Jainendra Kumar vs The State Of Bihar
2021 Latest Caselaw 4459 Patna

                           1


 IN THE HIGH COURT OF JUDICATURE AT PATNA
                   C.W.J.C. No. 23258 of 2019
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Jainendra Kumar, son of Ganesh pd. Yadav, r/o KaruKhirhari Nagar, Ward no. 35, Kahra, PS-Saharsa, Dist-Saharsa (Bihar) ... ... Petitioner/s Versus

1. The State of Biharthrough the Principal Secretary, Department of Higher Education, New Secretariat, Patna

2. Bihar Public Service Commission, 15 JawaharLal Nehru Marg (Bailey road), Patna-800001, through its Chairman

3. The Chairman, Bihar Public Service Commission, 15 JawaharLal Nehru Marg (Bailey road), Patna-800001

4. The Secretary, Bihar Public Service Commission, 15 JawaharLal Nehru Marg (Bailey road), Patna-800001 ........ Opposite Party/s =================================================== Appearance :

For the Petitioner/s   :        Mr. Arvind Kr. Singh,Advocate
For BPSC               :        Mr. Neeraj Kumar, Adv.
For State              :        Mr. Mrigendra Kumar (AC to GP 20)

================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH C.A.V. JUDGMENT Date : 04-09-2021

1. The present writ petition has been filed for directing the

respondent- Bihar Public Service Commission (hereinafter to be

referred to as the "B.P.S.C.") to grant 04 more marks to the

petitioner in the selection process being undertaken for making

appointment on the post of Assistant Professor, pursuant to the

Advertisement no. 50 of 2014, in view of the fact that the

petitioner possesses M. Phil degree as per the U.G.C.

Regulations, 2009 with NET.

2. The brief facts of the case are that the respondent-

B.P.S.C. published an advertisement bearing Advertisement no.

50 of 2014 for filling up vacancies on the post of Assistant

Professor in different subjects, in pursuance whereof, the

petitioner had also applied for the post of Assistant Professor in

Hindi subject. The petitioner is stated to have acquired his M.

Phil Degree from Jawahar Lal Nehru University, New Delhi in

the year 2014 in Hindi subject. The petitioner, having been

found eligible, was selected for interview and he was placed at

serial no. 962 in the list of eligible candidates, however in front

of the name of the petitioner, in the said list of eligible

candidates, it was mentioned that though the petitioner has

passed NET and obtained M. Phil degree but the M. Phil degree

is without U.G.C. Regulations, 2009. The petitioner had then

sent his documents to the B.P.S.C. by E-mail, regarding him

having obtained M. Phil Degree in Hindi as per the U.G.C.

Regulations, 2009 and had requested the B.P.S.C. to correct his

status in the list of eligible candidates by mentioning the same as

NET + M. Phil as per the U.G.C. Regulations, 2009. Thereafter,

an interview letter was issued to the petitioner and he had

appeared in the interview, however he was not selected finally,

which the petitioner came to know after the final result was

published on 12.02.2019 by the B.P.S.C.

3. The learned counsel for the petitioner has submitted that

the petitioner has obtained M. Phil degree from Jawahar Lal

Nehru University, New Delhi and it would be apparent from the

certificate dated 18.05.2018, issued by the Jawahar Lal Nehru

University, New Delhi that the petitioner fulfils the Minimum

Standard and Procedures for the completion and award of

M.Phil Degree in accordance with the then existing ordinance of

the University and the provisions of the U.G.C. Regulations,

2009. The learned counsel for the petitioner has also referred to

the certificate dated 03.03.2017, issued by the Assistant

Registrar of the Jawahar Lal Nehru University, New Delhi,

where it has been certified that the petitioner has successfully

completed M.Phil Programme in the year 2014 and the process

of admission, registration, course-work and evaluation were

followed as prescribed by the U.G.C. Regulations, 2009 with

regard to the award of degree of the said programme by the

Jawahar Lal Nehru University, New Delhi. The learned counsel

for the petitioner has further submitted that a bare perusal of the

advertisement under the heading 'Educational Qualification' at

Clause 3 would show that the candidates who have obtained

Ph.D. degree on the basis of Minimum Standard and Procedures

Regulations, 2009, framed by the University Grants

Commission for M.Phil/ Ph.D. degree, shall be exempted from

passing the NET exam. It is thus submitted that since the

petitioner has already passed the NET exam, he should have

been granted 04 more marks as per Sl. No. 3 of Schedule V to

the aforesaid Advertisement which stipulates that 04 marks

should be given to such candidates who possess M.Phil degree

as per U.G.C. Regulations, 2009 with NET. It is also submitted

that since the petitioner is possessing M.Phil degree as per

U.G.C. Regulations, 2009 and has also passed NET, he is

entitled to 04 marks and if the petitioner is granted 04 more

marks, he would definitely qualify as a successful candidate. In

any view of the matter, it is submitted that as per the terms and

conditions mentioned under the heading "Educational

Qualification", the only prescription is regarding a candidate

possessing M.Phil degree as per the U.G.C. Regulations, 2009

for being exempted from passing the NET Exam, thus since the

petitioner has already passed the NET exam, M.Phil degree with

or without complying with the U.G.C. Regulations, 2009 would

not make any difference. The learned counsel for the petitioner

has also referred to the rejoinder affidavit filed by the petitioner

in the present case to submit that the petitioner had applied for

being appointed as Guest Faculty/ part-time Teacher in

pursuance to an advertisement issued by the B.N. Mandal

University, Madhepura, Bihar in the year 2019 wherein the

petitioner's M.Phil degree was considered to have been obtained

as per the UGC Regulations, 2009, hence the B.P.S.C. should

also consider the M.Phil degree of the petitioner to be one as per

the U.G.C. Regulations, 2009.

4. The learned counsel for the respondent- B.P.S.C. Sri

Neeraj kumar, Advocate has submitted that the M.Phil degree

awarded to the petitioner by the Jawaharlal Nehru University,

New Delhi has been issued without fulfilling the prescribed

procedures under the U.G.C. (Minimum Standard and

Procedures for the completion and award of M.Phil Degree)

Regulations, 2009. In this regard, the learned counsel for the

respondent- B.P.S.C. has referred to the said Regulations, 2009

and has submitted that the M.Phil degree is required to be issued

after complying with the Minimum Standards and Procedure

stipulated in Regulations no. 5 to 20 of the said Regulations,

2009, however a bare perusal of the certificate issued by the

Jawaharlal Nehru University, New Delhi dated 18.05.2018

(Annexure 2 to the writ petition) would show that the M.Phil

degree awarded to the petitioner has been issued upon

compliance of Regulations No. 5, 8 to 10, 12 to 14, 17 and 18

only, however the rest of the Regulations have not been

complied with, thus the M.Phil degree of the petitioner has been

considered to be without compliance of Regulations, 2009,

hence the petitioner has not been awarded 04 marks and instead

has rightly been awarded only 02 more marks as per Schedule V

to the Advertisement no. 50 of 2014. It is further submitted that

the total marks obtained by the petitioner as per Schedule I to V,

set out in the Advertisement no. 50 of 2014, is 69.45, which also

includes 9 marks awarded to him in the interview and the same

is less than the cut-off marks of 70.80 of his reservation category

i.e. B.C. category, as such the petitioner has not been declared to

be a successful candidate in his category.

It is also submitted that the interview letter issued to the

petitioner clearly stipulates that the candidature of a candidate

called for interview, is wholly provisional and appearance in the

interview does not confirm the candidature of the candidate,

inasmuch as the Commission reserves its right to take the

necessary decision after ascertaining the certificates and

obtaining legal status of the applicant finally.

5. I have heard the learned counsel for the parties and gone

through the materials on record. This Court finds that the

dispute/ issue in the present case lies in a narrow encompass,

inasmuch as it is the contention of the petitioner that he has been

awarded M.Phil degree as per the U.G.C. Regulations, 2009,

hence he should be awarded 04 marks whereas on the contrary,

the respondent-B.P.S.C. is of the view that the petitioner has

been awarded M. Phil degree without complying with the

Regulations, 2009, hence as per Schedule-V, he is entitled to

only 02 marks, since Sl. No. 4 of Schedule V to the

Advertisement no. of 50 of 2014, stipulates that in case a

candidate possesses M. Phil Degree, not as per U.G.C.

Regulations, 2009, but has qualified NET, only 02 marks would

be awarded. This Court finds that as per the U.G.C. Regulations,

2009, M. Phil degree is required to be awarded in consonance

and in compliance of Regulations 5 to 20 of the U.G.C.

Regulations, 2009, whereas admittedly, the certificate issued to

the petitioner dated 18.05.2018, by the Jawahar Lal Nehru

University, New Delhi, does not show that Regulations No. 6, 7,

9 (IV), 15 and 19 have been followed while awarding M. Phil

degree to the petitioner, hence the respondent-B.P.S.C. has

rightly granted 02 marks instead of 04 marks to the petitioner, in

consonance with the stipulation set out at Sl. No. 4 to Schedule-

V of the Advertisement no. 50 of 2014, which clearly provides

that only if a candidate possesses M. Phil Degree as per U.G.C.

Regulations, 2009 + NET, 04 marks would be awarded, however

in case a candidate possesses M. Phil degree not as per U.G.C.

Regulations, 2009 but has qualified NET, then such a candidate

will be awarded only 02 marks. Therefore, this Court finds that

the petitioner is not entitled for award of 04 marks and the

respondent- B.P.S.C. has rightly awarded him 02 marks.

6. Having regard to the facts and circumstances of the case

and for the reasons mentioned hereinabove, I do not find any

merit in the present petition, hence the same stands dismissed.

(Mohit Kumar Shah, J)

rinkee/-

AFR/NAFR            AFR
CAV Date            27.08.2021
Uploading date      06.09.2021
Transmission date   NA