Virendra Kumar Darji @APPELLANT@Hash University Grants Commission

This writ petition has been preferred with the following prayers:

“1. That, by an appropriate writ, order or direction, the advertisement dated 12.01.2015 be declared illegal so far as they prescribe wrong

eligibility criteria for reserved category candidates for the purpose of according appointments on the post of college lecturer.

By an appropriate writ, order or direction, therespondents may kindly be directed to provide relaxation of 5% marks at UG level, PG level and for

assessment of good academic record to the candidates belonging to SC/ST/OBC and PH category is being mandated by the UGC regulations of 2010

and 2016.

By an appropriate writ, order or direction, therespondents may kindly be directed to extend the benefit of relaxation 5% marks at UG Level, PG

Level and for assessment of good academic record to the petitioner.

By an appropriate writ, order or direction, thepetitioner may kindly be declared eligible to be accorded appointment on the post of college Lecture in

pursuance to the advertisement dated 12.01.2015.

Any other appropriate writ, order or direction whichthis Hon’ble Court deems just and proper may kindly be passed in favour of the

petitioner.â€​

The party in person states that the controversy is squarely covered by judgment of Lalit Kumar Vs. The University Grants Commisison, New Delhi

& Anr. (S.B. Civil Writ Petition No.7545/2017) (decided on 28.11.2017). The relevant portion of this order reads as follows :-

“13. After hearing counsel for the parties and perusing the record of the case as well as the precedent law cited, this Court is of the opinion that in

its legislative wisdom, the State has amended the Rule of 1986 vide notification dated 17.06.1993 and has closed all options by adopting the

qualification laid down from time to time by the University Grant Commission. The State of Rajasthan has all its prerogative in its legislation but once

the legislation itself adopted the UGC qualification then it was not for the State of Rajasthan to contest the case contrary to the terms of the Rules

itself.

This Court has seen that Rules of 1986 have given the complete qualification to be laid down as per the University Grant Commission and

admittedly the University Grant Commission has vide regulations dated 30th June, 2010 prescribed for recruitment and qualification in which as per the

Regulation 3.3.0 the good academic record of 55 % has been made mandatory for the said post.

The bare reading of Regulation 3.4.1 also makes it clear that in the UGC notification, 5% relaxation is provide for the good academic record for

the graduates and the post graduates level and strangely the State has abided some portion of the notification of the Regulation whereas other portion

of the notification has been ignored. Admittedly the State utilizing the same Regulation has provided 5% relaxation at post graduates level but ignoring

the same notification has denied relaxation at graduate level with no possible reasons for making such discrimination.

This Court has seen that this notification of 2010 was absolutely binding if read in consonance with the rules of 1986 upon the State of Rajasthan

and the same is further fortified by the cover note of the NCTE notification particularly condition No.1.2 and condition No. 2 which has been

reproduced above which made the condition binding upon any college affiliated with the UGC.

This Court has seen the precedent law cited in which the overall concept of good academic record has been upheld by this Court but at the same

time it was held that the good academic record was to be decided by the expert. This Court upheld the expert’s opinion of stipulation of the

minimum qualifications for recruitment prescribed. It is no doubt that the University Grants Commission has best experts in the country who have

brought together the recruitment and qualification standards which were to be followed by every University and college.

It is not disputed that the all the Colleges of State of Rajasthan are affiliated to UGC. The condition of the advertisement stating that any

amendment in the Rules from time to time shall govern the selection process makes it very clear that any changes in the Rules shall be governed even

when the selection process is going and thus the notification of 11th July, 2016 by which University Grants Commission has amended regulation 3.4.1

by extending the scope of relaxation of 5% to the other backward classes (Creamy layer) and the same shall be applicable in the present recruitment

process as per the respondent themselves.

Thus in view of the aforesaid observations the present writ petitions are allowed and the respondents are directed to provide relaxation of 5%

marks at UG Level, PG Level and for assessment of good academic record to the candidates belonging to SC/ST/OBC and PH Category as being

mandated by the UGC Regulations of 2010 and 2016. Since already an interim order was operating in favour of the petitioners and they have

participated in the selection process for the post and the selections have not culminated into finality therefore the present order shall be applicable for

all petitioners only as reinitiating the selection shall be prejudicial to all the participating candidates.â€​

In light of such submission made by petitioner in person, the writ petition is disposed of with a direction to the respondent to decide the issue of the

petitioner by passing a speaking order within a period of 30 days from today while keeping in mind the aforementioned precedent law. It is further

made clear that until the respondent make a final consideration as directed in this order, the respondent shall permit the petitioner to participate in the

selection process as per his merit and eligibility.