, this Court,
HELD : 1. In the absence of a fixed date indicated in the
advertisement/notification inviting applications with
reference to which the requisite qualifications should be
judged, the only certain date for the scrutiny of the
qualifications will be the last date for making the
applications. Therefore, when the Selection Committee took
into consideration the requisite qualifications as on the
date of selection rather than on the last date for
preferring applications, it acted with patent illegality,
and on this ground itself the selections in question are
liable to be quashed. However, the selected candidates have
been working in the respective posts since February 1985.
Almost eight years have elapsed. ’Mere is also no record to
show as to how the Selection Committee had proceeded to
weigh the respective merits of the candidates and to relax
the minimum qualifications in favour of some candidates in
exercise of the discretionary powers vested in it under the
University Ordinance. If the considerations which weighed
with the Committee in relaxing the requisite qualifications
were valid, it would result in injustice to those who have
been selected. For these reasons, this Court is not
inclined to set aside the selections made by the Screening
Committee. [195H, 196A-E]
A.P. Public Service Commission, Hyderabad & Anr. v. B. Sarat
Chandra & Ors., (1990) 4 SLR 235 and The District Collector
JUDGMENT:
Society) Vizianagaram & Anr. v. M. Tripura Sundari Devi,
(1990) 4 SLR 237, relied on.
188
2. It is necessary to emphasise and bring to the notice of
the Respondent-University that the illegal practices in the
selection of candidates which have come to light and which
seem to be followed usually at its end must stop forthwith.
For this purpose the following guidelines are laid down for
the future selection process:
(i) The University must note that the
qualifications it advertises for the posts
should not be at variance with those
prescribed by its Ordinance/Statutes. [196F]
(ii) The candidates selected must be
qualified as on the last date for making
applications for the posts in question or on
the date to be specifically mentioned in the
advertisement/notification for the purpose.
The qualifications acquired by the candidates
after the said date should not be taken into
consideration, as that would be arbitrary and
result in discrimination. It must be
remembered that when the
advertisement/notification represents that the
candidates must have the qualifications in
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question, with reference to the last date for
making the applications or with reference to
the specific date mentioned for the purpose,
those who do not have such qualifications do
not apply for the posts even though they are
likely to acquire such qualifications and do
acquire them after the said date. In the
circumstances, many who would otherwise be
entitled to be considered and may even be
better than those who apply, can have a
legitimate grievance since they are left our
of consideration. [196G,H, 197A-B]
(iii) When the University or its Selection
Committee relaxes the minimum required
qualifications, unless it is specifically
stated in the advertisement/notification both
that the qualifications will be relaxed and
also the conditions on which they will be
relaxed, the relaxation will be illegal.
[197C]
(iv) The University/Selection Committee must
mention in its proceedings of selection the
reasons for making relaxations, if any, in
respect of each of the candidates in whose
favour relaxation is made. [197D]
189
(v) The minutes of the meetings of the
Selection Committee should be preserved for a
sufficiently long time, and if the selection
process is challenged until the challenge is
finally disposed of An adverse inference is
liable to be drawn if the minutes are
destroyed or a plea is taken that they are not
available. [197E-F]
&
CIVIL APPELLATE JURISDICTION: Special Leave Petition (C) No.
6324 of 1992.
From the Judgment and Order dated 20.11.1991 of the
Rajasthan High Court in D.B. Civil Spl. Appeal No. 226 of
1991.
S.K. Jain for the Petitioner.
Manoj Swarup, Ms. Lallta Kohli (For M/s Manoj Swarup & Co.)
and S.K. Bhattacharya for the Respondents.
The following Order of the Court was delivered:
By this petition, the petitioner has challenged the
appointment of six respondents from General Category as
Assistant Professors (Lecturers) in the Department of
History in the University of Rajasthan.
2. The University invited applications by its
advertisement dated 12.10.1983 for appointment to 10 posts
of Assistant Professors (Lecturers). The last date for
submitting applications was 14.11.1983. Out of 112 ap-
plications received, the Scrutiny Committee of the
University on 25.4.1984 recommended 106 candidates for being
interviewed, the remaining six being found ineligible for
the posts. Out of the 106 candidates so recommended, only
65 candidates appeared for interview, out of which the
Scrutiny Committee selected 8 candidates who are respondents
5 to 12 before us. Out of the 8, two were earmarked for the
reserved posts. We are not concerned with the selection of
the said two candidates under the reserved category. The
Scrutiny Committee also placed five other candidates
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including the present petitioner on the waiting list.
3. The minimum qualifications for appointment to the post
of Assistant Professor (Lecturer) as laid down by Ordinance
149-B of the Handbook of the University of Rajasthan, Part-
II, Volume-I are as follows:
190
"141-B The following shall be the minimum
qualifications for University teachers in the
Faculties of Arts. Fine Arts, Social
Sciences, Commerce and Science :-
A. Minimum qualifications for
Lecturers/Research Associates in the Faculties
of Arts, Social Sciences, Science and Commerce
:
[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."
Although these were the qualifications
required by the University Ordinance, the
advertisement inviting applications stated the
following
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qualifications as necessary for being eligible
to the posts :
"ASSISTANT PROFESSORS (LECTURERS): (Except in
the subject of Drawing & Painting and
Dramatics, Education, Management studies and
English).
(a) A Doctorate’s degree or research work of
an equally high standard and
(b) Good academic record with at least
second class (C in the seven point scale)
Master’s degree in a relevant subject from an
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Indian University or/equivalent degree from a
foreign University.
Having regard to the need for developing
interdisciplinary programmes, the degrees 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 very high standard, it
may relax any of qualifications prescribed in
(b) above.’
Provided further that if a candidate
possessing a Doctor’s degree of 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 Doctor’s 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
increment until he fulfils these requirements.
EXPLANATION
For determining ’good academic record’ the
following criteria shall be adopted :-
(i) A candidate, holding a Ph.D. degree
should possess at least
192
a second class Master’s degree; or
(ii) A candidate without a Ph.D. degree
should possess a high second class Master’s
degree and second class in the Bachelor’s
degree; or
(iii)a candidate not. possessing Ph. D.
degree but possessing second class Master’s
degree should have obtained first class in the
Bachelor’s degree.
2. Persons having secured marks more than
the mid point of the prescribed minimum marks
for passing an examination in the second
division and the prescribed minimum marks for
passing an examination in the first division
by a university shall be deemed to have passed
that examination in the high second class’.
It will be apparent that there was a divergence in the
qualifications as per the University Ordinance (as quoted in
the written submissions on behalf of respondent No. 5) and
the qualifications as per the advertisement as stated in the
rejoinder of the petitioner since in particular the Explana-
tion does not find place in the Ordinance. The University
itself has produced before us neither the Ordinance nor the
advertisement issued. In the absence of a copy of the
relevant Ordinance, however, it is not possible to say as to
whether the qualifications mentioned in the advertisement
were at variance with those mentioned in the advertisement.
Be that as it may.
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
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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
193
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.
The six candidates from the general category whose
appointment is challenged before us and who are respondents
5, 6, 7, 8, 10 and 11 before us had on the relevant date the
following qualifications according to the Scrutiny
Committee:
------------------------------------------------------------
S.I Name Respon- Doctorate Published Good Good 2year
No. dent No. Degree works of Record Record research
high No. no.
Standard
------------------------------------------------------------
------------------------------------------------------------
1. Dr.(Miss) 11 No. No. Yes Yes No.
santosh Sharma (Awarded
on 4.1.85)
2.Shri Krishna 6 No. No. Yes Yes No.
Gopal Sharma
3. Dr.(Mrs.) 10 Yes No. Yes Yes Yes
Vibha Updhyaya
4.(Miss)Saroj 7 No. No. Yes Yes No.
Sharma
5.Dr.Shyam 5 No. Yes Yes No. Yes
Singh (Awarded
Ratnawat on 14.12.84)
6.(Miss) 8 No. No. Yes Yes No.
Pramila (Passed
Sharma M.A in 1982)
-----------------------------------------------------------
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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
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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
195
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
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selection at this late stage.
5.The contention that the required qualifications of the
candidates should be examined with reference to the date of
selection and not with reference to the last date for making
applications has only to be stated to be rejected. The date
of selection is invariably uncertain. In the absence of
knowledge of such date the candidates who apply for the
posts would be unable to state whether they are qualified
for the posts in question or not, if they are yet to acquire
the qualifications. Unless the advertisement mentions a
fixed date with reference to which the qualifications are to
be judged, whether the said date is of selection or
otherwise, it would not be possible for the candidates who
do not possess the requisite qualifications in praesenti
even to make applications for the posts. The uncertainty of
the date may also lead to a contrary consequence, viz., even
those candidates who do not have the qualifications in
praesenti and are likely to acquire them at an uncertain
future date, may apply for the posts thus swelling the
number of applications. But a still worse consequence may
follow, in that it may leave open a scope for malpractices.
The date of selection may be so fixed or manipulated as to
entertain some applicants and reject others, arbitrarily.
Hence, in the absence of a fixed date indicated in the
advertisement/notification inviting applications with
reference to which the requisite qualifications should be
judged, the only certain date for the scrutiny of the
qualifications will be the last date for making the
applications. We have,
196
therefore, no hesitation in holding that when the selection
Committee in the present case, as argued by Shri Manoj
Swarup, took into consideration the requisite qualifications
as on the date of selection rather than on the last date of
preferring applications, it acted with patent illegality,
and on this ground itself the selections in question are
liable to be quashed. Reference in this connection may also
be made to two recent decisions of this Court in A.P. Public
Service Commission, Hyderabad & Anr. v. B. Sarat Chandra &
Ors., (1990) 4 SLR 235 and The District Collector &
Chairman, Vizianagaram (Social Welfare Residential School
Society) Vidanagaran & Anr. v. M. Tripura Sundari Devi,
(1990) 4 SLR 237.
6.However, for the reasons which follow, we are not
inclined to set aside the selections in spite of the said
illegality. The selected candidates have been working in
the respective posts since February 1985. We are now in
January 1993. Almost eight years have elapsed. There is
also no record before us to show as to how the Selection
Committee had proceeded to weigh the respective merits of
the candidates and to relax the minimum qualifications in
favour of some in exercise of the discretionary powers
vested in it under the University Ordinance. If the
considerations which weighed with the Committee in relaxing
the requisite qualifications were valid, ’it would result in
injustice to those who have been selected. We, however,
feel it necessary to emphasise and bring to the notice of
the University that the illegal practices in the selection
of candidates which have come to light and which seem to be
followed usually at its end must stop forthwith. it is for
this purpose that we lay down the following guidelines for
the future selection process:
A. The University must note that the
qualifications it advertises for the posts
should not be at variance with those
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prescribed by its ordinance/Statutes.
B. The candidates selected must be
qualified as on the last date for making
applications for the posts in question, or on
the date to be specifically mentioned in the
advertisement/notification for the purpose.
The qualifications acquired by the candidates
after the said date should not be taken into
consideration, as that would be arbitrary and
result in discrimination. It must be
remembered that when the
advertisement/notification represents that the
candidates must have the qualifications in
ques-
197
tion, with reference to the last date for
making the applications or with reference to
the specific date mentioned for the purpose,
those who do not have such qualifications do
not apply for the posts even though they are
likely to acquire such qualifications and do
acquire them after the said date. In the
circumstances, many who would otherwise be
entitled to be considered and may even be
better then those who apply, can have a
legitimate grievance since they are left out
of consideration.
C. When the University or its Selection
Committee relaxes the minimum required
qualifications, unless it is specifically
stated in the advertisement/notification both
that the qualifications will be relaxed and
also the conditions on which they will be
relaxed, the relaxation will be illegal.
D. The University/Selection Committee must
mention in its proceedings of selection the
reasons for making relaxations, if any, in
respect of each of the candidates in whose
favour relaxation is made.
E. The minutes of the meetings of the
Selection Committee should be preserved for a
sufficiently long time, and if the selection
process is challenged until the challenge is
finally disposed of. An adverse inference is
liable to be drawn if the minutes are
destroyed or a plea is taken that they are not
available.
7.Although, therefore, for reasons stated above, we deem
it inadvisable to interfere in the selections made in the
present case, we direct that the University and its
Selection Committee should observe the above norms in all
future selections.
The Special Leave Petition is dismissed subject to the above
directions.
G.N. Petition dismissed.
198