Dr. Indra Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14971 of 2021 ====================================================== Dr. Indra Bhushan Singh Son of Dinesh Prasad Singh Resident of Village Sabalpur, Police Station- Morkahi, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Chief Secretary.

2.

The Principal Secretary Education Department, Govt. of Bihar. 3.

The Chairman Universities Grant Commission, Bahadur Shah Zafar Marg, New Delhi.

4.

The Secretary Bihar State Universities Service Commission. 5.

The Director Higher Education, Education Department, Govt. of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Sinha, Adv.

For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 27-07-2022 Heard the parties.

The petitioner by way of this writ petition prays that the respondents should include the question of Doctor of Literature or Doctor of Science or Doctor of Daws (D.Lit) as criteria for assessing the academic records of candidates for the purpose of appointment on the post of Assistant Professor for the Universities of Bihar.

It is stated that advertisement had been issued wherein it is mentioned the marks would be granted for Ph.D and NET apart from the B.A., M.A. examinations and submits that the petitioner has done D.Lit (Political Science) and has

Patna High Court CWJC No.14971 of 2021(2) dt.27-07-2022 2/3 qualification should be recognized and he should be granted additional marks.

Learned counsel submits that the higher qualification acquired by the petitioner should be counted. It is submitted that the UGC has specified the degree of D.Lit in its gazette notification regarding assessing of degrees that of levels of higher education.

I have considered the submissions.

The advertisement issued for appointment on the post of Assistant Professor in terms of the UGC Regulations. It provides the minimum qualification of acquiring Ph.D. Thus, the marks have to be allotted up to the level of Ph.D for the post of Assistant Professor. At the asken of the petitioner, the qualification can not be added or deleted.

For a post the advertisement mentions the maximum qualification required relating to it. Thus, for a Class IV post the maximum qualification which may be required may be matriculation, higher secondary or graduation, as the case may be. A person can not be allowed to demand that for such a post the qualification of Ph.D should also be added for additional bonus marks.

Similarly for different post different qualifications are required as per the suitability of the post.

Patna High Court CWJC No.14971 of 2021(2) dt.27-07-2022 3/3 University Grants Commission Regulations are not under challenge.

In view thereof, merely because the petitioner has done D.Lit in Political Science, a mandamus can not be issued to direct the respondents to include D.Lit as a qualification for allotment of marks for calculating academic record. The writ petition found to only frivolous and is accordingly dismissed.

(Sanjeev Prakash Sharma, J) Shamshad/- Item No. 28 U