- (1.) The appellant-Punjab University, Chandigarh had issued an advertisement No. 6/93 inviting application for verious posts in the University, fixing 9-7-1993 as the last date for receiving applications. Among the posts so advertised were two posts of Lecturers in Gandhian Studies. The advertisement prescribed qualifications for various posts. These were under two heads. A - Essential and B - Desirable/Essential Specialisations etc. Under Head-A there were two sub-paragraphs which read as follows:- A. ESSENTIAL : (a) Good academic record with at least 55% marks or an equivalent grade at Master's degree level in the relevant subject from any Indian University, or an equivalent degree from a Foreign University. (b) Candidates besides fulfilling the above qualifications should have cleared the Joint Preliminary Test (JPT) for the appointment as lecturers in Universities and colleges in the State of Punjab and Union Territory of Chandigarh or eligibility test for Lecturers conducted by UGC, CSIR or similar test accredited by the UGC. However, this requirement will not be applicable to candidates (i) who have passed UGC/CSIR Jr. F. Examination (ii) who have already been awarded Ph. D. degree (iii) who have already been awarded Ph.D., M. Phil. degree up to 31st March, 1994, or (iv) who will submit their Ph. D. thesis up to 31st December, 1993. Explanation:- The term good academic record would imply that a candidate should possess:- (i) At least 55% marks or an equivalent grade in Master's degree and (ii) At least 50% marks at the graduation level. OR At least 50% marks in Honours at the graduation level." Under (B) 'Desirable/Essential Specialisation etc.' there were various sub-Heads dealing with the various subjects in which the posts of Lecturers were advertised. In respect of Lecturers in Gandhian Studies, the following were set out under the sub-Head 'Desirable':- (B) Desirable/Essential specialisation etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lectures in Gandhian Studies: Desirable "I. The candidate should have M.A. degree in one of the following subjects:- (a) Gandhian and Peace Studies (b) History (c) Political Science (d) Sociology (e) Economics (f) Public Administration. II. (a) Research work/Ph.D./M.Phil. in Gandhian and Peace Studies. (b) Published work on Gandhian and related aspects. (c) Competence to teach Gandhian Studies to Post-Graduate students." Pursuant to this advertisement, various persons applied for the posts of Lecturer in Gandhian Studies, including the first respondent (who is the original writ petitioner) and respondents Nos. 2 and 3. After interviewing 13 candidates for the said post, the Selection Committee recommended the names of respondents Nos. 2 and 3 for the two posts of Lecturers in Gandhian Studies. The name of a third candidate Vinod Kumar Verma, was kept on the waiting list. In the minutes of the Selection Committee, it is recorded as follows: "It is certified that the selected and empanelled candidates fulfil the qualifications laid down for the post."
(2.) The Syndicate of the appellant-University at its meeting held on 1-6-1995, after considering the minutes of the Selection Committee resolved to appoint respondents Nos. 2 and 3 as Lecturers in the Department of Gandhian Studies of the appellant-University. In the meanwhile, the first respondent who was one of the candidates for the said post, filed a writ petition in the High Court of Punjab and Haryana challenging the selection of respondents Nos. 2 and 3 on the ground that these two respondents did not have the qualifications prescribed for the post. A learned single Judge of the High Court held that these two respondents did not possess the requisite qualification of an M.A. Degree in a relevant subject. He, therefore, set aside the selections so made and directed re-advertisement of these posts. This judgment has been upheld in appeal by the Division Bench of the High Court. Hence, the appellant has filed the present appeal.
(3.) The narrow question is, whether respondents Nos. 2 and 3 possess the requisite qualification of having a master degree in the relevant subject. As set out earlier, the qualifications under the heading "A: Essential" are general qualifications in which the exact subject of studies is not set out.;