Pramath Patnaik, J. - (1.) The petitioner in this writ application seeks direction upon the respondents to consider his case for appointment on the post of Lecturer in Law Faculty and also for declaration that the eligibility criteria in Advertisement No.-01/07 (Annexure-1), issued by the Jharkhand Public Service Commission to the effect "one must be holder of passing certificate NET/JET", is not necessary and further for a direction upon the respondents to accept the application form of the petitioner and other eligible candidates and allow them to participate in all proceeding for selection under the aforesaid advertisement.
(2.) The averments, as has been revealed in the writ application, in a nutshell are that the Jamshedpur Co-operative Law College is one of the Constituent College of Ranchi University. The respondent no. 5 got the affiliation from Bar Council of India as law College, when the petitioner and others were working on contractual basis having L.L.M. Degree. It has been averred that an Interview Board was constituted by Ranchi University for appointment of contractual Lecturers in Jamshedpur Co-operative Law College, the petitioner with other Teachers working at Jamshedpur Co-operative Law College applied and was issued interview letter dated 14.11.2006. The petitioner and others appeared at the duly constituted Selection Board on 17.1.2007 and were selected and were appointed afresh on contractual basis by issue of letter of appointment. In the year 2006, Jharkhand Public Service Commission conducted a Jharkhand Eligibility Test for appointment of Lecturer in all Universities of Jharkhand including Ranchi University, but examination for Law Faculty was not held. The petitioner and others made enquiry from Ranchi University and was given to understand that as Lecturers at Jamshedpur Cooperative Law College were already working, therefore, the advertisement were for the post of other Law Colleges of the University and the petitioner had applied for the post as advertised for 2006 JET examination. It has been averred that under Section 1 (b) of Section 57 of Jharkhand State Universities Act, 2000, for the appointment of Lecturers in University Commission shall invite application for candidates who have passed Master Degree. The Commission is required to prepare merit list as the vacancies notified by the University and the subject wise merit list shall consist of twice the number of vacancies. Against the vacancies notified for different faculties, but not for Law, for the University, i.e. Ranchi University, Vinoba Bhave University, Siddu Kanhu Murmu University, the Jharkhand Public Service Commission issued Advertisement No.01/JET as published on 20.07.2006 in Hindustan Daily Newspaper, for holding eligibility test of lecturers of 2002 and on 14.01.2007 in Hindustan Daily, result of JET was published for the said result of Ranchi University, but, no result was published for the post Lecturer in Law of Ranchi University. It has been averred that after obtaining the affiliation of Bar Council of India, the authorities of Jamshedpur Co-operative Law College and Ranchi University sent the name of the petitioner and other Guest Lecturers as Faculty member of Law College, respondent no. 5. As per the assurance given by the Ranchi University and Jamshedpur Co-operative Law College, services of the petitioner and others were liable to be regularized in future and on their assurance, the petitioner joined the Guest faculty on 30.09.2005 at Jamshedpur Co-operative Law College in pursuance to the letter dated 30.09.1995 and the notification dated 09.08.2005 of the Ranchi University and since then, the petitioner has been performing the duties of Lecturers of Jamshedpur Cooperative Law College. The Jharkhand Public Service Commission published Advertisement No. 01/07 for appointment of Lecturers in all Universities, including Ranchi University at Law College and meaning thereby the post of Lecturer at Jamshedpur Co-operative Law College also and as per the Advertisement only NET/JET/ or Ph. D. Holder shall be allowed to apply and appear for interview and last date for submitting the application is 26.02.2007. On representation of the petitioner dated 3.2.007 (Annexure-2) before the Chairman of J.P.S.C., contending therein, that the petitioner and other persons are already working on contractual basis and hence, they are entitled to be considered for regularization, the Dean of Faculty of law, Ranchi University also forwarded the application of the petitioner. However, the representation of the petitioner has fallen on the deaf ears of the respondents and since the last date of submission of the form was 26.02.2007, the petitioner left with no alternative and efficacious remedy has been constrained to knock the door of this Court under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Learned counsel for the petitioner has strenuously urged that the portion of impugned eligibility, clause of possession of passing certification of NET/JET for candidates is arbitrary and violative of Articles 14 and 16 of the Constitution of India. Learned counsel further submits that in view of the fact that having not conducted any JET Examination for the post of Lecturer in Law, at any time earlier, the Jharkhand Public Service Commission cannot be allowed to attach any such qualification and deny the right of the petitioner to be candidate/applicant for the post of Lecturer, when the petitioner and others have necessary qualification as per bar Council of India Rules for law Teachers. Learned counsel further submits that the Ranchi University in particular, is bound by the porinciples of promissory estoppel to consider the case of the petitioner and other contractual Lecturers for being regularized to the post of Lecturer of Jamshedpur Co-operative Law College, which is a Constituent College.;