Manipur High Court
Md.Irshad Khan vs Rashid Ali & 2 Ors on 21 August, 2024
Author: A.Guneshwar Sharma
Bench: A.Guneshwar Sharma
89-91
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC (WP(C)) No.309 of 2024 with
MC (WP(C)) No.272 of 2024 with
WP(C) No.300 of 2024
Md.Irshad Khan ... Applicant
-Versus-
Rashid Ali & 2 Ors ... Respondents
BEFORE
HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA
21.08.2024
1. Present Mr.Julius Riamei, learned counsel for the petitioner,
Mr.Sukumar, learned Government Advocate for the State and Mr.Juno
Rahman, learned counsel for respondent No.3.
2. The petitioner who is a Master in Political Science
approached this Court challenging the appointment of respondent No.3,
who is a Master in Public Administration on the ground that Master in
Public Administration is not eligible for appointment as Assistant
Professor in Political Science in terms of the State Government Policy.
3. Mr.Julius, learned counsel for the petitioner draws attention
of this Court to a Notification dated 13.7.2021 issued by the Director of
University & Hr Edn., Government of Manipur where candidature of four
candidates, appearing in Sl Nos.28, 29, 34 and 37, were rejected on the
ground that they have master's degree in Public Administration and as
such they are not eligible for appointment in Political Science. It is
also stated that the respondent No.3 is a Master in Public Administration
and he has been selected as Assistant Professor in Political Science.
4. This Court issued Notice on 3.5.2024 and passed interim
order that respondent No.3 shall not discharge function of Assistant
WPC 300 OF 2024 ORAL
Professor in Political Science. Respondent No.3 filed counter affidavit and
application, MC (WP(C)) No.309 of 2024 for vacating the interim order.
5. Mr.Juno Rahman, learned counsel for respondent No.3
draws attention of this Court to a Public Notice dated 4.7.2018 issued by
the Secretary, UGC stating that Master Degree in Political Science and
Public Administration may be considered for faculty position in Political
Science as well as Public Administration. Relevant portion is reproduced
hereunder:
"No.F.27-9 (Orissa) 2010 (L) PS 4th July, 2018
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 Master's
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 Institution (HEI) which may be decided by the
concerned HEI.
Sd/-
(Prof.Rajnish Jainn)
Secretary."
6. Mr.Juno, learned counsel for respondent No.3 refers to the
judgment and order dated 17.9.2010 passed by this Court in WP(C)
No.841 of 2017 whereas relying on the decision of the Hon'ble Supreme
Court, it was held that Political Science and Public Administration are
interchangeable. Mr.Juno, learned counsel for respondent No.3 further
submits that the petitioner who is a master in Public Administration is
eligible for appointment as Assistant Professor in Political Science in view
of the clarification given by the UGC as well as by the judicial precedent.
7. Mr.Julius Riamei, learned counsel for the petitioner submits
that by the rejection order issued by the State respondents, the applicant
WPC 300 OF 2024 ORAL
who is master degree in Public Administration cannot be considered for
appointment whereas respondent No.3 has been considered and selected
which is unfair to the other rejected/similarly situated candidates.
8. Mr.Sukumar, learned Government Advocate submits that
other rejected candidates have not approached either to this Court or to
the Administration.
9. During the course of hearing, Mr.Julius, learned counsel for
the applicant submits that there are vacancy for two posts of Assistant
Professors in the Political Science as two persons have already joined the
DM University.
10. Considering the submissions, the writ petition is disposed
of with the following directions:
1. In any vacancy for Assistant Professors in Political
Science, candidates having Master's Degree in Political
Science as well as Public Administration, are eligible in
terms of clarification given by the UGC.
2. The petitioner as well as the rejected candidates in
terms of Notification dated 13.7.20021 with Masters in
Public Administration will be eligible for consideration in
future vacancy of Assistant Professor in Political
Science.
11. Interim order dated 3.5.2024 is vacated. Since the interim
order is vacated respondent No.3 may be given notional protection of his
salary and other service benefits.
With this observation and direction, the writ petition is
disposed. Pending applications, if any, are closed.
JUDGE
Priyojit
WPC 300 OF 2024 ORAL
RAJKUMAR Digitally signed by
RAJKUMAR PRIYOJIT
PRIYOJIT SINGH
Date: 2024.08.23
SINGH 10:03:37 +05'30'
