Master's In Public Administration & Political Science Inter-Changeable: Punjab & Haryana High Court

The controversy

The facts leading to the matter were that in 2012, Kurukshetra University, through an advertisement, invited applications for different posts of teaching and non-teaching staff on regular basis, which included the post of one 'Assistant Professor in Political Science.' The Selection Committee recommended three candidates, namely Yudhvir (the appellant here), Reena (private respondent here) and Sunita Devi in order of preference, subsequent to which, Yudhvir, the appellant was issued the appointment letter.

Aggrieved by the aforesaid appointment to the post of an 'Assistant Professor, Political Science' based on the fact that the appellant did not hold a Master's Degree in Political Science, but instead held a Master's Degree in Public Administration, Reena (the respondent here) preferred a writ petition before the High Court.

Case history

The single bench of the High Court passed the impugned order in the writ petition setting aside the appointment of Yudhvir and directing the authorities to consider the names of petitioners therein (including Reena) for the post.

Being aggrieved by the decision of the single bench of the High Court, the appellant filed the present appeal under clause X of Letters Patent of this Court, arraying all the petitioners in the single bench writ decision as respondents for the purposes of the present appeal.

Contentions of the parties

The appellant submitted that the single bench of the High Court wrongly relied on the UGC communication wherein UGC had clarified that Master's Degree courses are offered separately in Political Science and Public Administration by Indian Universities, hence, candidates having Master's Degree in Political Science were advised to appear in NET in the subject of Political Science. Similarly candidates having Master's Degree in Public Administration were advised to appear in NET in Public Administration. However, communication of UGC was not relevant while determining the question of eligibility for appointment of Lecturer in Political Science, argued the appellant.

The appellant, inter alia, placed reliance on the Supreme Court decision in Rajbir Singh Dalal v. Chaudhari Devi Lal University, Sirsa and Another, (2008) 9 SCC 284, where Master's Degree in Political Science and Master's Degree in Public Administration were held to be inter-changeable.

The respondent, Reena, on the other hand, contended that the decision in Rajbir Singh Dalal was founded upon fraud which was committed by the petitioners in that case. Additionally, she argued that in the present case, the advertisement was unambiguous and the candidate having Master's Degree in Public Administration could not be treated at par with a candidate having Master's Degree in Political Science. If the intention of University was to treat them at par, there was nothing which prevented the University to clarify the same in the advertisement, it was contended.

It was also argued that rules could not be changed midway, until the selection process was complete. Reliance was placed on the decision in Ganapath Singh Gangaram Singh Rajput v. Gulbarga University, LPA-982 of 2017 (O&M), in which an appeal was dismissed where the post advertised was of Lecturer in MCA whereas appellant had a Master's Degree in Mathematics.

Counsel for the UGC, which was also impleaded as a respondent, contended that the eligibility prescribed for NET could not be considered for the appointment of a Lecturer, as was also argued by the appellant. The UGC, however, also added that it was ultimately the prerogative of a university to consider a candidate holding a Master's Degree in Public Administration for the post of Lecturer in Political Science.

Ruling of the Court

The Punjab and Haryana High Court, after perusing the various case law authorities on the matter and communications between various education departments held that a Master's Degree in Public Administration is inter-changeable with Master's Degree in Political Science.

Regarding the contention of the respondent that the rules were changed midway, the Court observed that there was no change in the rules before the completion of the selection process and that the authorities merely applied the law in the case of Rajbir Singh Dalal.

Accordingly, the Court held that although the prerogative of considering or not considering a candidate holding a Master's Degree in Public Administration for the post of a Lecturer in Political Science rested with the concerned university, however, the appointment of the appellant could not be challenged at this belated stage.

The Court, therefore, allowed the appeal.

Reliance was placed by the Court on the Supreme Court decision in Rajbir Singh Dalal and various High Court decisions in Md. Farid Khan v. the State of Manipur and Another, WP (C) No. 841 of 2017, Dr. Pratima Sarangi v. Commissioner-cum-Secretary to Govt. of Orissa, Department of Education, W.P. (C) No. 12947 of 2010 and Minakshi Sharma v. State of Uttrakhand and Others, Writ Petition (S/B) No. 67 of 2020.

Case Title: Yudhvir v. Reena and Others

Citation: LPA-982 of 2017 (O&M)

Coram: Justice G.S. Sandhawalia and Justice Jagmohan Bansal

Citation: 2022 LiveLaw (PH) 307

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