Jharkhand High Court
Dr. Anjela Swarndipika Kujur vs The State Of Jharkhand on 23 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(S) No. 5377 of 2022
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Dr. Anjela Swarndipika Kujur, wife of Ranjeel Tigga, resident of Lohardaga
Road , Mission Chowk, Darutoli, Ward No. 11, Gumla, P.O. & P.S. Gumla,
District Gumla, Jharkhand ..... ..... Petitioner
Versus
1. The State of Jharkhand.
2. The Chief Secretary, Government of Jharkhand, office at Project Building,
P.O. & P.S. Dhurwa, District Ranchi.
3. The Principal Secretary, Higher, Technical and Skilled Development
Department, Office at Project Building, P.O. & P.S. Dhurwa, District Ranchi.
4. The Jharkhand Public Service Commission through its Secretary, office at
Circular Road, Ranchi, P.O. & P.S. Lalpur, District Ranchi.
5. The Secretary, University Grants Commission, office at Bahadur Shah
Zafar Marg, P.O. & P.S. Daryaganj, New Delhi-110002.
6. The Registrar, Ranchi University, Ranchi, office at near Shaheed Chowk,
P.O. GPO, P.S. Kotwali, District Ranchi.
7. The Registrar, Vinoba Bhave University, office at Hazaribag, P.O. & P.S.
Hazaribag, District Hazaribag.
8. The Registrar, Sido Kanhu Murmu University, office at Dumka, P.O. & P.S.
Dumka, District Dumka.
9. The Registrar, Nilamber Pitamber University, office at Medininagar, P.O. &
P.S. Medininagar, District Palamau.
10. The Registrar, Kolhan University, office at Chaibasa, P.O. & P.S. Chaibasa,
District West Singhbhum.
..... ..... Respondents
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
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For the Petitioner : Ms. Aanya, Advocate
For the Respondents: Mr. Sanjay Piprawall, Advocate
Mr. Laxman Kumar, Advocate
Ms. Madhu Priya, AC to Dr. Ashok Kr. Singh, Advocate
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05/23.02.2023: The basic issue in this writ petition is whether the subject "Political
Science" and "Public Administration" are interchangeable for the purpose of
appointment in the post of Lecturer, Reader, etc.
2. The petitioner is a graduate in "Political Science" and post
graduate in "Public Administration". She qualified NET in "Public
Administration" and has completed her PHD in "Political Science". An
advertisement was published for filling up the post of Assistant Professors for
different subjects, against which, the petitioner applied for the subject
"Political Science" but she was not considered on the ground that the
respondents have not treated the subject "Political Science" & "Public
Administration" to be interchangeable for the purpose of seeking employment
as Professor, Assistant Professor, Reader etc.
3. The learned counsel for the petitioner submits that for the
academic purpose both the subjects are treated to be interchangeable but for
seeking employment, both the universities and the State are not treating the
same to be interchangeable. When an advertisement is published for filling
up the post of Assistant Professor, Reader etc. for Political Science, the
candidates who had completed post-graduation in Public Administration are
not being considered. The petitioner further submits that the supreme body
i.e. University Grants Commission in their notification dated 04.07.2018, in a
public notice, has clearly informed that "Political Science" and "Public
Administration" can be interchangeable for the purpose of appointment of
Assistant Professor. She also relies upon the judgment of the Hon'ble
Supreme Court on the aforesaid issue.
4. Mr. Sanjay Piprawall, learned counsel appearing on behalf of the
respondent-JPSC submits that there are only a body which conducts
examination as per the requisition sent by the University, thus they are not the
competent authority to answer as to whether the subject Public Administration
and Political Science can be treated as interchangeable. He further submits
that since the requisition from the university was only to fill up the post of
Assistant Professor for Political Science, they have not considered the subject
of Public Administration to be interchangeable with Political Science. He
further argues that the requisition which was sent by the university was prior
to 04.07.2018 which is the date of notification issued by the U.G.C.
5. Learned counsel for the respondent-University filed their counter
affidavit and stated that they only need Assistant Professors, who are
postgraduate in Political Science. They further took a stand that they have no
need of any person having Masters degree in Public Administration.
6. Counsel for the respondent-State submits that it is the University
who has to take decision in this issue.
7. Thus, from the submissions of the parties, the moot question is
whether both these two subjects, "Political Science" and "Public
Administration" can be considered interchangeable for the purpose of
appointment of Assistant Professor. The issue has already been set at rest by
the Hon'ble Supreme Court in the case of "Rajbir Singh Dalal (Dr.) vs.
Chaudhari Devilal University, Sirsa & Anr." reported in (2008) 9 SCC 284.
The issue which fell for consideration before the Hon'ble Supreme Court is
whether both these two subjects i.e. Public Administration and Political
Science are interchangeable for the purpose of appointment. The Hon'ble
Supreme Court relying upon the clarification from the UGC in paragraph
No.29 has held as follows:
"29. It may be mentioned that on a clarification sought from UGC whether a
candidate who possesses a Masters degree in Public Administration is
eligible for the post of Lecturer in Political Science and vice versa, UGC wrote
a letter dated 05.03.1992 to the Registrar, M.D. University, Rahtak stating
that the subjects of Political Science and Public Administration are
interchangeable and interrelated, and a candidate who possesses Masters
degree in Public Administration is eligible as Lecturer in Political Science and
vice versa. Thus, this is the view of UGC, which is an expert in academic
matters, and the Court should not sit in appeal over this opinion and take a
contrary view."
8. The Hon'ble Supreme Court heavily relied upon the opinion of the
UGC which is an expert on academics. The UGC has clarified that a candidate
who possess a Masters degree in Public Administration is eligible for the post
of Lecturer in Political Science and vice versa.
9. Further, in paragraph No.31 of the said judgment, the Hon'ble
Supreme Court has held as follows:
"31. We agree with Mr. Patwalia, learned counsel, that it is not appropriate
for this Court to sit in appeal over the opinion of the experts who are of the
view that Political Science and Public Administration are interrelated and
interchangeable subjects, and hence a candidate who possesses Masters
degree in Public Administration is eligible for the post of Lecturer in Political
Science and vice versa. We are told that a large number of persons having
qualifications in the interchangeable/interrelated subjects have been
appointed Readers/ Professors/ Lecturers and are continuing as such in
various colleges and universities in the State."
10. The University Grants Commission has clarified the issue in their
public notice dated 04.07.2018 which is quoted hereinbelow:
" PUBLIC NOTICE
It is hereby informed that on the issue, whether subjects of Political
Science and Public Administration, can be considered inter-changeably for
the purpose of appointment of Assistant Professor, it has been decided that
both the subjects are inter-dependent yet discerningly distinct in nature and
hence, the candidates with Masters degree/ NET either in Political Science
or Public Administration may be considered for faculty position in Political
Science as well as Public Administration depending upon the requirement of
expertise in the concerned Higher Education Institute (HEI) which may be
decided by the concerned HEI."
11. Thus from the judgment of the Hon'ble Supreme Court and from
the public notice, it is clear that both the subjects are interchangeable. The
person having Masters degree in Political Science can apply against the post
advertised for Public Administration and similarly candidate having Masters
degree in Public Administration, can apply for the post of lecturer/ Assistant
Professor in Political Science. Thus, both the subjects are interchangeable.
The issue is thus answered in favour of the petitioner.
12. So far as this petitioner is concerned, the petitioner is post-
graduate in Public Administration and Doctorate in Political Science. Thus, it
cannot be said that the petitioner does have the expertise either in Political
Science or in Public Administration. It is held that the petitioner being a post-
graduate in Public Administration and qualified NET in Public Administration,
is an expert in Public Administration and being a PHD in Political Science is
also an expert in the said subject of Political Science. Thus, I hold that the
petitioner is an eligible candidate to be considered for the post of Assistant
Professor in Political Science.
13. It has been submitted by the counsel for the petitioner that the
interview is supposed to take place on 01.03.2023 to fill up the post of
Assistant Professor, Political Science. Considering the said submission and
view of what has been held above, it will not be proper for the JPSC to
continue with the selection process to fill up the post of Assistant Professor,
Political Science as there may be similarly situated candidates who will stand
deprived by this judgment and also by the judgment passed by the Hon'ble
Supreme Court in Rajbir Singh Dalal (supra). In fact, the University being
oblivious of the aforesaid judgment has sent the requisition to the JPSC. Since
the requisition was not in accordance with the judgment of the Hon'ble
Supreme Court which ignores the interchangeability, I direct the University to
send a fresh requisition to fill up the post of Assistant Professor only for the
post of Political Science.
14. Considering what has been held, the judgment passed by the
Hon'ble Supreme Court in Rajbir Singh Dalal (supra) and also the public
notice issued by the UGC, the respondents-JPSC will not proceed further for
filling up the post of Assistant Professor, Political Science. If the selection
process has been completed but the appointment has not yet been made or
recommendations has not yet been granted for the post of Assistant Professor,
Political Science, the same will be scrapped being against the judgment of the
Hon'ble Supreme Court. The respondent will initiate a fresh process. It is
clarified that this order/ direction is only in respect of the subject "Political
Science".
15. Accordingly, the instant writ petition is allowed.
(ANANDA SEN, J.)
Madhav/-
