IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 233 of 2005 Smt. Mohini Bansal W/o Sri A.K. Bansal, R/o Gupta Compound, Tikonia Haldwani, District Nainital. ………….. Petitioner Versus 1. University of Kumaon through its Registrar. 2. Vice Chancellor, University of Kumaon, Nainital. 3. Selection Committee For the selection on the post to Advertisement No.1285, University of Kumaon, Nainital. 4. Mukesh Kumar Pant S/o Sri Naveen Chandra Pant, R/o Swar Sangam-81 Heera Nagar, Haldwani, District Nainnital. .…...……. Respondents Present: Mr. Sharad Sharma, Senior Advocate assisted by Mr. Jagdish Singh Bisht, Advocate for the petitioner. Mr. B.D. Upadhyay, Advocate for respondent Nos. 1 & 2. Mr. Anil Joshi, Advocate holding brief for Mr. Paresh Tripathi, Advocate for respondent No.4. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble Sudhanshu Dhulia, Judge Date : 24th March, 2011 JUDGMENT Barin Ghosh, C. J. (Oral) The advertisement published on 10th November, 2004 indicated that Kumaon University, Nainital has a vacancy in the post of Lecturer in Music (Tabla) and that the said post is unreserved. The advertisement indicated that the person responding to the advertisement for the said post must have good academic record with at least 55% marks (50% for Scheduled Castes and Scheduled Tribes) or an equivalent grade at Master’s degree level 2 in relevant subject or an equivalent degree from an Indian/Foreign University and has cleared the eligibility test for Lecturers conducted by UGC/CSIR (for the subject in which these tests are conducted) or similar tests accredited by the UGC or should have submitted thesis for Ph.D. degree in the relevant subject on or before 31st December, 2002 or awarded M. Phil degree before 31st December, 1993 or he should be a traditional or a professional artiste with highly commendable professional achievement in the subject concerned. Petitioner, the private respondent and 33 other candidates responded to the said advertisement. Petitioner and other eight candidates were called for interview. The private respondent was not called. The persons, who were called for interview, had Master’s degree in Tabla and they also cleared the eligibility test for Lecturers conducted by UGC. Private respondent applied on the basis that he is a traditional or a professional artiste with highly commendable professional achievement in the subject concerned. Later on, private respondent was called for the interview. The private respondent submitted certain documents to satisfy that he is eligible in terms of the advertisement. While nine candidates having Master’s degree and certificate of clearing eligibility test for Lecturers conducted by UGC were found eligible on the basis of qualification that they had and what was established by them in course of interview, it was found that the private respondent is also eligible as a traditional or a professional artiste with highly commendable professional achievement in the subject concerned, also on the strength of documents produced by the private respondent at the time of interview. Thereupon the selection committee decided to select the private respondent. 2. In the present writ petition, the sole contention is that the private respondent was not eligible in terms of the advertisement. In order to demonstrate that the selection committee had appropriate records before it for the purpose of declaring that the private respondent was eligible, the records perused by the 3 selection committee were called for and the same have been produced. From those records, it appears that the private respondent learnt Tabla from late Ustad Afaque Husain Khan from 1984 to 1990 and thereafter until 23rd February, 2005 from Ilmas Husain Khan. Those records did not indicate anything as to who was Ustad Afaque Husain Khan and who is Ilmas Husain Khan and what are their credential as maestro of Tabla. Those records also suggested that on 5th April, 2000 petitioner obtained a Junior Fellowship in the field of Hindustani Music (I) for a period of two years, with effect from 1st March, 2000 and that the value of the fellowship was Rs. 3,000/- per month. Those records also contained a certificate issued by All India Radio certifying that the private respondent has been considered as a ‘B’ grade Tabla artiste. Those records further accompanied a certificate issued by All India Radio stating that on a particular date, petitioner accompanied in Tabla. There were other certificates suggesting that the private respondent is teaching higher classes Visharad and Nipun. Therefore, there was nothing before selectors to adjudge whether private respondent, being a traditional or a professional Tabla artiste, achieved highly commendable professional achievement in the subject Tabla. That being the situation, petitioner is right in contending that the selectors, at the time of selection, had nothing before them from where they could cull out that the private respondent has achieved highly commendable professional achievement in Tabla. 3. We, accordingly, allow the writ petition; set aside the selection which remains stayed all through out these years but having regard to the passage of time, mould the relief by directing the University to re-advertise the post. In the event the advertisement is responded by the petitioner or by any of those other nine respondees to the advertisement dated 10th November, 2004 who had been called at interview or by the private respondent, their applications shall not be rejected on the ground that they have 4 crossed the age bar. They shall be treated to be otherwise eligible for being selected despite having had crossed the age bar. ( Sudhanshu Dhulia, J. ) ( Barin Ghosh, C.J.) 24.03.2011 P. Singh