SRIPRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Indra Raj Singh, learned counsel for the petitioner and Sri Ajit Kumar Singh, learned counsel on behalf of Banaras Hindu University. An advertisement was published by Banaras Hindu University in newspapers on 14.2.2013 being advertisement No. 5/2012-13, inviting applications from eligible candidates for direct recruitment with specified qualifications and experience for the post of Professors, Associate Professors and Assistant Professors. The cut of date for receipt of applications for these posts was 21.3.2013. The candidates were required to visit the website of the University as disclosed in the advertisement for further details. The present writ petition pertains to the appointment on the posts of Reader in the faculty of Ayurveda in the Department of Kayachikitsa.

(2.) The petitioner had submitted his application in response to the advertisement and after visit to the website which provided for the qualifications required for the posts. The petitioner has not been invited for interview on the ground that he did not satisfy the essential minimum qualifications for the post. The petitioner made a representation against non consideration of his case in the matter of selection. The representation of the petitioner has been rejected by the University under order dated 24.11.2013. The petitioner has been informed that he does not fulfill the essential qualifications of eight years' teaching experience as Lecturer including three years of post graduate teaching in the concerned subject for the post applied for by the petitioner. Hence, he was not eligible for being called for interview.

(3.) Challenging the decision so taken, learned counsel for the petitioner initially made an attempt to submit before this Court that as per the details supplied by the petitioner alongwith application, he does satisfy the minimum requirements of teaching experience. However, on being confronted that the petitioner does not specify the required number of years of teaching in concerned subject, learned counsel for the petitioner made an attempt to suggest that the Regulations named by the University "UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010" provides for the teaching experience for the post of teachers equivalent to that of Readers as "a minimum of eight years of experience of teaching and/or research in an academic/research position equivalent to that of Assistant Professor in a University, College or Accredited Research Institution/industry excluding the period of Ph.D. research with evidence of published work and a minimum of 5 publications as books and/or research/policy papers." It is contended that the petitioner has thus teaching experience and, therefore, is eligible for being considered in the matter of selection.