Visiting Lecturers applied as Assistant Professors and claimed 10% bonus marks under the advertisement at the API shortlisting stage after being screened out. The court held the bonus applies only at written examination/interview, no examination was held, and the clause was unambiguous; the writ petition was dismissed.
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2024:UHC:6463-DB
| SL. No. |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGE’S ORDERS |
|---|---|---|---|
| WPSB No.586 of 2022 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. |
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| 1. Ms.SnigdhaTiwari and Mr. Abhishek Rana, learned counsel for petitioners. |
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| 2. Mr. S.S. Chaudhary, learned Brief Holder for State. |
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| 3. Mr. Ashish Joshi, learned counsel for respondent no.2. |
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| 4. Petitioners are serving as Visiting Lecturers in different Government Degree/ Post Graduate Colleges within State of Uttarakhand. |
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| 5. By means of this writ petition, they have sought the following reliefs:- “a. Issue a writ, order or direction in the nature of mandamus commanding the respondent Uttarakhand Public Service Commission to extend the benefit of 10% preferential weightage to the present set of petitioners at the stage of API scrutiny equivalent to examination. b. Issue writ, order or direction in the nature of Mandamus commanding Respondent No.2 to permit the present petitioners, after applying bonus in accordance to their experience as per the point**4(III)(2)(Gha)** of the said advertisement, to appear in the interview for the post of Assistant Professor in their respective subjects and be considered for the further stages of selection.” |
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| 6. Petitioners applied for regular appointment as Assistant Professor in Government Degree/ Post Graduate Colleges, pursuant to advertisement dated 04.12.2021. The advertisement provided for bonus marks to candidates serving as Visiting Lecturer. Petitioners allege that bonus marks were wrongly |
2024:UHC:6463-DB
denied to them, consequently, they were not called for interview. Petitioners are relying upon Clause 4(III) (2) (Gha) of the advertisement for claiming bonus marks to the extent of 10%. English translation of Clause 4(III) (2) (Gha) of the advertisement is extracted below:- “Candidates serving as Visiting Lecturer/ Contract Lecturer in Government Colleges of the State shall get bonus marks to the extent of 10% of the total marks obtained by them in the examination/interview, provided the candidate serving as Visiting/Contract Lecturer possess the minimum qualification prescribed by the Government for the post of Lecturer.”
2024:UHC:6463-DB
paragraph nos. 4 & 5 of the counter affidavit dated 23.02.2023, filed by Mr. Girdhari Singh Rawat, Secretary, Uttarakhand Public Service Commission and submits that during shortlisting, petitioners were given weightage for their teaching experience, and all the petitioners, except petitioner no. 6, were given 10 marks for teaching experience, while petitioner no. 6 was given 4 marks for experience. Thus, he submits that petitioners cannot be given additional bonus marks of 10% in terms of Clause 4(III) (2) (Gha) of the advertisement to make up the shortfall in their marks, during shortlisting.
2024:UHC:6463-DB
during screening/shortlisting and it would be
available to them in interview. Shortlisting, based on
API score cannot be treated as examination,
therefore, the claim for bonus marks staked by
petitioners in shortlisting, is without any substance.
1 issue framed by the court
Whether Visiting Lecturers are entitled to 10% bonus marks under Clause 4(III)(2)(Gha) of the advertisement at the API-based shortlisting stage for Assistant Professor selection.
Visiting Lecturers (petitioners)
Uttarakhand Public Service Commission
State of Uttarakhand
Manoj Kumar Tiwari
Pankaj Purohit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
