Jaydeep Singh Bais vs State of M.P.

Sanjay Yadav, J.—Arguments heard.

Petitioner, a contender for the post of Assistant Professor (History) in Higher Education Department advertised by the Madhya Pradesh Public Service Commission, has raised the grievance as to the qualification prescribed vide Advertisement No. 01/2014/9.7.2014, which as per the petitioner has created embargo to participate in selection process.

Having done his graduation in Science in the year 1994, petitioner changed the stream and did his Post Graduation in History from Rani Durgawati Vishwavidyalaya, Jabalpur in the year 1998. In 1999, petitioner cleared his National Educational Test conducted by the University Grants Commission in History.

That, the State of Madhya Pradesh through Higher Education Department decided to fill vacant posts in various discipline of Assistant Professor through the State Public Service Commission. That, by Advertisement No. 1/2014/9.7.2014 applications are invited to fill in these posts. Last date of application which was 20.08.2014, has been extended till 30.8.2014.

That, following eligibility as laid down for an incumbent to possess in order to participate in selection for the post of Assistant Professor (History) is prescribed :-

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(a) Educational Qualification Prescribed by University Grants Commission from time to time. At the Post Graduate level there should be at least 55% marks provided that for the Schedule Castes and Schedule Tribes candidates the percentage of marks shall be 50%.

(b) Passed National Eligibility Test (NET) or Madhya Pradesh State Level Eligibility Test (SLET) or Ph.D. Degree Holder.

(c) National Eligibility Test (NET) shall be compulsory qualification for appointment as Assistant Professor for those who are having only Post Graduate Degree. However, the candidates having Ph.D. Degree in the concerned subject are exempted from National Eligibility Test (NET) Examination for Post Graduate level and under graduate level teaching. The candidates having M. Phil. Degree in the concerned subject is exempted from National Eligibility Test (NET) for Under Graduate level teaching only.

It is eligibility criteria fixed at Clause 2(v)(7) which has troubled the petitioner as he does not have to his credit the qualification as sought at Graduate Level. This has resulted in his ouster from the zone of consideration.

7.Though, it is contended that the criteria as prescribed is over and above the criteria fixed by the University Grants Commission and that other Universities in the Country have adhered to the norms settled by the University Grants Commission except the Higher Education Department which is an insignia of an arbitrary exercise of power. It is also contended that since there is no prohibition to change the subject at Post Graduate Level, therefore, the recruitment policy should be amended suitably to accommodate petitioner and the like.

The fact, however, remains that it being within the discretion of the Appointing Authority to lay down the qualification which generally is in the domain of the policy and are formulated by experts, the scope of judicial review is very limited.

Trite it is that it is open to the Appointing Authority to lay down requisite qualifications for recruitment to government service as the laying down of qualification pertains to domain of policy.

In Banarsi Das and Others Vs. The State of Uttar Pradesh and Others, it has been observed :-

�4. �� In our opinion, it is open to the appointing authority to lay down the requisite qualifications for recruitment to Government service and it is open to the authority to lay down such prerequisite conditions of appointment as would be conducive to the maintenance of proper discipline amongst Government servants. �

Article 16 of the Constitution is an instance of the application of the general rule of equality laid down in article 14, with special reference to the opportunity for appointment and employment under the Government. Like all other employers, Government are also entitled to pick and choose from amongst a large number of candidates offering themselves for employment under the Government.�

In State of Bihar and Others Vs. Project Uchcha Vidya, Sikshak Sangh and Others, , it has been held that laying down qualification is a governmental function (Please see paragraph 91).

In view whereof, since the petitioner has failed to establish that the qualification laid down by the respondents for appointment to the post of Assistant Professor suffers from vice of arbitrariness, no interference is caused.

Consequently, petition fails and is dismissed. No costs.