Niharika Shukla & others Vs. State of M.P. & others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 2722 of 2018, Judgment Date: Apr 26, 2018

Law Laid Down -

• The statutory Rule contemplates that the educational qualification for appointment as Assistant Professor is “as prescribed by the University Grants Commission”, therefore, there is no contradiction between the UGC Regulations and/or statutory Rules framed.
• There is no reason to question the wisdom of the State Government in grouping the allied subjects with the relevant subjects as none of the subject could be pointed out to be unconcerned or unrelated with the relevant subjects. Still further, the State Government as an employer is in better position to judge the suitability of a candidate for appointment. It is a decision of the employer to recruit candidates, which the employer considers appropriate.
• There is no post advertised for the allied subjects, therefore, the candidates who are qualified in the allied subjects cannot be  disqualified for appearing in the basic subject. All the candidates are required to appear in the same test in the relevant subjects. Therefore, it is level playing field for all the candidates even if the candidate has  obtained degree in the allied subject.
• Non-advertisement of any vacant post does not confer any right with any aspiring candidate to seek inclusion of such posts in the recruitment process. Relied - Supreme Court decisions in (2016) 6 SCC 532 (Kulwinder Pal Singh and another vs. State of Punjab and others) and (1985) 1 SCC 122 (Jatinder Kumar and others vs. State of Punjab and others).

Niharika Shukla & others Vs. State of M.P. & others