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2008 (8) TMI 886
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....mmittee interviewed the appellant on 18.7.2004 as per the call letter dated 8.7.2004. The appellant was selected as Reader and he joined as such on 4.4.2005. 6. Respondent No. 2 herein, Dr. Raj Kumar Siwach, who was a Lecturer in Public Administration had also applied for the post of Reader, but he was not selected and instead the appellant was selected. Hence, respondent No. 2 filed a writ petition in the Punjab & Haryana High Court being CWP No. 6642/2005 in which he alleged that the appellant herein, Dr. Rajbir Singh Dalal, did not possess the requisite qualification for the post of Reader in Public Administration. It was alleged in the writ petition that the appellant was an M.A. and Ph.D. in Political Science and not in Public Administration. Hence, it was alleged that the appellant was not eligible for being selected and appointed as Reader in Public Administration. 7. In the counter affidavit filed by respondent No. 1, the University, it was stated that Public Administration is one of the branches of Political Science, and hence the appellant herein was rightly selected by the Selection Committee consisting of eminent experts after evaluating his academic qualification....
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.... prior to the enforcement of these regulations. 1.3.2. Reader Good academic record with a doctoral degree or equivalent published work. In addition to these, candidates when join from outside the university system, shall also possess at least 55% of the marks or an equivalent grade of B in the 7 point scale with latter grades, O, A, B, C, D, E and F at the Master's degree level. Five years of experience of teaching and/or research excluding the period spent for obtaining the research degrees and has made one mark in the areas of scholarship as evidenced by quality of publications, contribution to educational innovation, design of new courses and curricula. 1.3.3. Lecturer Good academic record with at least 55% of the marks or, an equivalent grade of B in the 7 point scale with latter grades, O, A, B, D, D, E and F at the Master's degree level, in the relevant subject from an Indian University, or an equivalent degree from a foreign university. Besides fulfilling the above qualifications, candidates should have cleared the eligibility test (NET) for lecturers conducted by the UGC, CSIR, or similar test accredited by the UGC. Note:- Net shall remain the compuls....
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....re vs. Mohammad AIR 1981 SC 1744, while construing section 4(1) of the Kerala Agriculturists Debt Relief Act, 1970 the Supreme Court interpreted the words `any debt due before the commencement of this Act to any banking company' as meaning `any debt due at and before the commencement of this Act'. 16. Similarly, in Gujarat Composite Ltd. vs. Ranip Nagarpalika AIR 2000 SC 135, the Supreme Court interpreted the words `Grog Minerals' to mean `Grog & Minerals'. In Divisional Personnel Officer, Southern Railway vs. T. R. Challappan AIR 1975 SC 2216, the Supreme Court interpreted the words `any party to an arbitration agreement' occurring in section 33 of the Indian Arbitration Act, 1940 to mean `a person who is alleged to be a party to an arbitration agreement'. 17. We may also consider the matter from our traditional principles of interpretation known as the `Mimansa Rules of Interpretation'. 18. It is deeply regrettable that in our Courts of law lawyers quote Maxwell and Craies but nobody refers to the Mimansa Principles of interpretation. Most lawyers would not have even heard of their existence. Today our so-called educated people are largely ign....
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....'s Principles in this respect is shown by the fact that Maxwell does not go into further detail and does not mention the sub-categories coming under the general category of casus omissus. In the Mimansa system, on the other hand, the general category of adhyahara has under it several sub-categories, e.g., anusanga, anukarsha, vakyashesha, etc. Since in this case we are concerned with the anusanga principle, we may explain it in some detail. 22. The anusanga principle (or elliptical extension) states that an expression occurring in one clause is often meant also for a neighbouring clause, and it is only for economy that it is only mentioned in the former (see Jaimini 2, 2, 16). The anusanga principle has a further sub- categorization. If a clause which occurs in a subsequent sentence is to be read into a previous sentence it is a case of Tadapakarsha, but when it is vice-versa it is a case of Tadutkarsha. 23. The Anusanga principle of Mimansa was used by Jimutvahana in the Dayabhaga. Jimutvahana found that there is a text of Manu which states: "Of a woman married according to the Brahma, Daiva, Arsha, Gandharva and Prajapartya form, the property shall go to her husband ....
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.... versa. 29. In Tariq Islam vs. Aligarh Muslim University & Ors. (2001) 8 SCC 546, following its earlier decision in the Constitution Bench of this Court in University of Mysore vs. C.D. Govinda Rao, AIR 1965 SC 491 this Court observed that "normally it is wise and safe for the Courts to leave the decision of academic matters to experts who are more familiar with the problems they face than the courts generally are". 30. A similar view has been expressed in several decisions of this Court e.g. Dr. Uma Kant vs. Dr. Bhika Lal Jain JT 1991 (4) SC 75 (para 9), Bhushan Uttam Khare vs. The Dean, B. J. Medical College& Ors. JT 1992(1) SC 583 (para 8), Rajender Prasad Mathur vs. Karnataka University & Anr. AIR 1986 SC 1448 (para 7) = 1986 Supp. SCC 740 (para 7), P.M. Bhargava & Ors. vs. U. G. C. & Anr. 2004 (6) SCC 661 (Para 13), Chairman, J&K State Board of Education vs. Feyaz Ahmed Malik & Ors (2000) 3 SCC 59, Varanaseya Sanskrit Vishwavidyalaya & Anr. vs. Dr. Rajkishore Tripathi & Anr. (1977) 1 SCC 279 (para 12), Medical Council of India vs. Sarang & Ors. (2001) 8 SCC 427 (para 6), Bhagwan Singh & Anr. vs. State of Punjab & Ors. (1999) 9 SCC 573 (para 6). 31. It may be mentioned....
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....hat of `Political Science and Public Administration', the appointment with which we are concerned, is of Lecturer in Political Science and not Public Administration and subject-matterwise they are different and not one and the same. It is not in controversy that the posts of Lecturers in Public Administration and in Political Science are distinct and separate and on selection the appellant could not have been appointed as Lecturer in Public Administration." 36. A perusal of the above passage shows that the observation that Political Science and Public Administration are distinct and separate subjects was apparently given on a concession, because what has been stated therein is that "it is not in controversy" that the post of Lecturer in Public Administration and Political Science are distinct and separate. The use of the words `it is not in controversy' shows that a concession was made on the point by learned counsel for the respondent in that case. Hence the observation cannot be regarded as a precedent. 37. Moreover, no reasoning has been given in the aforesaid passage (quoted above) as to why it has been held that Political Science and Public Administration are dis....
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....what it actually decides, and not what logically follows from it." 43. In Bhavnagar University vs. Palitana Sugar Mills Pvt. Ltd (2003) 2 SC 111 (vide para 59), this Court observed:- "It is well settled that a little difference in facts or additional facts may make a lot of difference in the precedential value of a decision." (Emphasis supplied) 44. As held in Bharat Petroleum Corporation Ltd. & another vs. N.R.Vairamani & another (AIR 2004 SC 4778), a decision cannot be relied on without disclosing the factual situation. In the same Judgment this Court also observed: "Court should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation of the decision on which reliance is placed. Observations of Courts are neither to be read as Euclid`s theorems nor as provisions of the statute and that too taken out of the context. These observations must be read in the context in which they appear to have been stated. Judgments of Courts are not to be construed as statutes. To interpret words, phrases and provisions of a statute, it may become necessary for judges to embark into lengthy discussions but the discussion is....
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....are of the opinion that the decision of this Court in Dr. Bhanu Prasad Panda's case (supra) cannot be read as a Enclid's formula or treated as a precedent, since it has not given any reason for holding that Political Science and Public Administration are distinct and separate subjects, and since the aforesaid decision was given on a concession. 46. For the foregoing reasons, we are of the opinion that the impugned judgment and order of the High Court cannot be sustained and it is hereby set aside. The appeal is allowed and the writ petition filed in the High Court stands dismissed. There shall be no order as to costs. .............................J. (Markandey Katju) New Delhi; August 6, 2008 SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. ________ OF 2008 (Arising out of S.L.P.( C) Nos.19142 OF 2006) Dr.Rajbir Singh Dalal Versus. Chaudhary Devi Lal University, Sirsa & Another JUDGMENT Altamas Kabir, J. 1. Having had the benefit of going through my learned brother's draft judgment, I wish to indicate my own views in arriving at the same conclusion as arrived at by my learned brother but b....
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....ppointment to the post of Reader a candidate would have to be qualified in the relevant subject. 5. As has also been commented upon by my learned brother, the distinction made by the High Court between Public Administration and Political Science in Dr. Bhanu Prasad Panda's case (supra) is not based on any jurisprudential reasoning but on the basis of a personal evaluation of the prevailing circumstances. On the other hand, in the instant case, both the University and the University Grants Commission, have supported the stand of the appellant and have filed affidavits in support thereof. In deciding Dr. Bhanu Prasad Panda's case (supra), this Court did not have the benefit of the views of the University and the University Grants Commission and the conclusion was arrived at on the basis of a personal understanding of Public Administration and Political Science. 6. This is where the distinction lies between the decision in Dr. Bhanu Prasad Panda's case (supra) and the case in hand. 7. The recruitment Rules followed by the University clearly indicates that in order to be appointed as Lecturer in a particular discipline a ca....