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17 Aug 2008 Times of India New Delhi Edition Abhinav Garg This email address is being protected from spam bots, you need Javascript enabled to view it TNN

HC removes underqualified DU lecturer ToI New Delhi: An underqualified lecturer employed with a Delhi University college since 2002 has been removed by Delhi High Court which has made it clear it it will not permit lowering of standards. ‘‘On question of balancing equities, court is of the view that in matters concerning eligibility and appointment to educational institutions, courts should refrain from permitting lowering of standards....’’ a division Bench comprising Chief Justice A P Shah and Justice S Muralidhar observed recently while quashing the appointment of one M P Singh as lecturer in Dr Bhim Rao Ambedkar College.

HC’s remarks came in the backdrop of arguments made by the lawyer for Singh that since he has been posted as lecturer since 2002 his removal so many years later would be unfair irrespective of the fact if it diluted teaching standards. The judges added that just because courts have been presented with a ‘‘fait accompli’’ it wouldn’t mean that lowering of standards will go unchallenged. ‘‘The very nature of judicial proceedings is such that with passage of time parties may have continued in the position they were when litigation commenced,’’ HC reasoned, seeing no reason why a person found ineligible should be allowed to continue in the post.

In its verdict, HC also slapped a cost of Rs 10000 each on Singh and the college which they have to pay to Kusum Nehra, the petitioner who had moved court challenging Singh’s appointment even as she was overlooked for the post depsite fulfilling all eligibility criterias.

Nehra in her petition had pointed out that Singh hadn’t qualified the National Eligibility Test (NET) and applied for the lecturer’s post after the deadline expired.

The college however defended its appointment and maintained that after a subsequent UGC notification amended the eligibility criteria Singh’s PhD awarded in March 2001 made him eligible even if he wasn’t a NET qualifier.

But HC was unequivocal that ‘‘eligibility criteria which might undergo a change after the last date of submission of applications cannot be given retrospective effect,’’ and concluded that Singh’s appointment was infact invalid. Even as it asked the college authorities to consider Nehra’s appointment if she was still interested, it refused to allow any service benefit acrued to Singh since 2002 and said even he can apply afresh for the post.

POST SCRIPT:  WHEN WILL AMU DO JUSTICE? IS  AMU  LISTENING? WHERE IS OUR EC?

Mohammad Sajjad,
Lecturer,
Centre of Advanced Study in History,
AMU, Aligarh