Order 30/01/2018
1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, claiming the following reliefs:
A. By an appropriate writ, order or direction, the advertisement dated 12.01.2015 (Annex-2) be declared illegal so far as it prescribed illegal eligibility criteria for reserve category candidates for the purpose of according appointment on the post of College Lecturers. B. By an appropriate writ, order or direction, the (2 of 4) [CW-14811/2017] respondents may kindly be directed to follow the provisions of of relaxation of 5% marks at Under Graduation Level, Post Graduation Level and for assessment of Good Academic Record to the candidates belonging to SC/ST/OBC and PH category be given effect to as mentioned by the UGC Regulations of 2010 and 2016. C. By an appropriate writ, order or direction, the respondents may kindly be directed to extent the benefits of relaxation of 5% marks at Under Graduation Level, Post Graduation Level and for assessment of Good Academic Record to the petitioner as they being a candidate belonging to SC/ST/OBC category. D. By an appropriate writ, order or direction, the respondents may kindly be directed to permit the petitioners to participate in the further selection process in accordance with the advertisement dated 12.01.2015 for the post of College Lecturer in their respective subjects. E. By an appropriate writ, order or direction, the respondents may kindly be directed to grant appointment to the petitioners on the post of College Lecturer in their respective subjects and categories in pursuance of the advertisement dated 12.01.2015 being eligible candidate according to the Eligibility criteria as prescribed by the UGC Regulations 2010 for the post of Assistant Professor/Lecturer (in the relevant subject) in case of a situation when no other application are received for the relevant subject and post.
2. Learned counsel for the parties agree that the controversy is decided by this Court in the matter of Lalit Kumar Vs. UGC & Ors. (S.B. Civil Writ Petition No.7545/2017) on 28.11.2017. The relevant portion of the order reads as under:
14. This Court has seen that Rules of 1986 have given the complete qualification to be laid down as per the University Grant Commission and admittedly the University Grant Commission has vide regulations dated 30th June, 2010 prescribed for recruitment and qualification in which as per the Regulation 3.3.0 the good academic record of 55 % (3 of 4) [CW-14811/2017] has been made mandatory for the said post.15. The bare reading of Regulation 3.4.1 also makes it clear that in the UGC notification, 5% relaxation is provide for the good academic record for the graduates and the post graduates level and strangely the State has abided some portion of the notification of the Regulation whereas other portion of the notification has been ignored. Admittedly the State utilizing the same Regulation has provided 5% relaxation at post graduates level but ignoring the same notification has denied relaxation at graduate level with no possible reasons for making such discrimination.
16. This Court has seen that this notification of 2010 was absolutely binding if read in consonance with the rules of 1986 upon the State of Rajasthan and the same is further fortified by the cover note of the NCTE notification particularly condition No.1.2 and condition No. 2 which has been reproduced above which made the condition binding upon any college affiliated with the UGC.
17. This Court has seen the precedent law cited in which the overall concept of good academic record has been upheld by this Court but at the same time it was held that the good academic record was to be decided by the expert. This Court upheld the experts opinion of stipulation of the minimum qualifications for recruitment prescribed. It is no doubt that the University Grants Commission has best experts in the country who have brought together the recruitment and qualification standards which were to be followed by every University and college.
18. It is not disputed that the all the Colleges of State of Rajasthan are affiliated to UGC. The condition of the advertisement stating that any amendment in the Rules from time to time shall govern the selection process makes it very clear that any changes in the Rules shall be governed even when the selection process is going and thus the notification of 11th July, 2016 by which University Grants Commission has amended regulation 3.4.1 by extending the scope of relaxation of 5% to the other backward classes (Creamy layer) and the same shall be applicable in the present recruitment process as per the (4 of 4) [CW-14811/2017] respondent themselves.
19. Thus in view of the aforesaid observations the present writ petitions are allowed and the respondents are directed to provide relaxation of 5% marks at UG Level, PG Level and for assessment of good academic record to the candidates belonging to SC/ST/OBC and PH Category as being mandated by the UGC Regulations of 2010 and 2016. Since already an interim order was operating in favour of the petitioners and they have participated in the selection process for the post and the selections have not culminated into finality therefore the present order shall be applicable for all petitioners only as reinitiating the selection shall be prejudicial to all the participating candidates.
3. In light of such submissions and the afore-quoted precedent law, the present writ petition is also allowed and the respondents are directed to provide relaxation of 5% marks at UG Level, PG Level and for assessment of good academic record to the to the candidates belonging to SC/ST/OBC and PH category and admittedly, the petitioner belongs to the said category. Since already an interim order was operating in favour of the petitioner and he has participated in the selection process for the post and the selections have not culminated into finality therefore, the present order shall be applicable for the petitioner only as re- initiating the selection shall be prejudicial to all the participating candidates. (DR. PUSHPENDRA SINGH BHATI)J. zeeshan/
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