Court No. - 37
Case :- WRIT - A No. - 15339 of 2019 Petitioner :- Dinesh Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Daya Shankar Singh,Sri Shailendra (Sr. Advocate) Counsel for Respondent :- C.S.C.,Shashi Prakash Rai
Hon'ble Abhinava Upadhya,J.
Pursuant to an advertisement dated 6.9.2019 the petitioner no. 1 had applied for selection of Assistant Professor (Commerce) and petitioner no. 2 had applied for Assistant Professor (Sociology).
By means of this writ petition the petitioners have come to this Court raising an apprehension that since in graduation petitioner no. 1 has obtained 45.69% marks and petitioner no. 2 has obtained 46.02% marks from Banaras Hindu University and one of the criteria of the advertisement prescribes for minimum requirement of good academic record of second division at graduate level and 55% marks at master's degree level, they would not be considered for selection.
Learned counsel for the petitioners submits that in various Universities 48% is the second division and in some Universities 45% is the second division. As such, this distinction should be taken note of, but the same has not to be done. Learned counsel for the petitioners has relied upon a decision in the case of Anil Kumar Rai Vs. University of Gorakhpur, reported in 1993 (2) UPLBEC 1369 wherein it has been held that such distinction cannot be drawn. Learned counsel for the petitioner further submits that being scheduled caste candidates the petitioners are entitled to relaxation of 5% under the regulations framed by the University Grant Commission in 2010 and in case the petitioners are given relaxation of 5%, they would be entitled to be considered which they apprehends that having 46% marks they would not be considered.
Shri Ajit Kumar Singh, learned counsel appearing for the Banaras Hindu University has relied upon a decision of this Court in the case of Shailendra Kumar Bharati Vs. State of U.P. and others passed in Writ Petition No. 97 of 2015 by judgment and order dated 12.1.2015 The writ petition is disposed of with the observation that the candidature of the petitioners will be considered in the light of the observation made in this writ petition as well as in the light of regulations framed by the University Grant Commission and the decision in the case of Anil Kumar Rai (supra). The Vice Chancellor-respondent no. 3 while considering the claim of the petitioners will look into the decision in the case of Shailendra Kumar Bharati (supra) also. However, the petitioners will be allowed to participate in the selection provisionally and the said selection, if at all, will be subject to final decision of the Vice Chancellor.
Order Date :- 26.9.2019 Sunil Kr. Gupta