- (1.) By this petition, the petitioner has challenged the appointment of six respondents from General Category as Assistant Professors (Lecturers) in the Department of History in the University of Rajasthan.
(2.) The University invited applications by its advertisement dated 12/10/1983 for appointment to 10 posts of Assistant Professors (Lecturers). The last date for submitting applications was 14/11/1983. Out of 112 applications received, the Scrutiny Committee of the University on 25/04/1984 recommended 106 candidates for being interviewed, the remaining six being found ineligible for the posts. Out of the 106 candidates so recommended, only 65 candidates appeared for interview, out of which the Scrutiny Committee selected 8 candidates who are respondents 5 to 12 before us. Out of the 8, two were earmarked for the reserved posts. We are not concerned with the selection of the said two candidates under the reserved category. The Scrutiny Committee also placed five other candidates including the present petitioner on the waiting list
(3.) The minimum qualifications for appointment to the post of Assistant Professor (Lecturer) as laid down by Ordinance 141-B of the Handbook of the University of Rajasthan, Part II, Volume I are as follows: "141-B.the following shall be the minimum qualifications for University teachers in the Faculties of Arts, Fine Arts, Social Sciences, Commerce and Science: A. Minimum qualifications for Lecturers/research Associates in the Faculties of Arts, Social Sciences, Science and Commerce: (Except in the subjects of English, Modern European Languages, Physical Education, Health Education and Sports Journalism and Home Science) (A) A Doctorate degree or research work of an equally high standard; and (b) good academic record with at least a second class (C in the seven point scale) Master's degree in a relevant subject from an Indian University or an equivalent degree from a foreign University. Having regard to the need for developing inter-disciplinary programmes, the degree in (a) and (b) above may be in relevant subjects: Provided that if the Selection Committee is of the view that the research work of a candidate as evident either from his thesis 171 or from his published work is of a very high standard, it may relax any of the qualifications prescribed in (b) above: Provided further that if a candidate possessing a Doctorate degree or equivalent research work is not available or is not considered suitable, a person possessing a good academic record (weightage being given to M. Phil. or equivalent degree or research work of quality) may be appointed provided he has done research work for at least two years or has practical experience in a research laboratory/organisation, on the condition that he will have to obtain a Doctorate degree or give evidence of research of high standard within eight years of his appointment, failing which he will not be able to earn future increments until he fulfils these requirements. "although these were the qualifications required by the University Ordinance, the advertisement inviting applications stated the following qualifications as necessary for being eligible to the posts: "Assistant Professors (Lecturers) : (Except in the subject of Drawing and Painting and Dramatics, Education, Management Studies and English) (a) A Doctorate's degree or research work of an equally high standard and (b) good academic record with at least second class (C in the seven point scale) Master's degree in a relevant subject from an Indian University or/equivalent degree from a foreign University. Having regard to the need for developing the interdisciplinary programmes, the degrees in (a) and (b) above, may be in relevant subjects: Provided that if the Selection Committee is of the view that the research work of a candidate as evident either from his thesis or from his published work is of very high standard, it may relax any of the qualifications prescribed in (b) above: Provided further that if a candidate possessing a Doctor's degree or equivalent research work is not available or is not considered suitable, a person possessing a good academic record, (weightage being given to M. Phil. or equivalent degree or research work of quality) may be appointed provided he has done research work for at least two years or has practical experience in a research laboratory/organisation on the condition that he will have to obtain a Doctor's degree or give evidence of research of high standard within eight years of his appointment, failing which he will not be able to earn future increment until he fulfils these requirements. Explanation.- For determining 'good academic record' the following criteria shall be adopted: 172 (i) A candidate holding a Ph. D. degree should possess at least a second class Master's degree; or (ii) a candidate without a Ph. D. degree should possess a high second class Master's degree and second class in the Bachelor's degree; or (iii) a candidate not possessing Ph. D. degree but possessing second class Master's degree should have obtained first class in the Bachelor's degree. 2. Persons having secured marks more than the mid point of the prescribed minimum marks for passing an examination in the second division and the prescribed minimum marks for passing an examination in the first division by a university shall be deemed to have passed that examination in the high second class. "it will be apparent that there was a divergence in the qualifications as per the University Ordinance (as quoted in the written submissions on behalf of respondent No. 5 and the qualifications as per the advertisement as stated in the rejoinder of the petitioner since in particular the Explanation does not find place in the Ordinance. The University itself has produced before us neither the Ordinance nor the advertisement issued. In the absence of a copy of the relevant Ordinance, however, it is not possible to say as to whether the qualifications mentioned in the advertisement were at variance with those mentioned in the advertisement sic Ordinance. Be that as it may.;