NAUSHAD ANWAR & ORS. versus STATE OF BIHAR & ORS.

Citation: [2014] 5 S.C.R. 27 · Decided: 01-04-2014 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2014] 5 S.C.R. 27 
NAUSHAD ANWAR & ORS. 
v. 
STATE OF BIHAR & ORS. 
(Civil Appeal No. 4270 of 2014) 
APRIL 1, 2014 
[T.S. THAKUR AND VIKRAMAJIT SEN, JJ.] 
Service Law - Appointment - Against the post of school 
librarian - Writ petitions filed by appellants for consideration 
A 
B 
of their cases for appointment on basis of degree qualification C 
obtained by them from Algappa University by Distance 
Education mode - Dismissed by High Court on the ground 
that Algappa University did not have requisite recognition 
from the Distance Education Council of Indira Gandhi 
National Open University "at the time of examination" and D 
post facto recognition belatedly granted did not entitle the 
appellants to the consideration or appointments prayed for -
Held: The relevant Rules did not stipulate whether a degree 
in library science obtained by Distance Education mode 
constituted a recognised qualification - It was only when 
E 
candidates who had secured degrees in Library Science by 
Distance Education mode applied for appointment that the 
Government issued a clarification that such degrees will be 
recognised provided the University awarding the same has 
been recognised by the Distance Education Council - Such 
F 
being the case, the normal rule that candidates must satisfy 
the conditions of eligibility on the date of the applications will 
have to be applied liberally - Moreso, when selection process 
was not completed before the Distance Education Council 
recognised Algappa University - Since the candidates were G 
in the meantime allowed to participate in the selection process 
under orders of the Court and their result kept in a sealed 
cover, relaxed standard for determination of the conditions of 
eligibility should be made applicable especially when 
27 
H 
28 
SUPREME COURT REPOR~S 
[2014] 5 S.C.R. 
A 
consideration of such candidates will in no way prejudice any 
other candidate already appointed or selected for appointment 
- In the circumstances, and since validity of post facto 
recogndion granted by the Distance Education Council to 
Algappa University was not assailed before the Court, 
B appellants should be allowed the benefit of such recognition 
- They should be treated as eligible for consideration and 
appointment against the available vacancies - Bihar 
Municipality Secondary and Higher Secondary Teachers 
(Appointment and Service Condition) Rules, 2006 as 
c amended in 2008 - r.4(vii)(a) & (b). 
Service Law - Selection - Selection process dragging on 
for years - Held: Such inordinate delay and indolence is totally 
undesirable not only because it violates the fundamental 
rights of candidates who have qualified for appointment during 
D 
the intervening period but also because it depicts a complete 
failure on the part of all concerned in regulating the selection 
and appointment process with a view to ensuring that the same 
is fair, objective and transparent. 
E 
Dispute arose as to whether the appellants were 
eligible for appointment as librarians in the schools run 
by the local bodies in the State of Bihar. 
The appellants filed writ petitions praying for a 
direction against the respondents for consideration of 
F their cases for appointment against the post of Librarian 
on the basis of the degree qualification obtained by tr2m 
from Algappa University, Karaikuddi, Tamil Nadu by 
Distance Education mode. The case of the appellants was 
that the Indira Gandhi National Open University had in the 
G year 2009 granted ex post facto recognition to the 
programme offered by distance education mode by the 
Algappa University with effect from 1995 which implied 
that the degrees awarded to the appellants were 
recognised qualifications making them eligible for 
H 
NAUSHAD ANWAR & ORS. v. STATE OF BIHAR & 
29 
ORS. 
appointment as Librarians. 
A 
The High Court however dismissed the writ petitions 
on the ground that Algappa University did not have the 
requisite recognition from the .Distance Education 
Council of Indira Gandhi National Open University "at the 8 
time of examination" and that post facto recognition 
belatedly granted in 2009 did not entitle the appellants to 
the consideration or appointments prayed for. The High 
Court took the view that recognition by the Distance 
Education Council of Indira Gandhi National Open C 
University was granted belatedly inasmuch as such 
recognition had come after conclusion of the entire 
selection process and hence was of no avail to the 
appe

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