NARENDRA KUMAR VYAS,J. - (1.)The petitioner has filed this petition assailing the order dtd. 14/7/2011 (Annexure P/1) issued by respondent No. 4/Guru Ghasidas University (for short "the University") by which the petitioner who was working as Lecturer (Management) has been terminated on the count that the petitioner has not fulfilled essential qualification and as per affidavit dtd. 24/5/2004 submitted by the petitioner that if any question with regard to eligibility of the petitioner arises, the decision of the University will be binding upon the petitioner. It has been further mentioned in the order that the University has enquired about education qualification of the petitioner from Association of Indian University (for short "the AIU") and Andhra University from where the petitioner has cleared Master of Human Resource Management (MHRM) course and it has been informed that the MHRM is not minimum qualification for Lecturer (Management). As such, the University has sent show cause notice on 23/5/2011 and the reply to the said notice was found unsatisfactory, therefore, services of the petitioner have been terminated.
(2.)Learned counsel for the petitioner would submit that as per advertisement dtd. 26/6/2000 (Annexure P/2), the educational qualification and experience required for appointment on the post of Lecturer (Management) are as prescribed by the University Grant Commission (UGC)/ All Indian Council for Technical Education (AICTE)/State for teaching posts in Humanities and Science disciplines i.e. good academic record with atleast 55% marks at the Master's degree level in the relevant subject from an Indian University or an equivalent degree from a foreign University. Desirable- Besides fulfilling the above qualifications, candidate should have cleared the National Eligibility Test for Lectures conducted by the UGC, CSIR or similar tests accredited by the UGC.
(3.)The petitioner who is having degree of MHRM and NET cleared in Labour Welfare and Industrial Relations/ Labour and Social Welfare/ Human Resource Management and belongs to SC/ST category applied for appointment on the post of Lecturer (Management) and after due selection process initiated by the University, he was appointed as Lecturer (Management). Learned counsel for the petitioner would submit that during selection process, respondents No. 5 and 6 made a complaint on 23/4/2004 (Annexure P/4) to the Vice Chancellor of the University i.e. His Excellency the Governor of State of Chhattisgarh with regard to educational qualification of the petitioner and the Executive Council has sought opinion from the expert of the concerned subject (Dean) and after verifying the educational qualification of the petitioner gave an opinion and has recommended for appointment of the petitioner on the post of Lecturer only thereafter, the petitioner was appointed for probation period of two years and after completion of the probation period, a certificate to that effect was issued in favour of the petitioner on 5/4/2008 (Annexure P/10) and the petitioner has been granted status of regular teaching faculty member of the University.