MUKHOPADHAYA, A.C.J. - (1.) THIS writ petition was preferred by the petitioner, Jharkhand BET -NET Association, for a direction on the respondents to take steps for appointment of Lecturers in different Constituent Colleges of the Universities.
(2.) ACCORDING to the petitioner -Association, its members having already passed NET examination, undertaken by University Grant Commission (hereinafter to be referred as U.G.C.) or BET examination, are qualified for appointment to the posts of Lecturer, but the respondents are not making appointments inspite of vacancies in different colleges and suffering of the students. The Vice Chancellors of the Universities of the State of Jharkhand and Jharkhand Public Service Commission were directed to give time frame for appointment to the posts of Lecturer, as vacant in different Constituent Colleges of the Universities and University Departments. Affidavits were filed, but no specific time frame was given. Although, most of the Universities informed that they have forwarded the details of vacant posts of Lecturer to the State Government, they could not explain as to whether under the law there was any requirement to take prior approval of the State Government for filling up the existing vacant posts of Lecturer in Constituent Colleges and Universities. In this background, the Vice - Chancellors of Ranchi University, Ranchi; Vinoba Bhave University, Hazaribagh; Sidho Kanho Murmoo University, Dumka; the Secretary, Higher Education, Government of Jharkhand, Ranchi and the Secretary, Jharkhand Public Service Commission, Ranchi (hereinafter to be referred as J.P.S.C.) were directed to appear and assist the Court.
(3.) THE matter was discussed with the aforesaid officials and the Vice Chancellors of the Universities. It was pointed out that the Universities of the State, being autonomous bodies, the State Government cannot interfere with their day to day functioning. It is only at the time of creation of posts and appointment, the University is required to obtain prior sanction and approval of the State Government under Section 35 of the Universities Act. For making requisition to Public Service Commission to fill up the vacant posts, in absence of any requirement under the law to take prior approval of the State Government, the University can make straightaway requisition to the Public Service Commission, showing the number of vacancies.;