No further Recruitment of Assistant Professor in B.H.U -SC
Supreme Court ordered Banaras Hindu University (BHU), not to recruit any assistant professor in Commerce Department and Agricultural Department, and also gave order of Status quo on confirmation of private respondent. S.C issued notice to BHU as well as selected candidates of Commerce Department (private respondent) Mr. Awadhesh Singh, Ishi Mohan, Vandana Srivastava, Meenakshi Singh and Rakhi Gupta and to Ms.Ankita Sarkar (selected in Agricultural Department). This order was passed by a bench of Justice Jasti Chelameswar & Justice Abhay Manohar Sapre on SLPs Filled by Dr.Brajesh Tiwari and Dr.Dharmendra Kumar. Dr.Brajesh Tiwari was applicant in commerce department and Dr.Dharmendra Kumar was in agricultural department.
Senior Advocate Ms.Rekha Palli argued the matter and said to bench that petitioner was first in all merit (Quality Score, Teaching Ability Score, API score & Merit Score) of 400 candidates but he has been put in wait listed candidates. BHU has selected candidates only on interview basis even UGC rule said that only 20% weightage given to interview performance. As per reply of BHU RTI no interview marks was given to any candidates. There is nothing on record to show how the selection was made by the Selection Committee. In the present case, no criteria were adopted for preparing the comparative merit, nor any record has been maintained nor has overall assessment of the performance of each candidate been done. The minutes simply record that the selection is made on the basis of performance in the interview, nor grading nor any other method or criteria has come on record to show as to how the candidates have been assessed by the Interview Committee. It would not be wrong to infer that the entire selection is a farce and has been made by adopting “Pick and Choose” Method.
Further She added before court that The screening committee has malafidely favoured Respondent No 9 i.e. Dr.Vandanana Srivastava by increasing her Quality Score Marks to a great extent that she may fall under top 40 candidates who appeared before the Selection Committee. She has admittedly also not filled in the other mandatory criteria such as her Image, nationality, address, father name, mother name, marital status, contact number, statement about work done so far and significance of professional contribution, brief statement on your philosophy about teaching and statement about proposed research/professional activity and brief outline of proposal. The Screening Committee/FAC-1 under clause iii 1.2 of ordinance 11-A : to ensure the completeness of application form. Admittedly University has rejected the incomplete form of other candidates but the incomplete form of Vandana Srivastava has been forwarded further before the FAC-2. This is also contrary to the decision of FAC-1 dated 03.01.2014.The advertisement point no. 10 also clearly says that the incomplete form will be rejected. She has not submitted any testimonial with her application and screening committee also mention it on her form “conditional no supporting documents”. Ms. Vandana Srivasta issued interview letter with any address.
Senior Advocate Ms.Rekha Palli also pointed out following facts before bench:
- BHU filled wrong affidavit in High Court Allahabad , they filed tampered/ fabricated documents that did not disclose the name of the Petitioner being put in the wait/panel list by the Selection Committee, this shows the extent of malafide on the part of the Respondent University to ensure that the Petitioner is not selected for the said post, and not given appointment letter to petitioner even post was vacant, as per rule wait list is always alive for one year and between one year one post was vacant, but BHU not given appointment letter because Petitioner was approaches High Court.
- The persons selected had been assignment merit placement (Rank wise) at serial no. 19 AVADHESH SINGH , 29 MEENAKSHI A SINGH , 32 RAKHI GUPTA , 34 VANDANA SRIVASTAVA and 39 ISHI MOHAN amongst 40 candidates call for interview of Assistant Professor under unreserved category based upon 80% marks constituting the total basis of the selection. That it is very surprising that based upon only 20% marks alone which were available to be awarded on the basis of interview by the selection committee the candidates having the lowest position in the Rank wise list candidates alone are the candidates finally selected for appointment.
- RTI reply of BHU clearly shows that Selection committee not awarded any marks in interview. UGC Regulation Point No. 6.3.7: all the selections outlined above shall be completed on the day of selection meeting. Wherein minutes are recorded along with PBAS (performance based appraisal system) scoring profarma and recommendations made on the basis of Merit.
- In this UGC Regulation, Regulation provided a table appendix-III Table-II(C) Namely Selection committee criteria/ weightages for assistant professor as A.Academic record and research performance 50% (This is Not only API Academic Performance Indicator )B.Assessment of domain knowledge and teaching skills 30% C. interview performance only 20%.
Score Table
| Name | Rank
Wise list Called for interview |
Short listing Score/
Academic Record & Research Performance (50%) |
API | Quality
Score |
Presentation Score/ Assessment of Domain Knowledge and Teaching Skills (30%) | Interview Score/ Interview Performance
(20%) |
| Dr.Brajesh Kumar Tiwari | 1 | 82.03 | 200 | 68.48 | 72.23 | Not Maintained /No marks was given by selection committee |
| Mr.Avadhesh Singh | 19 | 53.07 | 108 | 52.03 | 58.31 | “ |
| Dr.Meenakshi A Singh | 29 | 44.32 | 81 | 47.13 | 58.46 | “ |
| Dr.Rakhi Gupta | 32 | 41.98 | 53 | 53.64 | 57.71 | “ |
| Dr.Vandana Srivastava | 34 | 41.07 | 41 | 56.43 | 45.43 | “ |
| Dr.Ishi Mohan | 39 | 38.59 | 58 | 45.81 | 56.03 | “ |
MAIN PRAYER:
Therefore, in the facts and circumstances as enumerated above, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:-
a). Grant Special Leave to Appeal against the final Judgment and orderdated 12.04.2016passed by the Division Bench of the Hon’ble Allahabad High Court in Writ A No. 14235/2014;
b). Pass such other further order(s) / direction(s), as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case in the interest of justice.
PRAYER FOR INTERIM RELIEF:
Therefore, in the facts and circumstances as enumerated above, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:-
a). Grant Status quo to any selection or confirmation for appointments to the post of Assistant Professor in the Commerce Department of the Respondent University.
b). Pass such other further order(s) / direction(s), as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case in the interest of justice.
The Bench granted leave in both SLPs and passed order of Status quo to any selection or confirmation for appointments to the post of Assistant Professor in the Commerce and Agricultural Department of B.H.U.