Case: DINESH CHANDRA SHUKLA Vs. STATE OF U.P. &amp; ORS

Kand. He also conceded that the advertisement did not indicate any specific qualification except that the aspirant should hold a post graduate degree in the relevant subject. 11. In the absence of any specific prescription, the University ought to have referred the question of what constitutes relevant subjects, before the process of selection began. Neither the University nor the Chancellor took a stand in the first instance that the appellant was not qualified in the relevant subject. Their initial objection was that the Selection Committee did not include the subject experts nominated by the Chancellor. After it was pointed out that there were no subject experts in Karm Kand, as no University was offering a specific course in Karm Kand, the High Court thought fit to remand the matter back to the Chancellor, to ascertain whether subject experts were actually available and whether the failure of the Vice Chancellor to seek nomination of such experts from the Chancellor vitiated the whole process. Finding that the answer to the said question was too difficult to be provided, the Chancellor went on a detour to find out what are the differences between the subject of Sanskrit and the subject of Karm Kand. This was clearly erroneous and the High Court unfortunately omitted to notice this mistake. 12. Admittedly, the appellant has been teaching Karm Kand for the past nearly 16 years in the same University. Though the learned counsel for the University stated that his continuance was on account of an interim order of status quo passed by this Court, we notice that the interim order of status quo was passed only on 14.09.2015. Unless the appellant was continuing as on that date, the order of status quo would have meant nothing for him. 13. The parameters to be applied to a case where an incumbent to a post does not fulfil the qualifications prescribed for a post, are different from the parameters to be applied to a case where no specific qualifications are prescribed for a particular post. The question as to what constitutes relevant subject should have been left to the experts, before the advertisement was issued, especially when the statutes did not prescribe any specific qualifications. This did not happen in this case. In fact the question whether subject experts were available at all in Karm Kand, itself became a matter of controversy. The entire controversy appears to have arisen as a result of the tug of war in the year 2006 between the then Chancellor and the then Vice Chancellor, making the appellant a victim in the line of fire. Unfortunately, the High Court omitted to take note of all this. 14. The expression equivalent qualifications has a different connotation than the expression relevant subject. In Punjab University vs. Narinder Kumar and Others (1999) 9 SCC 8, this Court was concerned with the interpretation of the expression relevant subject. But in that case the advertisement itself prescribed the essential qualifications under one head and desirable specialisation under another head. Therefore, this Court found that though the words relevant subject did not throw any light on the question as to what are the relevant subjects for the post of a Lecturer in any specified subject, the column dealing with desirable qualifications threw light upon what was relevant. Therefore, cases in which a clue is available in the advertisement itself may stand on a different footing than cases where there is no such clue. 15. In Ganapath Singh Gangaram Singh Rajput vs. Gulbarga University (2014) 3 SCC 767, this Court was concerned with a case where applications were invited for appointment to the post of Lecturer in MCA, from candidates holding a post graduate degree in the relevant subject. As a matter of fact, this Court found that candidates with Masters degree in Computer Applications were available, but a candidate with Masters degree in Mathematics was selected. This Court found fault with the decision of the Board of Appointment in selecting the candidate with a Masters degree in Mathematics with a flawed reasoning that Mathematics is one of the subjects taught in MCA. 16. In the case on hand no candidate was available with a post graduate degree in Karm Kand and the Selection Committee which comprised of a representative of the Department of Sanskrit found the appellant to possess a Masters degree in the relevant subject. The appointment itself was to the post in the Department of Sanskrit. 17. In fact, during the pendency of the writ petition before the High Court, the Academic Council of the University held a meeting on 22.08.2013. Agenda No.10 for the said meeting related to the qualifications for appointment to the post of Lecturer in Karm Kand. The recommendation made by the Head of the Department of Sanskrit was accepted by the Academic Council. Agenda Item No.10 of the said meeting of the Academic Council reads as follows: Agenda No.10: Recommendations of Department of Sanskrit. Prof Uma Rani Tripathi Head of the Department, Department of Sanskrit gave the information related to the recommendation of the Department of Sanskrit by apprising that the Academic Qualification of the Karm Kand and for the post of Professor of Sanskrit be kept one and the same as well as the Specialized experience of karm kand be stipulated as compulsory which was passed unanimously. 18. If only the High Court had looked into the minutes of the meetings of the Academic Council it could have easily appreciated that the appellant was entitled to succeed. 19. Under Section 25(1)(c) of the U.P. University Act, the Academic Council is empowered to advise the Executive Council with regard to the qualifications required to be possessed by persons imparting instructions on particular subjects. Therefore, the minutes of the meetings of the Academic Council dated 22.08.2013 has clinched the issue in favour of the appellant. Hence it is time for the University to put an end to this Yuddh Kand and allow the appellant to move from Karm Kand to Karm Phal Kand.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]4. Before we proceed to consider the core issue arising for consideration, we are obliged to take note of the fact that admittedly the appellant was engaged as a Guest Lecturer on remuneration of Rs.250/- per lecture subject to a maximum of Rs.5000/- per month from the year 2006. Ever since then the appellant has been teaching students undergoing a one year diploma course in Karm Kand for the past nearly 16 years.5. The next thing we have to take note of before we take up for consideration the issue arising in the above appeal, is that the appellant, and perhaps the entire selection process undertaken in 2006 by the University, became victims of the crossfire between the Chancellor and the Vice-Chancellor.9. Obviously the consultations made by the Chancellor with certain persons and the information gathered by him before passing the order impugned before the High Court, were beyond the scope of order of remand passed by the High Court. The information collected by the Chancellor not only enlarged his original objections to the selection of the appellant but was also gathered behind the back of the appellant.11. In the absence of any specific prescription, the University ought to have referred the question of what constitutes relevant subjects, before the process of selection began. Neither the University nor the Chancellor took a stand in the first instance that the appellant was not qualified in the relevant subject. Their initial objection was that the Selection Committee did not include the subject experts nominated by the Chancellor. After it was pointed out that there were no subject experts in Karm Kand, as no University was offering a specific course in Karm Kand, the High Court thought fit to remand the matter back to the Chancellor, to ascertain whether subject experts were actually available and whether the failure of the Vice Chancellor to seek nomination of such experts from the Chancellor vitiated the whole process. Finding that the answer to the said question was too difficult to be provided, the Chancellor went on a detour to find out what are the differences between the subject of Sanskrit and the subject of Karm Kand. This was clearly erroneous and the High Court unfortunately omitted to notice this mistake.12. Admittedly, the appellant has been teaching Karm Kand for the past nearly 16 years in the same University. Though the learned counsel for the University stated that his continuance was on account of an interim order of status quo passed by this Court, we notice that the interim order of status quo was passed only on 14.09.2015. Unless the appellant was continuing as on that date, the order of status quo would have meant nothing for him.13. The parameters to be applied to a case where an incumbent to a post does not fulfil the qualifications prescribed for a post, are different from the parameters to be applied to a case where no specific qualifications are prescribed for a particular post. The question as to what constitutes relevant subject should have been left to the experts, before the advertisement was issued, especially when the statutes did not prescribe any specific qualifications. This did not happen in this case. In fact the question whether subject experts were available at all in Karm Kand, itself became a matter of controversy. The entire controversy appears to have arisen as a result of the tug of war in the year 2006 between the then Chancellor and the then Vice Chancellor, making the appellant a victim in the line of fire. Unfortunately, the High Court omitted to take note of all this.14. The expression equivalent qualifications has a different connotation than the expression relevant subject. In Punjab University vs. Narinder Kumar and Others (1999) 9 SCC 8,  this Court was concerned with the interpretation of the expression relevant subject. But in that case the advertisement itself prescribed the essential qualifications under one head and desirable specialisation under another head. Therefore, this Court found that though the words relevant subject did not throw any light on the question as to what are the relevant subjects for the post of a Lecturer in any specified subject, the column dealing with desirable qualifications threw light upon what was relevant. Therefore, cases in which a clue is available in the advertisement itself may stand on a different footing than cases where there is no such clue.15. In Ganapath Singh Gangaram Singh Rajput vs. Gulbarga University (2014) 3 SCC 767,  this Court was concerned with a case where applications were invited for appointment to the post of Lecturer in MCA, from candidates holding a post graduate degree in the relevant subject. As a matter of fact, this Court found that candidates with Masters degree in Computer Applications were available, but a candidate with Masters degree in Mathematics was selected. This Court found fault with the decision of the Board of Appointment in selecting the candidate with a Masters degree in Mathematics with a flawed reasoning that Mathematics is one of the subjects taught in MCA.16. In the case on hand no candidate was available with a post graduate degree in Karm Kand and the Selection Committee which comprised of a representative of the Department of Sanskrit found the appellant to possess a Masters degree in the relevant subject. The appointment itself was to the post in the Department of Sanskrit.17. In fact, during the pendency of the writ petition before the High Court, the Academic Council of the University held a meeting on 22.08.2013. Agenda No.10 for the said meeting related to the qualifications for appointment to the post of Lecturer in Karm Kand. The recommendation made by the Head of the Department of Sanskrit was accepted by the Academic Council.18. If only the High Court had looked into the minutes of the meetings of the Academic Council it could have easily appreciated that the appellant was entitled to succeed.19. Under Section 25(1)(c) of the U.P. University Act, the Academic Council is empowered to advise the Executive Council with regard to the qualifications required to be possessed by persons imparting instructions on particular subjects. Therefore, the minutes of the meetings of the Academic Council dated 22.08.2013 has clinched the issue in favour of the appellant. Hence it is time for the University to put an end to this Yuddh Kand and allow the appellant to move from Karm Kand to Karm Phal Kand.