V. M. Sahai and Sabhajeet Yadav, JJ. - (1.) -The petitioner passed Master of Computer Application (in brief M.C.A.) in first class. He belongs to O.B.C. category. An advertisement was issued by Veer Bahadur Singh Poorvanchal University, Jaunpur on 9.10.1999 for appointment of Lecturer on ad hoc basis on honorarium in the M.C.A. department. The petitioner after facing selection committee was appointed and he joined on 23.2.1999 and worked till 30.9.2001. On 17.8.2000 Advertisement No. 3/1/2000 was issued inviting applications for regular appointment on the post of Lecturer in Computer Applications mentioned at item No. 16 of the advertisement. In the advertisement following essential qualifications were prescribed for the post of Lecturer, in computer application which are extracted below : Qualification other than Engineering & Technology Lecturer (1) Master's degree or an equivalent degree in the relevant subject with at least 55% marks or its equivalent grade with consistency good academic record, (2) Who has passed University Grant Commission or Council of Scientific and Industrial Research or Junior Research fellowship examination, (3) Who has been awarded Ph.D. Degree upto December 31, 1993, or (4) Who has submitted thesis or Ph.D. Degree upto December 31, 1993, or (5) Who has been awarded M.Phil Degree upto December 31, 1993 shall not be required to qualify in such comprehensive test.
(2.) THE petitioner applied in pursuance to the advertisement as an O.B.C. candidate. THE selection was only on the basis of interview. THE selection took place on 4.2.2001. THE result of interview was declared and the following four persons were selected : S.No. Name Category Qualification (1) Saurabh Pal General Category M.Sc (2) Noopur George General Category M.C.A. (3) Amrendra Singh O.B.C. Category M.C.A. (4) Prabhat Verma O.B.C. Category B. Tech Waiting List : S.No. Name Category Qualification (1) Surjit Kumar O.B.C. M.Sc (2) Shahzad Shamin O.B.C. M.C.A. The select list and the waiting list had not been disputed by the university in counter-affidavit or the supplementary counter-affidavit. In paragraph 5 of the counter-affidavit it is admitted that the petitioner was placed in the waiting list at the second position. Out of the aforesaid four selected candidates Shri Amarendra Singh did not join and Shri Prabhat Verma resigned on 8.4.2003. The petitioner claimed the post of Shri Amrendra Singh. The respondents appointed Shri Surjit Kaur, in the aforesaid vacancy, who was at Serial No. 1 in the waiting list. The petitioner challenged both the advertisement and selection of Shri Saurabh Pal and Shri Surjit Kumar. It is claimed that the qualification prescribed in the advertisement of masters degree with at least 55% marks in the relevant subject was contrary to the norms laid down for such lecturers by the All India Council For Technical Education (in brief A.I.C.T.E.). As regards selection the petitioner claims that Saurabh Pal and Surjit Kumar being only M.Sc. they were not eligible for the post of lecturer in computer applications. In the counter-affidavit filed by university the advertisement, waiting list and other facts relating to selection have not been disputed. In the supplementary counter-affidavit it is alleged that the petitioner having participated in the selection cannot challenge it.
(3.) WE have heard Shri M.A. Qadeer, learned counsel for the petitioner, Shri Anil Tiwari, learned counsel appearing for respondent Nos. 2 to 4 and Shri Prabodh Gaur, learned counsel appearing for respondent Nos. 5 and 6. Shri Neeraj Tripathi has accepted notice for respondent No. 1. The A.I.C.T.E. was set up in 1945 by a Central Government resolution as a National expert body to advise the Central and State Government for ensuring the coordinated development of technical education in accordance with approved standards. It was found that various technical institutions have come up in complete disregard of the guidelines framed by A.I.C.T.E., therefore, in 1981 the A.I.C.T.E. came to conclusion that it should be vested with statutory powers to regular and maintain the standard of technical education. The national working group was set up in November 1985 to look into the role of A.I.C.T.E. and to make recommendations so that A.I.C.T.E. be able to play its role effectively and be vested with statutory authority. Same view was taken by the National Council of Education in 1986. The Central Government enacted the All India Council for Technical Education Act, 1987 (in brief the Act 1987) for laying down norms and standards for technical institutions. The Act, 1987 as published on 28.12.1987 came into force by the Central Government notification on 28.3.1988.;