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MOHD. SOHRAB KHAN versus ALIGARH MUSLIM UNUVERSITY AND OTHERS

High Court of Judicature at Allahabad

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Mohd. Sohrab Khan v. Aligarh Muslim Unuversity And Others - WRIT - A No. 27793 of 2004 [2006] RD-AH 10794 (3 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Judgement Reserved on:28.04.2006

                                                      judgement delivered on 03.07.2006

Civil Misc. Writ No. 27793 of 2004

Mohd. Sohrab Khan . . . . . . . . . . . . . . . . . . . . . .Petitioner

Versus

The Aligarh Muslim University,Aligarh

and others. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Respondents.

Hon'ble V.M.Sahai,J.

Hon'ble S.U.Khan,J.

(By the Court)

Heard learned counsel for the parties.

Through this writ petition petitioner has challenged the appointment of respondent no. 3 Merajuddin Ahmad on the post of Lecturer (Chemistry) in University Polytechnic, Aligarh Muslim University,Aligarh ( hereinafter referred to as the "University). Petitioner had also applied for the said post and had participated in the selection process for the said post. The main contention of the petitioner is that the respondent no. 3 did not fulfil the essential qualifications for the post , as he was M.Sc. In Industrial Chemistry while essential qualification was M.Sc. In Chemistry. Petitioner holds the degree of M.Sc. In Chemistry.

Through advertisement no. 2 of 2004 dated 6.2.2004 University advertised 79 posts. The post in question was mentioned at serial no. 49. Essential qualification for the posts at serial no. 43 to 58 was prescribed as:

"First class Master's Degree in appropriate branch of teaching posts in Humanities & Sciences."

The post in question at serial no. 49 was described as "Lecturer in Chemistry, Humanities Sciences, University Polytechnic".

The University awards degrees in both the subjects i.e. Chemistry as well as Industrial Chemistry. Both the subjects are distinct and separate.

Learned counsel for the respondents have argued that for teaching chemistry to Diploma students ( which is 3 years course, after High School) only knowledge of basic principles of chemistry is required and a person having degree in Industrial Chemistry is also well versed in those basic principles. Learned counsel for the respondents have also argued that the Members of the Selection Committee are experts of the subject and if they found that respondent no. 3 having a Master's Degree in Industrial Chemistry was quite suitable to teach the subject of Chemistry to Diploma students, then the said decision was not lightly be interfered with by the Court.

We are sure that the authorities who prescribed the essential qualification for the post in question, as mentioned in the advertisement must also be the experts in regard thereto.

In the matter of minimum qualifications and other requirements for a particular post the appointed candidate as well as the authorities who initiated and concluded the process of selection must sink or sail with the advertisement. If the Master's degree in industrial chemistry is as good as Master's degree in Chemistry for the post in question, then the same should have been indicated in the advertisement or in any case corrigendum should have been issued, which was not done. Even if it is assumed that a candidate holding Master's degree in Industrial chemistry is as good as a person holding Master's degree in Chemistry to teach the subject of chemistry to the students of Diploma Engineering, appointment of a candidate holding Master's degree in Industrial Chemistry can not be justified unless in the advertisement Master's degree in Industrial Chemistry is also included equivalentas essential qualification.

Learned counsel for the University has supplied us the "Guide to Admissions"for the Academic year 2006-2007 of the University. Guidance in respect of Faculty of Sciences is provided at pages 60 to 64. Graduate Course in B.Sc. (Hons.) with Chemistry Main is provided under serial no. ii and B.Sc. (Hons.) Industrial Chemistry is at serial no. vii,( Column no. 2 page 61) Under the heading of Post Graduate Course at page 62 to 64, M.Sc. Chemistry is provided at page 63, serial no. 1 , column 1 and M.Sc. (Industrial Chemistry) at serial no. 8 at page 64 column 1.

Learned counsel for the University has also supplied courses structure of Graduates and Postgraduates classes in Chemistry and Industrial Chemistry. The courses of the two groups are quite different. The main courses of M.Sc. Chemistry are Analytical Chemistry, Inorganic Chemistry, Organic Chemistry and Physical Chemistry while main courses of M.Sc. Industrial Chemistry are Transfer Process and Unit Operations, Statistical Methods of Data Analysis and Advanced Analytical Techniques. No course  is common to both the subjects.

In view of the above, we hold that Degree of M.Sc. In Industrial  Chemistry can not be equated with the Degree of M.Sc. In Chemistry.

Similar view has been taken in a recent case (Writ Petition No. 20099 of 2003 Shahzad Shamim vs. The Chancellor, decided on 08.050.2006) by a Division Bench of this Court consisting of one of us i.e. Hon'ble V.M.Sahai, J. In the said judgement it has been held that M.Sc. Computer Science is not equivalent to M.C.A. (Master of Computation Application) and if the minimum qualification for a particular post is M. C.A., then person having the qualification of M.Sc. in  Computer Science can not be appointed.

The Supreme Court in Dr. Bhanu Prasad Panda vs. The Chancellor, Sambhalpur University and others (2001) 8 S.C.C. 532) has held that  eligibility qualifications cannot be ignored.  In the case before the Supreme Court against the advertisement for the post of Lecturer in Political Science, a person having degree in Public Administration was appointed. The argument that post related to Department of Public Administration and Political Science hence appointment was valid was rejected in the said case.

A Division Bench of this Court in Dr. M. Ismail Faruqi vs. State of U.P. and others (1994) 1 UPLBEC 312) has held that for the post of Lecturer of Arab Culture and Civilization a person having M.A. Ph.D. In Arabic can not be appointed. Another Division Bench of this Court in Civil Misc. Writ No. 43423 of 2003 Dr. M.Y.Hussain vs. Aligarh Muslim University and another decided on 14.1.2004 has held that

"It appears that there is a difference between Lecturer in Chemistry and Lecturer in Industrial Chemistry". The said case was from this very University which is respondent in this writ petition.

In view of the above, we are of the opinion that appointment of the respondent no. 3 is not legal as he did not possess the minimum qualification.

Accordingly writ petition is allowed. Office Memo dated 20.05.2004 issued by the University appointing the respondent no. 3 on the post of Lecturer in Chemistry in the University Polytechnic, Aligarh Muslim University, Aligarh is set aside. The respondent- University is directed to initiate fresh process of selection for the aforesaid post. The University is at liberty to reconsider the essential qualification for the post in question.

The prayer of the petitioner that he should be appointed on the said post as he was placed in the waiting list by the Selection Committee can not be accepted for the reason that we are permitting the University to reconsider  the minimum qualification for the post in question.

Dated:3.7.2006

L.Misra.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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