Dr. M.N. Rajesh vs Jawaharlal Nehru University & Anr
2017 Latest Caselaw 4180 Del

              IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Judgment reserved on: August 03, 2017
                                         Judgment delivered on: August 17, 2017

+      W.P.(C) 2571/2016

       DR. M.N. RAJESH                                                ..... Petitioner
                                   Through:   Mr. S.S. Ray, Adv. with Mrs. Rakhi Ray &
                                              Mr. Vaibhav Gulia, Advs.

                          versus

       JAWAHARLAL NEHRU UNIVERSITY & ANR                ..... Respondents
                       Through: Ms.Ginny J. Routray, Adv. with Ms.
                                Bhawna Pal. Adv. for R-1
                                Mr. Rajeev Singh, Adv. for R-2


CORAM:
HON'BLE MR JUSTICE V. KAMESWAR RAO
                                     JUDGMENT

V. KAMESWAR RAO, J

1. The present petition has been filed by the petitioner with the following prayers:

"In the aforesaid facts and circumstances, the Petitioner most humbly prays that this Hon'ble Court be pleased to:

a. Issue a writ and / or direction directing the Respondent No.1 to produce the documents pertaining to the eligibility and appointment of Respondent No.2 to the post of Associate Professor in Russian and Central Asian Studies (Unreserved);

b. Issue a writ in the nature of Mandamus quashing the appointment of Respondent No.2 to the post of Associate Professor in Russian and Central Asian Studies (Unreserved) with Respondent No.1;

c. Issue a writ in the nature of Mandamus directing the Respondent No.1 to consider appointment of the petitioner to the Post of Associate Professor in Russian and Central Asian Studies (unreserved);

d. Alternately issue a writ in the nature of Mandamus directing the Respondent no.1 to appoint the petitioner to the post of Associate Professor in Russian and Central Asian Studies (unreserved);

e. Any other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. "

2. Some of the facts are, the respondent no.1 had issued an advertisement on 17 th

November, 2012 for certain positions including the position of Associate Professor in

Russian and Central Asian studies. The petitioner and the respondent no.2 had applied

for the same. The petitioner was called for the interview on 23 rd May, 2013. It is

contended by Mr. S.S. Ray, learned counsel appearing for the petitioner that the

application of the respondent no.2 was initially rejected. But on reconsideration, he was

called for the interview and pursuant to the recommendation made by the Committee,

respondent no.2 was appointed. Mr. Ray would challenge the appointment of the

respondent no.2 primarily on the grounds that (i) respondent no.2 did not achieve the

API Score of 300 (ii) the respondent did not have the eligibility of 8 years for being

considered for appointment as Associate Professor (iii) he does not have the relevant

qualification for the post in question inasmuch as the petitioner has done his Ph.D in

International Studies whereas the requirement was in Russian / CAS Studies. In so far

as his submission at serial no. (i) above, that respondent no.2 does not have the API

Score of 300 is concerned, he states that in the paper published in Category 'A' Journal,

India Quarterly 'Towards a World Free of Nuclear Weapons' reporting an International

Conference, respondent no.2 awarded himself 35 marks in place of 21 marks. In other

words, he has been given the benefit of 14 marks. That apart, the 20 marks given for

Research Project, which was not undertaken by the respondent No.2 need to have been

deducted from the total marks of 332.5. It is his submission that respondent no.2 has

not submitted any proof in support of his presenting papers at National / International

Conference for which 82.5 marks have been allotted. Mr. Ray, would state if

14/20/82.5 marks are subtracted from the total marks of 332.5, his API Score would be

less than 300 and would not have qualified for being appointed as Associate Professor.

In so far as the submission at serial no. (ii) above is concerned, Mr. Ray would draw

my attention to page 97 of the paper book, which is part of the application submitted by

respondent no.2 wherein he has shown his experience as under: -

Sl.    Name of Employer      /      Post held/        Period of         Basic Salary last   Nature       of
No.    Status of Institute   /     Designation       Employment         drawn, pay scale    duties
       University  (Govt.    /                                          and Grade Pay
       Quasi      Govt.      /
       Autonomous etc. )
                                                 From         To

 1.       MITHILA UNIV.          LECTURER        Nov, 96 - Sept, 01     8,000 - 13,500       Teaching
                                                                                             Grade
 2.       MAGADH UNIV.           LECTURER        Sept, 01 - Sept, 02    8,000 - 13,500       -Do-

 3.        JNU (RCAS/SIS)        RES.            Sept, 02 - Sept., 05   (On lien)            Fined
                                 ASSOCIATE                              10,700
 4.       ZAKIR HUSSAIN          LECTURER        Jan, 06 - April, 06    15,600 - 37,000      Teaching
            COLLEGE                                                                          Grade
 5.         DYAL SINGH           ASST. PROF.     Aug, 06 to Conti.      15,600 - 37,000      Teaching
             COLLEGE                                                                         and
                                                                                             Research
                                                                                             Guidance.

He states between 1992 - 1999, the respondent no.2 was pursuing his Ph.D. That

part of his experience needs to be ignored from the total years of service put in by him

as Lecturer in Mithila University. Similarly, he states his tenure as Research Associate

in JNU between the years September, 2002 - September, 2005 could not have been

considered for the purpose of eligibility. That apart, a break in service between two

spells of appointment as ad-hoc Assistant Professor between, 2006 to 2009 would mean

entire period need to be ignored for the purpose of eligibility. In so far as his submission

that the petitioner did not have the qualification of Ph.D. in Russian / CAS Studies, he

states the petitioner's qualification are in International Studies which is surely different

from Russian / CAS Studies.

3. On the other hand, Ms. Ginny J. Routray, learned counsel appearing for the

respondent no. 1 / University would counter the submissions of Mr. Ray by drawing my

attention to Page 140 of the paper book to contend that University had considered the

issue whether the respondent no.2 had the API Score of 300 or not and on a

consideration, it is clear that he did achieve the API Score of 300. In so far as the

papers published in Category 'A' Journal, India Quarterly is concerned, she would draw

my attention to Page 33 (running Page 194) of the petition to contend that if there are

multiple co-authors then the first and corresponding author will get full marks for the

publication and others would get 50% marks. As the respondent no.2 had published two

papers, he was provided 70 marks. She has also drawn my attention to papers presented

by respondent no.2 at the National Level and International Level by drawing my

attention to Page 141 of the paper book for which the respondent no.2 had produced

proof to the satisfaction of the University. She has also stated, respondent No.2 has

undertaken the project by drawing my attention to page 214.

4. The learned counsel for the respondent No.2 has also countered the submissions

made by Mr. Ray by contending that the respondent No.2 was eligible for the post in

question. According to him, the respondent No.2 has more than nine years of

uninterrupted service from November 1996 to December 2005 and the period from

September 2002 to September 2005 was on lien from Magadh University service, hence

need to be treated as a continuous service. Besides that, he was serving from January

2006 to April 2006 as ad-hoc Lecturer in Zakir Hussain College and from August 2006

to July 14, 2009 as ad-hoc Lecturer at Dayal Singh College and in permanent capacity

in Dayal Singh College from July 15, 2009 till the last date of filing application on

September 14, 2012 and even after that till he joined the post in JNU on April 20, 2015.

He also counters the other submissions of Mr. Ray by stating that his API score is above

300 and the University has considered all the aspects of the respondent No.2 meeting

the eligibility for the post in question. He seeks the dismissal of the writ petition.

5. Having heard the learned counsel for the parties, as Mr. Ray has made limited

submissions, I intend to consider the same and give finding as under.

6. Insofar as the submission of Mr. Ray that the respondent No.2 did not achieve the

API score is concerned, assuming that the respondent No.2 is not entitled to the benefit

of 14 marks, even the same are subtracted, still the respondent No.2 has the API score

of more than 300.

7. Insofar as his plea that the respondent No.2 could not have been given 20 marks

for research project is concerned, the same has been appropriately answered by Ms.

Routray by drawing my attention to page 214, which is a statement of accounts

furnished to ICSSR, the Funding Authority, which was signed by the respondent No.2

as a Supervisor and it clearly demonstrates that the respondent No.2 was associated with

the project awarded by ICSSR.

8. Insofar as his submission that the respondent No.2 has not submitted any proof in

support of presenting papers at National/International Conference for which 82.5 marks

have been allotted is concerned, on consideration of page 141 of the paper book, as

relied upon by Ms. Routray, it is clear that enough evidence has been submitted by the

respondent No.2 of his having presented papers at National/International Conference,

which would aggregate to 82.5 marks and grant of marks is justified.

9. Insofar as the plea of Mr. Ray that the respondent No.2 did not have the eligibility

of eight years, to be considered for appointment as Associate Professor is concerned, it

is a conceded case of the petitioner in his rejoinder that the respondent No.2 has only six

years and seven months of service (from July 1999 to September 2002 and July 2009 to

December 2012). The petitioner has overlooked the period of service put in by the

respondent No.2 for four months in Zakir Hussain College between January 2006 and

April 2006 and his service from August 2006 to July 2009 as Assistant Professor at

Dayal Singh College. His plea that against each appointment, a break was given by the

College and as such period between August 2006 to June 2009 need to be excluded is

untenable. It is a settled position of law, an artificial break of one day given between

each appointment is held to be illegal and arbitrary and the appointment from day one

till the last date need to be treated as continuous service.

10. Insofar as the third submission of Mr. Ray that the respondent No.2 has done his

Ph.D in International Studies whereas the requirement was in Russian/CAS studies is

concerned, the same is also untenable, more particularly the same cannot be agitated by

the petitioner, who himself has done his Ph.D in Tibetan Studies. In any case, it is not

disputed that both the petitioner and the respondent No.2 were considered by the JNU

for appointment as Associate Professor in Russian/CAS Studies and it is not their case

that both of them did not meet the eligibility criteria.

11. In view of my above discussion, I do not see any merit in the petition. The same

is dismissed.

V. KAMESWAR RAO, J AUGUST 17, 2017 jg