Plea seeking facilities in RDU’s Law Deptt to be heard after six weeks

Source: The Hitavada      Date: 08 Feb 2018 11:24:10

 Legal Correspondent

HEARING letter petition (PUD) seeking improvement for infrastructure and other facilities in Law Department of RDU, Jabalpur, division bench of Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla said that ‘in the meantime, the University shall give details of examination conducted in 3 years and 5 years course run by it and delay, if any, in conducting the examination.’ During hearing, Advocate Tabrez Sheikh, Counsel for RDU stated that advertisement to fill vacant posts of the Law Department shall be issued on February 10, 2018, and appointments are likely to be completed within four months. However, amicus curiae states that in respect of infrastructure and delay in completion of examination process, the Department is yet to do lot.

Division bench of MPHC listed the matter for hearing after six weeks. Meantime, the University shall give details of examination conducted in 3 years and 5 years courses run by it, and delay, if any, in conducting the examination, the division bench said. In previous hearing of the matter, the State had filed an affidavit that the University can go ahead with filling of vacant posts in terms of unamended Ordinance 4. Counsel representing the University sought a week’s time to give a time schedule to fill vacant posts.

Earlier, hearing on January 22, 2018, Sanjay Dwivedi, Deputy Advocate General for the respondent State relies upon 92nd meeting of the coordination committee held on November 16, 2016, to contend that eligibility criteria has been approved as per UGC (Minimum Qualification for Appointment of Teachers and Other Academic Staff in Universities and colleges and measures for maintenance of standards in Higher Education) Regulation, 2016.

However, counsel for University pointed out that agenda, which was approved on November 16, 2016, was to incorporate changes in ordinance 4 but no such changes have been affected in the said ordinance. In the subsequent 93rd meeting of coordination committee held on October 25, 2017, many amendments have been incorporated but not in ordinance No.4, therefore, in absence of eligibility conditions for appointment of teachers, the University is not in a position to start process of filling of vacant posts.

Counsel for the State had sought a week’s time to clarify as to whether the University can go ahead with filling of vacant posts in terms of unamended ordinance 4 or that eligibility conditions as fixed by UGC stands approved in respect of the post in question. Counsel appearing for respondent University hadpointed out before the High Court that eligibility condition for filling up of vacant posts is to be finalised by the Co-ordination Committee of the State Government and that the State has not convened a meeting. Deputy Advocate General Sanjay Dwivedi has sought sometime to find out as to when the State will convene a meeting and finalise eligibility condition to fill vacant post.

Division bench heard the petition sent by Rohit Pali and other students of Law Department of Rani Durgawati University, Jabalpur. This petition indicates a sorry state of affairs prevalent in law faculty at Rani Durgawati University (RDU), Jabalpur. Various students pursuing law courses in the University wrote a letter to the Chief Justice of the High Court on September 11, 2013, indicating the Chief Justice various anomalies in functioning of law faculty particularly with regard to infrastructure facility and there being a lack of permanent teaching staff in the University. The matter was taken up by appropriate committee of the High Court and finding public interest involved in the matter, the Chief Justice on recommendation of the appropriate committee, directed for registration of letter written by students as a letter petition in public interest and proceed in the matter.