Satyendra Narayan Singh vs Ranchi University

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/JETâ€, 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. Â

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.

4. A supplementary affidavit dated 27.02.2008, has been filed on behalf of the petitioner, wherein, it has been submitted that due to inadvertence,

the validity of the eligibility criteria laid down in advertisement no. 1 of 2007, whereby the J.P.S.C. (respondent no. 2) has purported to, in relation to

the post of lecturer in the faculty of law was left out, the petitioner be allowed to challenge the inclusion of eligibility criteria, for having passed the JET

or NET examination, when the J.P.S.C. has not conducted any JET examination upto 2007. It has been averred that Dr. C. Hembrom and Sri Alkesh

Jain have been working alongwith the petitioner on the post of Lecturers on contract basis at Jamshedpur Co-operative Law College and none of the

aforesaid lecturers have shown their credit possession of JET certificate, but the JPSC has issued Admit Card to them against the purported

Examination held after Advertisement No. 1 of 2007. The Respondents have till date not decided and selected any of the candidate fit for being

appointed against 6 vacant posts of Lecturer.    Â

5. Controverting the averments made in the writ application, a counter affidavit has been filed by the respondent no. 2, contending, therein, that in

pursuance to the requisition given by the Ranchi University, Ranchi, Vinoba Bhave University, Hazaribag, Sidhu Kanhu Murmu University, Dumka,

which were also verified by the Human Resources Development Department, Govt. of Jharkhand, Ranchi, the Advertisement No.01/07, vide

Annexure-1 to the writ application, was issued by the Jharkhand Public Service Commission, by which applications were invited from eligible

candidates for appointment of Lecturer in different subjects and after publication of Advertisement, several candidates submitted their applications

before the Commission for consideration of their candidature for appointment on the post of Lecturer. Thereafter, the JPSC issued Admit Cards to the

candidates for their interview before the interview board and after conducting the interview, the result was published on 14.01.2008. It has been

further averred that this Court in terms of order dated 14.06.2012, passed in W.P. (PIL) No. 3594 of 2011, (Budhdeo Oraon-Vs.-State of Jharkhand

and Ors.) and analogous cases, has been pleased to direct the Central Bureau of Investigation to enquire into the selection process and appointment

made in pursuance to instant selection process and hence, the JPSC is not in a position to take any further action in all such matters, till CBI completes

its enquiry. In view of the aforesaid facts, it is quite clear that in pursuance of Annexure-1, the recommendation has already been made in January,

2008 itself and as such, the present writ application is not maintainable and fit to be dismissed and further JPSC does not have duly authenticated

Combined Merit List of the appointment of Lecturers. Â

6. Learned counsel for the Respondent-JPSC has vociferously submitted that the process of selection has been over since 2008 itself and virtually

the writ petition has become infructuous.  Â

7. Having bestowed my anxious consideration to the rivalized submissions of the respective parties and on perusal of the records, this Court is not

inclined to accede to the reliefs sought for by the petitioner in the present writ application due to the following facts and reasons : -Â

(i)Â This Court in terms of order dated 14.06.2012, passed in W.P. (PIL) No. 3594 of 2011, (Budhdeo Oraon-Vs.-State of Jharkhand and Ors.) and

analogous cases, has been pleased to direct the Central Bureau of Investigation to enquire into the selection process and appointment made in

pursuance to instant selection process and hence, the JPSC is not in a position to take any further action in all such matters, till CBI completes its

enquiry.

(ii)Â It is quite clear that in pursuance of Annexure-1, the recommendation has already been made in January, 2008 and the process of selection has

been over since 2008 itself and virtually the writ petition has become infructuous.

8. Resultantly, the writ petition stands dismissed, being devoid of any merit.                Â

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