C.W.P. No.14063 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1) CWP No.14063 of 2008 Date of Decision: 12.08.2010 Ramesh Kataria ........Petitioner Versus State of Haryana and others .......Respondents 2) CWP No.13726 of 2008 Neelam ........Petitioner Versus State of Haryana and others .......Respondents 3) CWP No.18378 of 2008 Vijay Singh ........Petitioner Versus Kurukshetra University, Kurukshetra and others .......Respondents 4) CWP No.13636 of 2008 Rajesh ........Petitioner Versus State of Haryana and others .......Respondents 5) CWP No.185 of 2009 Dr. Ajmer Singh ........Petitioner Versus State of Haryana and others .......Respondents CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. R.K.Malik, Senior Advocate with Mr. Vishal Malik, Advocate for the petitioner. 1 C.W.P. No.14063 of 2008 Ms. Suman Jain, Advocate with Mr. Manmohan, Advocate for the petitioner in CWP Nos.13726 & 13636. Mr. S.K.Jamak, Advocate for the petitioner in CWP No.185 of 2009. Mr. Vinod Bhardwaj, Advocate for the petitioner in CWP No.18378 of 2008. Mr. A.S.Virk, Advocate for respondent No.1 in CWP No.18378 of 2008. Mr. J.P.Sharma, Advocate for respondent No.4 in CWP No.13726 of 2008. Mr. Amrit Paul, Advocate for respondent No.4 in CWP No.14063 of 2004. Mr. S.C.Sibal, Senior Advocate with Mr. V.S.Rana, Advocate for K.U.K.-respondent In CWP No.14063 of 2008. Mr. R.S.Kundu, Addl. A.G., Haryana. ****** PERMOD KOHLI, J. In view of the common facts and questions of law, these petitions were heard and are being disposed of by this common order. The facts have been taken from C.W.P. No.14063 of 2008. Facts from CWP No.14063 of 2008:- Respondent-Colleges are all aided institutions in the State of Haryana. These Colleges advertised posts of Lecturers in various disciplines. Petitioner in CWP No.14063 of 2008 applied for the post of Lecturer in Chemistry in response to the advertisement dated 01.10.2007. Selection Committee constituted in accordance with “The Haryana Affiliated Colleges (Security of Service) Act & Rules”, selected the petitioner. Selection of the petitioner was duly approved 2 C.W.P. No.14063 of 2008 by the University as per the requirement of law. Commissioner, Higher Education, Haryana issued letter dated 09.07.2008 (Annexure P-6) to the Principal of the respondent-Aided College to deduct the marks, awarded to the petitioner for weightage of SLET exam and re- determine the merit and prepare a new panel of selection and the same be sent for the approval to the University and Directorate after obtaining the signatures of the member of Selection Committee. The petitioners are aggrieved of this letter, which is under challenge in the present petitions. From the reply, filed by the respondents-State, it appears that this letter has been issued for withdrawal of the marks, allotted to the petitioner and other candidates, who had qualified SLET and have been selected. It is pleaded that no weightage for passing SLET is given to the candidates in view of the criteria laid down by the State Government, vide its memo dated 21.11.2007. Vide the aforesaid memo, the Government had circulated the criteria for selection of Lecturers in the Government Aided Private Colleges in the State of Haryana. The relevant criteria is as under:- 1. Academic Record (See Point No.1 in Notes) Masters level Degree 20 maximum marks (i) Marks obtained 55% being minimum qualifications 5 marks (ii) 56-70% 1 mark for each additional percentage point. Maximum 20 marks shall be awarded to 70% and above. Above 5% shall be rounded of to next percentage point and below 5 shall be rounded of the lower percentage point. 3 C.W.P. No.14063 of 2008 II. Good Academic Record 10 maximum marks (i) 1st Division in all three lower examinations i.e. B.A., Prep or +2; and Matric prior to MA/M.Sc./M.Com. 10 marks (ii) 1st Division in two lower examinations i.e. B.A., Prep or +2; and Matric prior to MA/M.Sc./M.Com. 7 marks (iii) 1st Division in one lower examinations i.e. B.A., Prep or +2; and Matric prior to MA/M.Sc./M.Com. 5 marks III Weightage for additional/Higher Qualifications 15 maximum marks a) Ph.D + NET + M.Phil 15 marks b) Ph.D + NET or Ph.D. + M.Phil 12 marks c) NET + M.Phil 11 marks d) Ph.D. 10 marks e) NET 8 marks f) M.Phil 7 marks It is pleaded on behalf of the respondents that 8 marks are prescribed only for the NET and not for the SLET examination and thus, 8 marks awarded to the selectees, who had qualified SLET is to be deducted and merit to be re-determined. I have heard learned counsel for the parties. Selection/appointment to the post of Lecturers in the Private Aided Affiliated Colleges is governed and regulated by the Haryana Affiliated Colleges (Security of Service) Act, 1979 and the Haryana Affiliated Colleges (Security of Service) Rules, 2006. These rules were amended on 07.09.2007. Rule 6 deals with the qualification whereas Rule 7 deals with the mode of recruitment. The same are reproduced is as under:- “Qualifications : 6. No person shall be appointed to any post in the Service unless he is in possession of 4 C.W.P. No.14063 of 2008 qualifications and experience as specified by the UGC/University/State Government, as the case may be. Method of Recruitment: 7. (I) Recruitment to the Service shall be made— (b) In the case of lecturer, including in Physical Education and Librarian by direct recruitment through a Selection Committee comprising the following:-- (I) Chairperson of the Governing Body of the College or his/her nominee. (II) Principal of concerned College. (III) Two nominees of Vice-Chancellor. (IV) One nominee of the Higher Education Commissioner. (V) One Subject Expert to be chosen by the Higher Education Commissioner. (VI) One Subject Expert to be chosen by Managing Committee out of a panel of three recommended by Vice-Chancellor. Note:- Recommendations of Selection Committee in respect of Private Colleges to be got approved from the Vice-Chancellor and Director.” The memo dated 21.11.2007 whereby the criteria for Lecturers was circulated also contains a Note appended to the criteria, which reads as under:- “(i) No written test will be organized for filling up these posts UGC instructions and relevant service rules will be followed in the recruitment process.” The selection was made pursuant to the advertisement issued by the College. The stipulation regarding qualification has been notified, vide the aforesaid recruitment, which reads as under:- 5 C.W.P. No.14063 of 2008 “Qualification/Grade/Age/Reservation Policy/Relaxation/Criteria for Selection and Pension etc. as per latest norms of UGC/HEC, Haryana/K.U. Kurukshetra. Requirement of NET shall remain compulsory, however, the candidates having Ph.D. or M.Phil Degree in the concerned subject are exempted from NET.” From the conjoint reading of the rules, the advertisement and the note appended to the criteria, it is evident that the qualifications and criteria for selection is as per the UGC norms laid down in this regard. University Grants Commission notified the norms for selection for the post of Lecturer. The norms have been placed on record, vide Annexure P-4. The same is reproduced hereunder:- “UNIVERSITY GRANTS COMMISSIONER Ensuring quality higher education for all NATIONAL ELIGIBILITY TEST (NET) Scope of NET & SLET a. Eligibility for Lecturership Clearing of NET confers eligibility for Lecturer-ship upon Indian nationals, i.e. the NET qualified candidates are eligible to apply for the post of lecturer in all Indian Universities/ Institutes/Colleges. It was revolved in the UGC’s Commission Meeting held on 1.11.2001 that commencing from the SET examinations scheduled in or after June, 2002, the SET qualified candidates shall be eligible for appointment to the post of Lecturer only in the Universities/Colleges belonging to the State from where they have passed the SET examination. The status of SET shall remain unchanged for SET examinations conducted prior to 1st June, 2002, that is, the candidates clearing SET were eligible for appointment to the post of Lecturer anywhere in India.” From the above norms, it appears that NET and SLET both constitute eligibility criteria for appointment to the post of Lecturer. The candidates, who have qualified NET, are eligible for 6 C.W.P. No.14063 of 2008 appointment to the post of Lecturers anywhere in the India whereas State Eligibility Test (SET), qualified candidates are eligible for appointment to the post of Lecturers only in the Universities/Colleges of the State from where they have passed the said examination. It thus, emerges that such of the candidates, who have qualified SLET are eligible for appointment to the Colleges/Institutions in that State. In the present case, such of the candidates, who have passed the SLET, are eligible for appointment as Lecturer in the Colleges/Universities in the State of Haryana. This position is even admitted in the written statement filed by the State as also the University. In the reply filed by the State of Haryana, the relevant averments are contained in Para 3 of the reply, which reads as under:- “That it is submitted that the NET qualified Candidates are eligible to apply for the appointment to the Post of Lecturer in all Universities/Colleges all over India and that the SLET qualified Candidate are eligible to apply for the Post of Lecturer only in University/College belonging to the same State whose SLET examination they have cleared. However, the petitioner fulfills the minimum qualification for the Post of Lecturer in Chemistry but as per criteria fixed by the Government, the petitioner is not entitled for 8 marks which has wrongly been given by the Selection Committee.” Respondents have also placed on record a memo dated 21.02.2002 from the Government of Haryana, Higher Education Commissioner address to the Universities and the Non Government 7 C.W.P. No.14063 of 2008 Affiliated Colleges (Annexure R/1). The aforesaid memo reads as under:- “Reference Govt. Letter No.1/1/99 Edu. 1(I) dated 8.12.2000 vide which the notification of pay revision of lecturers working in University/Colleges was issued. It is intimated that in the above referred notification following provision has been made under Annexure VI note (iv):- NET shall remain the compulsory requirement for appointment as lecturer even for candidates having Ph.D. degree. The UGC vide its letter No.F.4-2/90 (NET) dated 8.1.2002 has further decided as under:- That henceforth beginning from the NET Examination to be conducted in June 2002 and SLET Examination scheduled in or after June 2002 the NET qualified candidate shall be eligible to apply for the appointment to the post of lecturer in all Universities/Colleges all over India and that the SLET qualified candidates shall be eligible to apply for the post of lecturer only in the University/Colleges belonging to the same State whose SLET Examination they have cleared. That State Govt. has considered the matter and decided to act upon the clarification/decision received from the UGC as mentioned above. You are requested to take further action accordingly.” 8 C.W.P. No.14063 of 2008 From the bare perusal of the aforesaid memo, it appears that State Government had adopted the norms of UGC as far back in February, 2002 and SLET qualified candidates were declared eligible for the post of Lecturer in the University/Colleges belonging to the State. The advertisement as also the criteria (Annexure P-1) specifically provide for eligibility as per the UGC norms. Though in the detailed criteria, 8 marks are allocated for NET qualified candidates, however, the SLET qualified candidates being at par with NET qualified candidates cannot be denied the weightage of 8 marks. Petitioners were granted weightage of 8 marks on the basis of their SLET qualification by the Selection Committee constituted under the rules. The Selection Committee comprises of the nominees of the Higher Education Department of the State and two nominees of the Vice Chancellor besides subject experts chosen by the Government. The Expert Committee made selection by applying the criteria and prescribed qualifications. The petitioners have been selected. The impugned order came to be passed after their selection. Even though selectees have no right of appointment if the employer do not want to fill up the post, however, this principle is not attracted in the present case. Vide the impugned order, a direction has been issued to deduct 8 marks allotted to the petitioners and to re-determine the merit. This order has been passed even without giving any opportunity of hearing to the petitioner and is thus in gross violation of principles of natural justice apart being contrary to the laid down norms. There is express admission in the reply to the effect that SLET qualified candidates are eligible for appointment in the State of Haryana. 9 C.W.P. No.14063 of 2008 The impugned order is, thus, totally illegal and unjust. Same is hereby quashed. Consequently, these petitions are allowed. Respondents are directed to make appointments on the basis of selection made by the competent Selection Committee. Such of the petitioners, who have qualified SLET and have been selected by the Selection Commission, are entitled to be appointed to the post of Lecturer in their respective disciplines. Let the consequential appointment orders be issued within a period of one month. Copy of this order be placed on record of each connected file. 12.08.2010 (PERMOD KOHLI) Gagan JUDGE NOTE: Whether to be referred to Reporter or not? Yes 10