VIKRAM NATH,J. - (1.) Petitioners who claim to be eligible for appointment as Assistant Lecturers in Hindi and Physiotherapy have preferred this petition under Article 226 of the Constitution, impleading (i) Union of India through Secretary, Department of Higher Education Ministry of Human Resource Development, New Delhi, (ii) The University Grants Commission (UGC), through its Secretary, 35, Firoze Shah Road, New Delhi, (iii) The Joint Secretary, University Grants Commission (UGC), 35 Firoze Shah Road, New Delhi, (iv) The Banaras Hindu University, Varanasi through its Registrar, (v) The Vice Chancellor, Banaras Hindu University, Varanasi and (iv) The Registrar (Admin.), Recruitment and Assessment Cell, Banaras Hindu University, Varanasi as respondent nos.1 to 6 respectively for the following reliefs- 1. A writ order or direction in the nature of Certiorari by calling the record to quash the Rolling Advertisement No.2 of 2016-2017 (Teaching and equivalent posts) dated 16.07.2016 (Annexure No.3 to the Writ Petition) issued by the respondent no.4 and the order dated 19.02.2008 issued by respondent no.2 through respondent no.3 (Annexure 10 to the Writ Petition); and the impugned clause No.6(c) and clause No.8 (a)(v) of the UGC Guidelines dated 25.08.2006 issued by the respondent no.2. (amendment made vide Court order dated 09.01.2017). 2. A writ order or direction in the nature of Mandamus to command the respondent nos.1 to 6 to issue a fresh advertisement for teaching posts in BHU by treating each discipline/subject/department of BHU as a separate "Unit" for the purpose of application of rules of reservation in the matter of recruitment of teaching staff and to proceed with the selection process in a time bound manner as may be stipulated by this Hon'ble Court. 3. Any other writ order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case. 4. To award the cost of writ petition."
(2.) Banaras Hindu University (hereinafter referred to as BHU) a Central University constituted and established under a Central Act No. 16 of 1915 issued an advertisement being Rolling Advertisement No.02/2016-2017, inviting applications for various teaching and equivalent posts in different departments of the University (Annexure 3 to the writ petition). Petitioner no.1 claims to have applied for the post of Assistant Professor in respective discipline and petitioner no.2 claims to be fully eligible for the post of Assistant Professor in respective discipline but could not apply for the same. The petitioners noticed that the reservation applied by the University was by way of treating the University as a 'Unit' and the posts of the Professor, Associate Professor, Reader and Assistant Professor as single cadre at each level in the University. According to the petitioners the reservation for the Scheduled Castes, Scheduled Tribes and Other Backward Classes ought to have been applied by treating the posts of different levels in each subject/department as a 'Unit' and not the whole University as a 'Unit'. After advertisement was published the petitioners along with other applicants submitted a representation to the Vice-Chancellor requesting to apply the reservation, treating each department as a 'Unit'. This representation dated 25.07.2016 has been filed as Annexure 4 to the writ petition. The basis of such representation, according to the learned counsel for the petitioners, was the series of judgments delivered by the Supreme Court and the Allahabad High Court and accordingly they annexed copies of judgments along with their representations. The following judgments, according to the petitioners, clearly lay down that the reservation is to be applied in teaching positions department/subject-wise in the University. (i) Dr. Suresh Chandra Verma and Others v. The Chancellor, Nagpur University and others reported in AIR 1990 SC 2023. (ii) State of U.P. v. Dr. Dina Nath Shukla reported in (1997) 9 SCC 662. (ii) State of U.P. v. M. C. Chatopadhyay and others reported in (2004) 12 SCC 333. (iv) State of Karnataka and others v. K. Govindappa and another reported in (2009) 1 SCC 1. (v) Pramod Madhukarrao Padole and another v. Chancellor, Nagpur University and others, reported in 1991 Mh LJ 1487 (Full Bench-Bombay High Court). (vi) Dr. Raj Kumar v. Gulbarga university (FB) 1990 Kant 320- Karnataka High Court. (vii) Dr. Ram Niwas Pandey v. State of U.P. and others reported in (1996) 3 UPLBEC 1869. (viii) Dr. Smt. Anupma Sharma v. State of U.P. and others reported in 2009 (4) AWC 3967. Amitava Lala and Shishir Kumar, JJ. (ix) Dr. Vishwajeet Singh and others v. State of U.P. and others reported in 2009 (3) AWC 2929. , (x) Dr. Narendra Singh and others v. State of U.P. and others, Writ-A No. 39334 of 2012 decided on 18.02.2014 (Alld. HC).
(3.) Copy of the judgment in the case of Dr. Narendra Singh (supra) is annexed with the petition as Annexure 6 and rest of the judgments have been provided to us during course of the arguments. Petitioners have also annexed a Government Order issued by the Principal Secretary, Higher Education, Government of U.P. dated 19.02.2016 (Annexure-5 to the writ petition) which is in compliance and consequence to the judgment delivered by this Court on the above issue, meaning to say that the State Government has accepted the view expressed in the aforesaid judgments and accordingly all State Universities were directed to apply reservation on teaching posts in the State Universities treating the department/subject as a 'Unit'. Petitioners have further annexed a communication dated 19.02.2008 issued by the Joint Secretary, University Grants Commission (hereinafter referred to as the UGC) addressed to the Registrar, Banaras Hindu University, Varanasi (Annexure 10 to the writ petition) communicating the recommendations of the Standing Committee and directing to implement the reservation cadre-wise/treating the University as a 'Unit' instead of department-wise/subject wise. The contents of the said letter are reproduced below- "The Registrar, Banaras Hindu University, Varanasi-221005 Uttar Pradesh Sub: Implementation of Reservation Policy for SC/ST in Universities and Colleges-regarding. Sir, A meeting of the Sub committee of the Standing Committee on SC/ST was held in the UGC Office on 13th and 14th December 2006 and discussed the status of the implementation of the Reservation Policy of the SC/ST in Admission and appointment of the teaching and nonteaching posts. The Committee noted that most of the Universities are maintaining the Rosters department-wise or subject-wise instead of cadre-wise as per the UGC Policy of Reservation. The Committee advised that the University may be requested to prepare the revised Rosters in the light of the UGC guidelines already issued to the Universities. Major decisions taken by the Standing Committee in the meeting are as under- 1. Teaching posts. All teaching posts including Professors and Readers filled up and to be filled up depending upon the sanctioned strength should be entered in the 100 point Roster register separately for cadre of Professor and Reader as prescribed by the Government of India passed on the dates of joining of the incumbents in each cadre. All posts of lecturer, irrespective of the fact that some are promoted as Readers or Professors on personal basis shall be arranged in 100 point Roster according to seniority. Roster register shall not be maintained in each discipline or Department-wise for the post of any cadre. 2. Non-teaching posts. Non-teaching posts of Group A, B, C and D shall be filled in separately in 100 point Roster. Also, all the posts of Group D shall form one cadre under the permissible rules of grouping posts. 3. After having followed above procedure, the posts required to be filled up by SC/ST and number of SC/ST personnel in position should be worked out and backing in reservation is to be filled up in time bound manner. 4. The backlog SC/ST vacancies for teaching and Non-teaching staff should be filled up before filling any general vacancy and those on ad-hoc basis. 5. The system of appointment on ad hoc basis should be forthwith done away with, when duly qualified candidates are available for appointment on regular basis. In view of the above recommendations of the Standing Committee, you are requested to implement the reservation cadre-wise instead of department-wise/subject-wise to work out the balance of SC/ST vacancies to be filled up as backing vacancies, to initiate action for filling up the backlog vacancies immediately and report the matter to the SCT Section of UGC so that Standing Committee on SC/ST may be apprised of the position in the next meeting as and when convened by the UGC. You are also requested to inform all the colleges of your University accordingly for filling up of the backlog vacancies of SC/ST immediately." ;