- (1.) DR . J.P. Kulshreshtha and three other Lecturers in the English Department of the University of Allahabad have invoked the jurisdiction of this Court by means of this petition under Article 226 of the Constitution challenging the selection and appointment of Dr. Mrs. Hemlata Joshi and five others to the posts of Reader in the English Department of the University.
(2.) IN October 1970, six posts of Readers in the English Department of the Allahabad University were advertised. The petitioners, as well as respondents Nos. 5 to 10, Dr. Mrs. Hemlata Joshi, H.S. Saxena, Dr. R.R. Dutt, I.N. Agarwal, A.K. Bhattacharya and Dr. L.M. Upadhya, who were also Lecturers in the University in English Department, applied for the same. A number of other candidates from outside also applied for the same in the prescribed form. A Selection Committee was constituted in accordance with the provisions of the Allahabad University Act, 1921, and the Statutes and Ordinances framed thereunder. The Selection Committee decided to interview the candidates who had applied for appointment to the post of Reader. On 1st March, 1973, the Selection Committee interviewed candidates at Allahabad. The petitioners and other candidates including respondents Nos. 5 to 10 were called for interview. Petitioner No. 2 Skand Gupt, did not appear before the Selection Committee as in his opinion the interview was without any authority of law. Dr. A.K. Bhattacharya, respondent No. 9, had also indicated his disinclination to appear for the interview but later he appeared before the Selection Committee for Viva Voce test. The Selection Committee recommended Dr. Mrs. Hemlata Joshi, Servasri H.S. Saxena, R.R. Dutt, I.N. Agarwal, A.K. Bhattacharya and L.M. Upadhya, respondents Nos. 5 to 10, for appointment to the six posts of Readers. Petitioner No. 2, Skand Gupt, made a representation to the Executive Council challenging the legality of the selection. The Executive Council accepted the recommendations of the Selection Committee at its meeting held on 17th March, 1973. Consequently respondents Nos. 5 to 10 were appointed Readers. Thereafter the petitioners approached the Chancellor under Section 42 of the Allahabad University Act (hereinafter referred to as the Act) and submitted their representation against the appointment of respondents Nos. 5 to 10. The Chancellor by his order dated 22nd November, 1973, which was communicated to the petitioners on 15th December, 1973, upheld the selection and appointment of the said respondents and rejected the petitioners representation. Aggrieved, the petitioners approached this Court by means of this petition challenging the validity of the selection and appointment of the respondents. They have claimed relief for quashing the order of the Chancellor dated 22nd November, 1973, and the resolution of the Executive Council dated 17th March, 1973, appointing the respondents as Readers and the recommendations of the Selection Committee. They have further claimed a relief of mandamus directing the Executive Council and the University to make appointments in accordance with law. Learned Counsel for the petitioners contended that the selection and appointment of Dr. Mrs. Hemlata Joshi, H.S. Saxena and I.N. Agarwal, respondents Nos. 5, 6 and 8 respectively was illegal as they did not fulfil the minimum essential qualifications prescribed for the post of Reader. It is asserted that the aforesaid respondents did not possess first or high second class Master's degree in the subject of English and as such they were not eligible for appointment to the post of Reader; the Selection Committee committed patent error of law in selecting the aforesaid respondents and the Executive Council exceeded its jurisdiction in appointing the aforesaid respondents.
(3.) SECTION 29 of the Act lays down that teachers of the University shall be appointed by the Executive Council on the recommendations of the Selection Committee, the powers and functions of the Selection Committee are prescribed by the Statutes framed under Secs. 30 and 31 of the Act. Statutes 125 to 145 have been framed regulating the selection and appointment of teachers. In pursuance of Section 32 (2) (f) of the Act, Ordinances have been framed prescribing qualifications for the appointment of teachers in the University. Ordinance 9 (2) prescribes qualifications for appointment of teachers in the Faculties of Arts, Science, Commerce and Law. The relevant portion of Ordinance 9 which prescribes qualifications for appointment of Readers is in the following terms:- "9. The following qualifications are prescribed for the appointment of teachers in the Faculties of Arts, Science, Commerce and Law: (2) For Readers: (i) First or High Second Class Master's degree in the subject concerned and good academic record. (ii) Established reputation for sound scholarship and be competent to teach upto Master's degree and guide research. (iii) A doctor's degree, or equivalent published work. (iv) At least 5 years' teaching experience of the subject concerned in post-graduate classes in a University recognisd by law, or research experience in a Research Institute recognised by the University or the State, or the Central Government. Provided that the Selection Committee may relax the qualifications contained in clause (iii) for the post of Readers in the case of candidates whose total length of service as teachers in this University is not less than the period required to reach the maximum of the Lecturer's grade and who shall have established a reuptation as teachers. Provided further that in the case of women teachers of this (i.e., Allahabad) University, in place of qualification No. (iv) requiring 5 years' teaching experience in post-graduate classes a minimum of 5 years' teaching experience of the subject concerned in the graduate classes in this University may also be considered adequate for the post of Readers." The above Ordinance requires that a person who is candidate for appointment to the post of Reader must possess a Master's degree either in first class or in high second class in the subject with a good academic record. He must have an established reputation for sound scholarship. He is further required to have a doctor's degree or equivalent published work. The candidate must have five years teaching experience of post-graduate classes. The first proviso to the Ordinance confers power on the Selection Committee to relax qualification No. 3, namely the requirement of having a doctor's degree or equivalent published work in respect of those candidates whose total length of service as teacher in the University may not be less than the period required to reach the maximum of the Lecturer's grade and who may have established reputation as teachers. Similarly, the second proviso carves out an exception in the case of women teachers of the University. In the case of lady candidate she need not possess five years' teaching experience in post-graduate classes but she must have five years' teaching experience of the subject concerned in graduate classes in the University of Allahabad. The provisions contained in the Ordinance thus make it clear that the Qualifications prescribed under sub-clauses (i) and (ii) are essential qualifications which cannot be relaxed by the Selection Committee or by any authority of the University. A candidate for appointment to the post of Reader is essentially required to possess a Master's Degree in first or high second class and a good academic record. In addition to that, the candidate must have reputation of sound scholarship and be competent to teach upto Master's Degree and guide Research. These are two essential qualifications which cannot be dispensed with. In the absence of any of these two qualifications a candidate is not eligible for selection or appointment to the post of Reader and the Selection Committee has no jurisdiction to select a person for appointment who may not be fulfilling any of these two essential qualifications.;