Pramod Kumar Singh S/o Late Rajeshwari Prasad Singh, Joint Secretary, v. K. S. University teachers Association VS Veer Kunwar Singh University, Ara Through Its Registrar
2009-02-09
MRIDULA MISHRA
body2009
DigiLaw.ai
JUDGEMENT 1. Heard the petitioner and the State- respondents. Petitioner, Dr. Pramod Kumar Singh has appeared in person and argued the case. He is a university teacher and Joint Secretary of Veer Kunwar Singh University Teachers Association, Ara. His grievance is against the reservation on the single cadre post of Principal made through Advertisement No. 01/08 dated 14.9.2008 (Annexure-1) published by Veer Kunwar Singh University, Ara. 2. It has been submitted by the petitioner that the posts of principal is different colleges cannot be grouped together for the purposes of reservation as each post of Principal is an isolated post. Reservation of an isolated post would amount to 100% reservation. 3. Facts as revealed from the statement made in the writ application are that Veer Kunwar Singh University has 17 consituent colleges out of which 13 posts of Principals are vacant. Every college is an independent unit with only one post of Principal. Advertisement No. 01/08 dated 14.9.2008 was published inviting applications from eligible candidates (Indian National) for appointment on different posts. 13 posts of Principal of constituent colleges were also advertised. The advertisement specified that out of 13 vacancies to the post of Principal, 7 posts will be for general, two posts for Most Backward category, 2 posts for other backward classes and two posts for Scheduled Caste candidates. The details regarding eligibility and other requirement were not mentioned in the advertisement and as per direction it was to be seen on the Website of Veer Kunwar Singh University. First grievance of the petitioner is that by the impugned advertisement, 13 posts of Principal of different colleges stated to be vacant have been advertised but it has not been specified as to post of Principal of which college is vacant. Reservation out of 13 posts has been mentioned. Without considering that every college is an independent unit with only one post of Principal and reservation on such post will amount to 100 per cent reservation which is bad in law. The University Statute bearing No. BSU-40/81-723/ GS(1), dated 27.3.1982 which prescribes reservation for officers and non-teaching staffs clearly provides that each college shall be a separate unit for reservation as each constituent college, unlike post graduate departments, is an independent unit and has its own control of examination, Proctorial Board and only one post of Principal.
The University Statute bearing No. BSU-40/81-723/ GS(1), dated 27.3.1982 which prescribes reservation for officers and non-teaching staffs clearly provides that each college shall be a separate unit for reservation as each constituent college, unlike post graduate departments, is an independent unit and has its own control of examination, Proctorial Board and only one post of Principal. Each college is registered with U.G.C. independently u/s 12(f) of the U.G.C. Act and get development grants directly. The university has got only statutory control and supervision for it. Since it is a well settled law that single cadre post cannot be reserved either directly or indirectly. The impugned advertisement clubbing the posts of Principal of different isolated posts by creating a cadre is illegal and must be quashed. 4. Counter affidavit has been filed on behalf of the university as well as Vice Chancellor of the Veer Kunwar Singh University. It has been stated that each consituent college is managed and maintained by the university and its teaching is centrally controlled by the Vice-Chancellor of the University. The assertion of the petitioner that each college is a separate unit is not correct. Further it is stated that a revised statute prescribing qualification and procedure for selection of teachers and officers for the Universities of Bihar have been approved by the Chancellor in exercise of power vested in him u/s 36(7) of the Bihar State Universities Act, 1976. Under the amended statute, selections/appointments are to be made in conformity with the reservation roaster prepared by the university in accordance with law relating to reservation in the appointment in force in the State. 5. On perusal of the unamended Section 57(2)(B) and the amended provision approved by the Chancellor, I find that provisions are same. Earlier the power was vested in the commission now it is Selection Committee which is authorized to recommend names to the university. Earlier also it was required that appointments should be made in conformity with the reservation roaster in accordance with law relating to reservation in appointment in force in the State. Under the amended provisions also it is the same. The relevant question which is to be decided whether each constituent college is an independent unit.
Earlier also it was required that appointments should be made in conformity with the reservation roaster in accordance with law relating to reservation in appointment in force in the State. Under the amended provisions also it is the same. The relevant question which is to be decided whether each constituent college is an independent unit. If it is an independent unit in that case whether vacancy to the posts of Principal in different colleges can be clubbed for the purposes of reservation as posts of Principal in each unit in each college is a single post against which as per the settled law there can be no resen/ation. This issue has already been settled by this court in Dr. Mrs. Annapurna Devi V/s. State of Bihar, 1997(1) PLJR 965 . Similar controversy was raised as to whether the post of Principal should be considered to be an isolated post and reservation is permissible, where there is an isolated post. 6. The petitioner has assailed the impugned advertisement on another ground that Principal of a College is also a teacher and his appointment as Principal of a particular college is necessarily co-related to his educational qualifications and teaching experience in the concerned subject. For being appointed as Principal of College, a person must possess the requisite qualifications and the necessary experience as a teacher in one of the subjects assigned to the faculty to which the college belongs or in other words the subject being taught in the college.. The advertisement is completely silent that vacancies to the post of Principal have been advertised for which college. If appointment is going to be made for a college where science subject is taught, in that case, the Principal must possess experience as a teacher in science subject for being appointed as Principal of that College. The posts of Principal in different colleges having different faculties are dissimilar and separate. In this situation, if the posts are reserved for ahy reserved category, the result will be that the general category candidate for that faculty would be completely ousted. This will also amount to 100% reservation which is not permissible. The questions which have been raised by the petitioners have completely been answered in the reported decision Dr. Annapurna Devi V/s. The State of Bihar, 1997(1) PLJR 965 .
This will also amount to 100% reservation which is not permissible. The questions which have been raised by the petitioners have completely been answered in the reported decision Dr. Annapurna Devi V/s. The State of Bihar, 1997(1) PLJR 965 . In paragraph 5, it has been held:- "The legal position that emerges, thus, is that for being appointed as the Principal of a College, a person must possess the requisite qualification and the necessary experience as a teacher in one of the subjects assigned to the faculty to which the college belongs or in other words in one of the subjects being taught in the college. For example, a persons must possess the requisite qualification and the necessary experience as a teacher in a science subject for being appointed as Principal of the Patna Science College and in law for being appointed as Principal of the Patna Law College. Similarly, in paragraph 13 of this judgment, it is held "once it is held that the Principal of a College is also a teacher, it follows there from that he must be a teacher having the requisite qualification and experience to teach the subject taught in the college of which he is appointed as a Principal." 7. Counsel for the petitioner has also emphasized that it is not permissible to provide for reservation where there is an isolated post. The posts of Principal of different colleges cannot be grouped together for the purposes of reservation. 8. I find that no doubt the definition of teacher includes principal, university professor, college professor, reader, lecturer, administrator and other persons imparting instructions in any department, college or institute maintained by the university". The word "principal" as defined under Section 2(m) of the Bihar State Universities Act "principal means head of the college". The principal has two fold relationship with the faculty in his capacity as teacher and also as administrative head of the college. There may be many teachers in a college, but, so far the post of principal is concerned, it is an isolated post. In Dr. Annapurna Devis case, relying on several decisions of the Supreme Court, it has been held that there can be no reservation for an isolated post as it will amount hundred per cent of reservation. 9. Such being the position, it would not be permissible to create a cadre of isolated posts.
In Dr. Annapurna Devis case, relying on several decisions of the Supreme Court, it has been held that there can be no reservation for an isolated post as it will amount hundred per cent of reservation. 9. Such being the position, it would not be permissible to create a cadre of isolated posts. It is well settled that what cannot be done directly cannot be done indirectly. The law decided by this court in Dr. Mrs. Annapurna Devi V/s. State of Bihar, 1997(1) PLJR 965 which is still a good law. The impugned advertisement No. 01 of 2008 dated 14.9.2008 is quashed. The respondents are directed to publish another advertisement in accordance with law. 10. This application is allowed.