Dr.Shobha Rani v. Rajendra Agricultural Universi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12177 of 2010 ====================================================== Dr.Shobha Rani W/O Er. Devendra Kumar R/O Flat No.-201, Prince Residency, Vivekanand Park, Patliputra Colony, Distt-Patna ... ... Petitioner/s

Versus

1. Rajendra Agricultural University Bihar, Pusa, Samastipur, Through Its Registrar Having Office At Pusa, Samastipur

2. Vice-Chancellor, Rajendra Agricutural University Bihar, Pusa, Samastipur

3. The Director, Administration , Rajendra Agricultural University Pusa, Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the BAU :

Mr. Shailendra Kumar Singh, Advocate For Dr. RPCA Univ.

:

Mr. Arvind Ujjawal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 03-07-2018 Heard learned counsel for the parties.

2. The grievance of the petitioner in the present writ petition is against different yardstick adopted by the University in the matter of assessment of merit of the petitioner.

3. Learned counsel for the petitioner submits that in the matter of grant of promotion under career advancement scheme, the respondents have fixed 20 marks for interview in other subjects but in the case of Home Science they have prescribed 40 marks for interview which, according to the petitioner, is arbitrary.

4. The promotion under the career advancement scheme is to be considered in terms of the statutory scheme and the University cannot adopt pick and choose and adopt different yardstick. If the University has adopted yardstick of 20 marks in other subjects under the career advancement scheme, the University is expected to follow the same yardstick in the subject of Home Science as well.

Patna High Court CWJC No.12177 of 2010 dt.03-07-2018 2/2

5. Learned counsel for the University submits that for different category of posts viz. Lecturer, Reader and Professor there are different yardstick.

4. In view of the above, the writ petition is disposed of with a direction to the University to consider the case of the petitioner for promotion also under the career advancement scheme. If the University has adopted 20 marks as Yardstick for interview in other subjects then the University cannot adopt different yardstick for the subject of Home Science fixing 40 marks for interview.

5. In case the University has uniformly adopted 40 marks for interview then the University may reject the claim of the petitioner referring the same yardstick which the University has followed in the case of the faculty other than Home Science. Necessary decision in this regard must be taken by the respondent-University within a maximum period of two months from the date of receipt/production of a copy of this order.

6. With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.07.2018 Transmission Date