This court dismissed the writ petition by holding that the issue was finally concluded by its own earlier judgment in Krishna Mohan Singh vs. State of Bihar dated 12.05.2022, thus finding no grounds to interfere with the selection process.
The writ petition is dismissed without any further order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17771 of 2021
======================================================
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Apurva Kumar, Adv. For the Respondent/s : Mr. Narendra Kumar, AC to GP 20 For the Commission : Mr. Pawan Kumar Choudhary, Adv. Mr. Manoj Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
4 08-02-2023
aspects that the issue raised by the petitioner stands finally concluded by this Court in its judgment passed in C.W.J.C.
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5424/22 (Krishna Mohan Singh Vs. The State of Bihar)
decided on 12.05.2022, wherein this Court has held as under:
“ 17 . In view of above, the
submission of learned counsel that such a teaching experience gained by the faculty members ought not be considered, cannot be accepted. If the authorities have issued experience certificate to the guest teachers, counting their teaching experience as the actual experience of teaching was fault can be attributed. The very purpose of giving two marks for each year of experience, is to obtain services of those persons, who have actual experience of teaching students. Thus, there is a nexus to the said interpretation and Clause 5.5. does not in any manner denies such experience to be counted. The only aspect is that the factum of service of such a teacher must be duly certified by the concerned University Selection Committee/ College Service Commission/College Selection
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Committee, which has been clarified by the three member Commission is that the certificate to be issued by the Principal to be counter-signed by the Registrar.
18. The contention of learned counsel is that the guest faculties experience has not been counted in relation to one candidate, who applied for appointment at the Central University namely Baba Saheb Bhim Rao Ambedkar University at Lucknow on the basis of draft regulations of University Grant Commission, 2018.
Suffice it to say that this Court would not attempt to give a seal of approval or dis-approval to such a course adopted as it is not before this Court. However, it is to be noticed that the University Grant Commission Regulation, 2018 is a Draft regulation and have not come into force as yet. On the basis of draft regulations, the petitioners can not claim that the said teaching
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experience is not required to be counted. The draft regulations are still required to be confirmed by the University Grant Commission. Such regulations would of course have to be in consonance with the interpretation laid down by the Apex Court from time to time as noticed hereinabove. They are not enforceable as of now
19 . Keeping in view the aforesaid discussion, I do not find any reasons to interfere with the method and manner of selection process being conducted by the University Commission and no interference is warranted.”
also falls, accordingly the writ petition is dismissed.
(Sanjeev Prakash Sharma, J)
Suraj/Item No. 3
U
2 issues framed by the court
Whether the present writ petition requires re-examination of the teaching experience criteria in faculty selection given the existing precedent.
Whether the petitioner is entitled to interference with the selection process conducted by the University Service Commission.
Colour shows how this judgement treated each authority
Krishna Mohan Singh Vs. The State of BiharFollowed¶23
C.W.J.C. Patna High Court CWJC No.17771 of 2021(4) dt.08-02-2023
Srikanti Kumari
Bihar State University Service Commission
The State of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
