Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ., and Alok Kumar Verma, J., decided over a petition which was filed by the petitioner challenging the legality of the order dated 19-02-2020, whereby she was denied the chance to appear for interview for the post of Assistant Professor (Political Science). She had further prayed that the Uttarakhand Public Service Commission (“the Commission”) should be directed to consider her degree of M.A. in Public Administration as an eligible degree for being appointed on the post of Assistant Professor (Political Science).
The petitioner had done her graduation in the year 2005 with the subjects of English, Economics and Political Science. In the year 2008, she had completed her M.A. in Public Administration. She had also qualified the Uttarakhand State Eligibility Test (USET) in Political Science. Eventually, she had completed her Ph.D. in Political Science. After having completed her studies, she was appointed as a Guest Lecturer in Political Science in the Government Degree College, Jakholi, Rudraprayag. The Commission had advertised post of Assistant Professor (Political Science) in various degree colleges in the State and she had applied for the same. She had appeared in the written examination, and cleared the same however the Commission, refused the petitioner the right to appear in the interview ostensibly on the ground that her M.A. degree was in Public Administration. The petitioner had filed a representation on 11-02-2020, wherein she clearly pointed out that, according to the UGC guidelines issued on 04-07-2018, a degree in Public Administration was deemed to be equivalent to a degree in Political Science. Her representation was rejected by respondent 3. Hence, the instant writ petition was filed.
This Court had directed the Commission to consider the candidacy of the petitioner by order dated 21-10-2020, and to permit her to appear in the interview on a provisional basis. Furthermore, by order dated 08-04-2021, this Court had called for the result of the petitioner which clearly revealed that the petitioner has passed the examination.
The Court observed that undoubtedly, according to the UGC guidelines issued on 04-07-2018, a degree of M.A. in Public Administration was equivalent to a degree of M.A. in Political Science. Therefore, according the UGC, the petitioner would be deemed to be equipped with a degree of M.A. in Political Science. The Court further held that she had a right to be considered for appointment on the post of Assistant Professor (Political Science) as she had already qualified the examination. The Court directed respondent 3 to consider the petitioner’s case for the post of Assistant Professor (Political Science), if she was found to be eligible and suitable for the said post.
[Minakshi Sharma v. State of Uttarakhand, 2021 SCC OnLine Utt 460, decided on 13-05-2021]
Suchita Shukla, Editorial Assistant has put this report together
Counsel for the petitioner. : Mrs Prabha Naithani
Counsel for respondent 1 and 2. : Mr. C.S. Rawat
Counsel for respondent 3. : Mr. B.D. Kandpal
Counsel for respondent 4. : Mr. Vikas Pande
