The learned Single Judge has dismissed a writ petition filed by the appellant under Article 226 of the Constitution by a judgment and order dated 2 August 2013.
2. The appellant sought to question the legality of the promotion of the fourth respondent as a Lecturer in English on the ground that he did not fulfil the minimum qualification required for that post. It was contended that the fourth respondent had obtained the Masters Degree from the Rajarshi Tandon Open University which had been established under a State Act and was not a Deemed University under Section 3 of the University Grants Commission Act, 1956 (hereinafter referred to as the 'UGC Act').
3. Regulation 1 of Chapter II of the U.P. Intermediate Education Act, 1921 provides that the minimum qualification for appointment as Head of Institution and Teachers in any recognized Institution, whether by direct recruitment or otherwise, shall be as given in Appendix A.
4. The essential qualification prescribed for the post of a Lecturer in English, as provided for in Appendix A, is as follows:
English teacher for Intermediate (Classes 11-12) Post-graduate degree in English from University established by law in Uttar Pradesh or any other recognised University. Person having L.T. Diploma from any college or degree or diploma in education from any recognised University will be given preference.
For High School (Classes 9-10) B.A. with English Literature.
5. Before the learned Single Judge emphasis was placed by the appellant on the relevant provisions of the opening paragraph of Appendix-A to Regulation 1 of Chapter II. This has been quoted in the judgment under appeal and is as follows:-
"Degree and diploma in the concerned subject of any university established or regulated by or under any Central Act, Provincial or State Act, which is considered to be a University under Section 3 of UGC Act, 1956 or of any such institution especially empowered by any Act of Parliament shall be recognized for the purpose of minimum qualifications prescribed under it."
6. It is on the basis of the aforesaid quoted provision that it was submitted before the learned Single Judge that the Post Graduate Degree should have been obtained from a University referred to in Section 3 of the UGC Act and not from a State University established under Section 2(f) of the UGC Act. In other words what was contended was that the Rajarshi Tandon Open University is a University established under Section 2(f) of the UGC Act and, therefore, the Post-Graduate Degree awarded by it will not make the fourth respondent eligible for appointment as a Lecturer.
7. Now, Section 2(f) of the UGC Act defines the expression University as follows:
"2(f). "University" means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under this Act."
8. Section 3 deals with an institution other than the University which shall be deemed to be a University for the purposes of the Act and reads thus:
"3. The Central Government may, on the advice of the Commission, declare, by notification in the Official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purposes of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of section 2."
9. Hence, under Section 2(f) of the UGC Act, 'University' means a University established or incorporated by or under the Central, Provincial or State Act, and includes one which is recognized by the Commission in accordance with the regulations made under the Act. Section 3 refers to Universities which are deemed to be such for the purposes of the Act.
10. The learned Judge repelled the contention of the appellant that the fourth respondent did not possess the minimum qualification with the following observations:-
"Rajarshi Tandon Open University is duly covered by the provision of Section 2 (f) of the 1956 Act wherein University has been defined as an University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission. These category of institutions i.e. institution of higher education, other than University on declaration being made, under Section 3 of UGC Act, 1956, are deemed to be University. The interpretation as has been suggested by petitioner, on the face value if read (sic) literally would be patently incompatible with the other provisions, as any University established or regulated by Central Act, Provincial Act or State Act, stands excluded from the purview of Section 3 of UGC Act, and Section 3 of UGC Act, brings within its fold, such other institution of higher education, to be a deemed University. There appears to be manifest contradiction, and same has to be read in a manner to carry out the obvious intention, and in the present case, accordingly, it has to be read and understood as, Degree and diploma in the concerned subject of any University established or regulated by or under any Central Act, Provincial Act or State Act or an institution which is considered to be an University under Section 3 of UGC Act, 1956, or of any such institution especially empowered by any Act of Parliament shall be recognized for purposes of minimum qualifications prescribed under it. Reading down in such a manner, would be fully compatible with the other provisions of eligibility criteria."
11. When this matter was heard by this Court, it was noticed that the text of the opening paragraph of Appendix-A to Regulation 1, as has been quoted in the judgment, is printed in text books but the corresponding version in Hindi as printed in the text books reads as follows:-
"fdlh dsUnzh; vf/kfu;e] izkUrh; vf/kfu;e ;k jkT; vf/kfu;e ds }kjk ;k v/khu LFkkfir ;k fuxZfer fdlh fo'ofo|ky; dh ;k fdlh ,sls laLFkk dh] tks fo'ofo|ky; vuqnku vk;ksx vf/kfu;e] 1956 dh /kkjk 3 ds v/khu fo'ofo|ky; le>h tkrh gks ;k laln ds fdlh vf/kfu;e }kjk fo'ks"k :i ls l'kDr fdlh ,slh laLFkk dh lEc) fo"k; esa mikf/k vkSj fMIyksek blds v/khu fofgr U;wure vgZrkvksa ds iz;kstukFkZ ekU; gksaxs"
12. The version in English seems to omit the word 'or' before the words 'which is considered to be a University under Section 3 of the UGC Act'. However, it is evident from the Hindi version that the holding of a degree or diploma from a University within the meaning of Section 3 of the UGC Act is one of the three alternatives which are specified.
13. To remove any doubt, it was considered necessary by the Court to examine the original gazette notification and what we find is that the word "or" is actually printed in the gazette notification dated 9 December 1976 that was published in the U.P. Extraordinary Gazette dated 9 December 1976. The opening paragraph of Appendix-A of Regulation 1 of Chapter II as printed in the Gazette reads as under:-
"Degrees and diplomas in the subject concerned of any University established or incorporated by or under a Central Act, a Provincial Act or a State Act or an institution deemed to be a University under section 3 of the University Grants Commission Act, 1956 or an institution especially empowered by an Act of Parliament, shall be recognised for the purposes of minimum qualifications prescribed hereunder."
14. There is, therefore, no contradiction in the English version and the Hindi version and if the correct English version had been printed in the text books, there would have been no occasion for the learned counsel for the appellant to make the submission and for the learned Judge to examine it. Even otherwise, learned counsel for the appellant is not justified in placing reliance on the opening paragraph of Appendix-A of Regulation 1. The essential qualification prescribed for the post of a Lecturer in English in Appendix-A is a Post-Graduate Degree in English from a University established by law in Uttar Pradesh or any other recognised University. Rajarshi Tandon Open University has been established under Uttar Pradesh Act No.10 of 1999. Thus, the fourth respondent had obtained a Post-Graduate Degree in English from a University established by law in Uttar Pradesh. A degree awarded by any other recognised University can, as an alternative degree, be also considered as an essential qualification and Appendix A would be relevant for this purpose. It was really not necessary to examine this aspect as the case of the fourth respondent is covered by the first part.
15. It is, therefore, not possible to accept the contention of learned counsel for the appellant that the fourth respondent did not fulfil the minimum qualification required for appointment on the post of Lecturer in English.
16. The special appeal is, accordingly, dismissed. There shall be no order as to costs.
The delay in filing the appeal is condoned in the interest of justice since sufficient cause has been shown in the affidavit filed in support of the delay condonation application.
The application stands disposed of.
There shall be no order as to costs.
Order Date :- 10.2.2014 RKK/GS (Dr. D.Y. Chandrachud, CJ) (Dilip Gupta, J.) Case :- SPECIAL APPEAL DEFECTIVE No. - 143 of 2014 Appellant :- C/M Mahatama Gandhi Inter College And Another Respondent :- State Of U.P. Thru Secy. And 3 Others Counsel for Appellant :- Anil Yadav Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice Hon'ble Dilip Gupta,J.
Dismissed.
For orders, see order of date passed on separate sheets.
Order Date :- 10.2.2014 RKK/GS (Dr. D.Y. Chandrachud, CJ) (Dilip Gupta, J.)