Page 1 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4270 OF 2014

(Arising out of S.L.P. (C) No.10964 of 2010)

Naushad Anwar & Ors. …Appellants

Versus

State of Bihar & Ors. …Respondents

WITH

CIVIL APPEAL NO. 4271 OF 2014

(Arising out of S.L.P. (C) No.12527 of 2010)

CIVIL APPEAL NO. 4272 OF 2014

(Arising out of S.L.P. (C) No.17421 of 2010)

CIVIL APPEAL NO. 4273 OF 2014

(Arising out of S.L.P. (C) No.23850 of 2010)

CIVIL APPEAL NO. 4274 OF 2014

(Arising out of S.L.P. (C) No.23852 of 2010)

AND

CIVIL APPEAL NO. 4275 OF 2014

(Arising out of S.L.P. (C) No.20584 of 2010)

1

Page 2 J U D G M E N T

T.S. THAKUR, J.

1.Leave granted.

2.These appeals arise out of a common order dated 10

th

March, 2010 passed by the High Court of Judicature at Patna

whereby CWJC No.17734 of 2009 filed by the appellants has

been dismissed. The short question that arises for

consideration is whether the appellants were eligible for

appointment as librarians in the schools run by the local

bodies in the State of Bihar and if so whether a mandamus

could be issued directing the respondents to announce the

result currently lying in a sealed cover. The factual backdrop

in which the question arises may be summarised as under:

3.Apart from nearly one lac posts of teachers in primary

schools, secondary schools and higher secondary schools run

by Municipal Corporation, Municipal Councils, District Boards

and Panchayats as many as 2596 vacancies of Librarians

were advertised by the Government of Bihar in terms of a

Notification dated 29

th

August, 2008. The time schedule

2

Page 3 stipulated in the notification required the selection process

to be completed by 24

th

December, 2008. The selection

process was to be undertaken by Selection Committees at

the district levels, although the composition of such

Committees and the norms and procedures governing the

selection process were not very clearly spelt out in the

notification.

4.The appellants in these appeals also applied for

appointment against posts of Librarians in response to the

above notification. Their claim for such appointments was,

however, turned down on the ground that they did not

satisfy the conditions of eligibility prescribed for such

appointments as they did not possess a Bachelor’s Degree in

Library Science from a recognised university. Aggrieved, the

appellants filed Writ Petition No.17734 of 2009 before the

High Court of Judicature at Patna which petition was

dismissed by the High Court holding that the degrees in

library science obtained by the appellants through Distance

Education were not recognised. The Distance Education

Council had, observed the High Court, in terms of its letter

3

Page 4 dated 2

nd

December, 2008 clearly stated that Alagappa

University from where the appellants had obtained the said

degrees was not recognised till 24

th

November, 2009 when

the said University was granted recognition for the first time.

The High Court was also of the view that the process of

appointment and selection stood completed by January,

2009, i.e. long before Alagappa University was recognised.

The High Court, therefore, saw no reason to permit the

appellants to compete for appointment with other

candidates. The High Court observed:

“From the aforesaid factual narration, the core

question that emerges for consideration is whether

the students, who have passed from Alagappa

University through Distance Education, can be

allowed to participate in the counselling. There is no

shadow of doubt that the Alagappa University did

not have the recognition from the distance Education

Council at the time of examination. It obtained post

facto recognition on 24.11.2009, that is, at a very

belated stage.”

5.When the matter came up for hearing before this Court

on 1

st

May, 2013, Mr. P.S. Patwalia, learned senior counsel

appearing for the appellants argued that the reason given by

the High Court for refusing relief to the appellants was

unsustainable. He submitted that the process of selection

4

Page 5 had not been completed in January, 2009 as held by the

High Court, but had continued till January, 2012. He

contended that so long as the process of selection was on,

the appellants’ claim for consideration against the vacancies

notified by the Government, could not be ignored or rejected

by the State. Reliance in support of that submission was

placed by Mr. Patwalia on certain documents filed by the

appellants to show that the selection process had not

concluded in January 2009 as observed by the High Court

but continued till as late as the year 2012. After hearing the

matter at some length we had by our order dated 1

st

May,

2013 directed the State Government to file an appropriate

affidavit answering the following queries:

“(1) What is the total number of appointments

made in each District/unit so far, whether by

the State or by the concerned authorities,

against the posts of librarian.

(2)How many of such appointments had been

made up to 24

th

December, 2008, the last date

fixed for completing the process of selections,

in terms of the advertisement notice.

(3)Under whose Orders was the date for

completion of the selection process extended

beyond 24

th

December, 2008 and in exercise of

what authority. Copies of the order under

which the date for completion of the selection

5

Page 6 process was extended shall be filed along with

affidavit.

(4) When was the last counselling/verification of

documents of the candidates, who applied for

appointment in each district, conducted.

(5) What were the norms and procedure adopted

by the concerned Selection Committees for

evaluating the inter se merits of the

candidates.

(6) In the case of candidates who had qualified

from different universities within and outside

Bihar, how was the performance of the

candidates adjudged having regard to the fact

that the academic standard for each university

may have been different.

(7) What was the composition of the Selection

Committee entrusted with the process of

selection of the candidates.

(8) How many candidates were enlisted for

appointment in each district on the basis of

inter se merits of such candidates. A copy of

the merit list for each such district be placed

on record.

(9) Does the Government of Bihar have any norms

or guidelines on the subject of recognition of

academic qualifications awarded by

universities within Bihar and those outside

Bihar?

(10) In case the State of Bihar does not have any

mechanism for recognition of such

qualifications awarded to candidates from

different universities, is there any direction,

administrative or otherwise, that relies upon or

accepts the recognition granted to such

universities by Distance Education Council,

New Delhi.

(11) Apart from Alagappa University from where the

petitioners claim to have obtained their

degree/qualification in library science, were

6

Page 7 any other candidates from other universities

not recognised on the date of the said

Notification considered for appointment by the

concerned Selection Committees. If so, on

what basis. In case there was any provisional

recognition to such universities, the copies of

such provisional recognition orders be placed

on record.

(12) Is the process of selection incomplete in any

district as on date and if so what are the

number of vacancies that remain to be filled in

such districts.

(13) Does the State propose to close or finalise the

process of selection against the vacancies that

were advertised in the year 2008. If so does it

propose to issue a fresh notification inviting

applications against the vacancies remaining

unfilled having regard to the fact that a large

number of candidates who were not eligible as

on the date of the said Notification may have

become eligible for consideration of

appointment.

(14) Is there a library in each school where the post

has been filled up or is sought to be filled up.

If there is no library in existence has the State

taken any steps and if not does the State

propose to take steps to provide a library to

the school concerned. If the answer be in the

affirmative the timeframe within which it

proposes to do so may be indicated.”

6.The respondents have pursuant to the above filed an

affidavit answering the queries. Although some of the

answers provided in the affidavit are not entirely

satisfactory, we do not consider it necessary to look for

further information in that regard as any such attempt is

7

Page 8 bound to unnecessarily delay the disposal of these appeals

further.

7.The selection process, it is common ground, was to be

conducted in terms of the Bihar Zila Parishad Secondary and

Higher Secondary Teachers (Appointment and Service

Conditions), Rules, 2006 as amended by the amendment

Rules of 2008. Rule 4(vii) (a) and (b) of said Rules as

amended stipulates the following conditions of eligibility for

appointment as a Librarian.

“4(vii) (a)Possesses Degree of Graduation with minimum

45 percent marks from any recognized

university. For the scheduled castes/scheduled

tribes/extremely backward class/backward

class and disabled, (irelaxation of five percent

would be made available in the minimum

desired marks.

(b)Degree of Graduation in Library Science given

by any university recognised by the

Department of Education, State Government.”

8.Scrutiny of the applications received by the competent

authorities appears to have revealed that several candidates

had applied for appointment on the basis of degrees in

library science obtained by Distance Education mode.

Taking note of such candidatures, Secretary, Human

8

Page 9 Resources Development of the Government of Bihar notified

that the degrees awarded by any university under the

distance learning mode will be recognised only if the same

are recognized and approved by the Distance Education

Council of Indira Gandhi National Open University. Since the

Distance Education Council had declined recognition to the

degrees awarded by Algappa University the petitioners

apprehended that they may not be considered for

appointment against the available vacancies. CWJC

No.18561 which was the first round of litigation between the

parties was, therefore, filed by the petitioners and several

others in the High Court of Judicature at Patna for a

mandamus directing the respondents to consider them for

appointment as librarian pursuant to the advertisement in

question.

9.The respondents contested the petition aforementioned

and asserted that academic qualifications awarded through

distance education from any university established under the

Act of the Parliament or institutions are deemed to be

universities under Section 3 of the University Grants

9

Page 10 Commission Act, 1956 or institutions of National importance

declared to be so under an Act of the Parliament shall stand

automatically recognised for the purposes of employment to

posts and services under the Central Government provided

such qualifications and universities are recognised by the

Distance Education Council. It was further submitted that a

notification was issued even by the Distance Education

Council informing all concerned that Distance Education

Council constituted under the Indira Gandhi national

University Act, 1985 determines standards for distance

education in the country and prescribes guidelines that are

mandatory for all institutions and that institutions ought to

obtain approval of the Distance Education Council before

commencing any degree/diploma or any such course

through distance education mode. The notification further

informed the public at large that universities and institutions

which offered a degree/diploma course through distance

mode was misleading the public if they purported to claim

that such degrees/diplomas or courses are recognised by the

University Grants Commission. Such degrees could in terms

of the notification be recognised only if the institutions had

10

Page 11 obtained approval of Distance Education Council under the

Indira Gandhi National Open University Act, 1985. That

requirement was according to the respondents not satisfied

in the present case as the Distance Education Council had in

terms of its letter dated 1

st

December, 2008 clearly stated

that the B.L.I.S. Degree of Algappa University by distance

education mode was not recognised by the Distance

Education Council.

10.A Single Bench of the High Court of Patna before whom

CWJC No.18561 came up for consideration held that since a

degree in library science from a recognised university was

the bare minimum requirement for appointment as a

Librarian and since the degree obtained by the petitioners

before it was not recognised by the Distance Education

Council, the petitioners were not eligible for consideration or

appointment against the available vacancies on the basis of

any such qualification. The writ petition filed by the

petitioners was, accordingly, dismissed.

11.Shortly after the dismissal of the above petition came

another petition filed by Pramod Kumar and others (CWJA

11

Page 12 No.3995 of 2009 ; Pramod Kumar & Ors. v. The State of

Bihar & Ors.) in which a Single Bench of the High Court of

Patna passed an order on 1

st

April, 2009 directing the

Distance Education Council to dispose of at an early date the

prayer made by Algappa University for recognition. In CWJC

No.6235 of 2009 filed by Prem Sudha Kumar and others

another Single Bench of the High Court of Patna by an order

dated 18

th

May, 2009 directed the State not to make any

appointments based on a degree in distance education mode

not recognised by the Distance Education Council.

12.The above writ petitions were then followed by Writ

Petition No.17734 of 2009 from which the present appeals

arise in which the petitioners not only challenged the

constitutional validity of Rule 4 (vii)(a) & (b) of the Bihar

Municipality Secondary and Higher Secondary Teachers

(Appointment and Service Condition) Rules, 2006 as

amended in 2008 but also prayed for a direction against the

respondents for consideration of their cases for appointment

against the post of Librarian on the basis of their degree

qualification from Algappa University, Karaikuddi, Tamil

12

Page 13 Nadu. The petitioners’ case primarily was that the Indira

Gandhi National Open University had by an order dated 24

th

November, 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 petitioners were recognised

qualifications making them eligible for appointment as

Librarians. Challenge to the validity of the Rules was,

however, given up by the petitioner before the High Court as

is evident from its order dated 7

th

January, 2010. The limited

question that fell for consideration before the High Court,

therefore, was whether the degrees obtained by the

petitioners from the Algappa University were recognised and

whether the petitioners could be considered for appointment

against the available vacancies on the basis of the said

qualifications. The High Court dismissed the writ petitions on

the ground that Algappa University did not have the

requisite recognition from Distance Education Council “at the

time of examination” and that post facto recognition

belatedly granted on 24

th

February, 2009 did not entitle the

petitioners to the consideration or appointments prayed for.

13

Page 14 13.The short question that falls for our determination in

the above backdrop, therefore, is whether the academic

qualification acquired by the petitioners is recognized for the

purposes of appointment as Librarians against the vacancies

in question, having regard to the fact that the Distance

Education Council of Indira Gandhi National Open University

has granted ex post facto recognition to Algappa University

from where the petitioners have secured their degrees in

library science. The High Court has, as noticed above, taken

the view that recognition by Distance Education Council was

granted belatedly inasmuch as such recognition had come

after the conclusion of the entire selection process hence

was of no avail to the petitioners. There can indeed be no

quarrel with the abstract proposition of law that any

recognition granted after the conclusion of the selection

process cannot possibly help the candidates concerned who

ought to satisfy the conditions of eligibility according to the

relevant Rules on the date the applications are submitted

and scrutinised to determine their eligibility. The difficulty,

however, is that the relevant Rules, did not in the case at

hand stipulate whether a degree in library science obtained

14

Page 15 by Distance Education mode will constitute a recognised

qualification. All that Rule 4 (vii) (b) stipulated was that the

candidates should have a degree in library science

recognised by the Department of Education. The Department

of Education has not by itself recognised any university or

academic qualification awarded whether by regular or

Distance Education mode. It was only when 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. There

was in other words considerable confusion as to what would

constitute a recognised qualification for purposes of

appointment as Librarians. Such 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 so as to prevent injustice to candidates who

possessed the requisite degree qualification but such

qualification required recognition by another statutory

authority which came during the selection process but was

15

Page 16 effective from a date earlier than the date on which the

applications were made. The fact that the candidates were

in the meantime allowed to participate in the selection

process under Orders of the Court and their result kept in a

sealed cover makes it so much easier for the Court to apply

the relaxed standard for determination of the conditions of

eligibility especially when the consideration of such

candidates will in no way prejudice any other candidate

already appointed or selected for appointment.

14.We may now examine whether the selection process

had indeed been concluded before the recognition was

granted by the Distance Education Council in the instant

case. The version of the petitioners consistently has been

that the selection process was not concluded as on the date

the recognition order was passed by the Distance Education

Council and even three years thereafter till the year 2012.

Whether or not that was so, is what we intended to discover

from the answers provided by respondents to the queries

extracted in the earlier part of this order. In answer to query

no.2 the respondents have on the affidavit of Secretary to

16

Page 17 Government, Education Department, Government of Bihar,

stated that no appointments could be made till 24

th

December, 2008 the last date fixed for completing the

process of selection in terms of the advertisement notice. In

answer to query no.3 the respondents have stated that

appointment orders issued against the vacancies of Teachers

and Librarians were not issued on account of certain

allegations that forged and fabricated documents were being

used to secure such appointments and also on account of

instructions issued by the Government to the effect that

degrees obtained by some of the candidates from

universities like Hindi Vidyapeeth Deogarh were being used

for claiming appointments. The affidavit goes on to state

that in terms of instructions issued by the Government on

17

th

February, 2010 a fresh schedule for issuing appointment

letters was published stipulating different dates for

completion of the process by the Nagar Nigams, Nagar

Prashids, Nagar Panchayats and Zila Parishads between 25

th

February, 2010 to 8

th

March, 2010. Since the process could

not be completed yet another schedule was published for all

the four local bodies mentioned above asking them to

17

Page 18 conclude the selection process on different dates between

10

th

May, 2010 to 20

th

May, 2010. Yet another schedule was

notified for completion of the selection process by the State

Government’s letter dated 11

th

June, 2010 asking the local

bodies concerned to complete the selection process on

different dates between 5

th

July, 2010 to 15

th

July, 2010.

That was not however, the end of the matter as the

selection and appointment process could not be completed

by the local bodies which led to the publication of yet

another schedule stipulating dates for completion of the

selection process between 10

th

August, 2010 to 13

th

August,

2010. As if that was also not enough, the entire selection

process was in terms of a fresh schedule to be completed on

different dates between 8

th

July, 2011 to 12

th

July, 2011

followed by yet another schedule stipulated by the

Government in terms of its letter dated 18

th

October, 2011

that required the local bodies to complete the process of

selection of appointments on different dates between 14

th

December, 2011 to 17

th

December, 2011. The process of

re-scheduling the selection and appointments did not end

there for by another letter dated 4

th

January, 2012 the

18

Page 19 Government re-scheduled the selection and appointment

process to be completed between 23

rd

January, 2012 and 2

nd

February, 2012. The affidavit states that no satisfactory

progress in the selection of the Librarians was made in

certain districts despite re-scheduling orders passed by the

Government with the result a final schedule for completion

of the selection process was published asking the local

bodies to complete the selection and appointment process

on different dates between 15

th

June, 2012 to 25

th

June,

2012. In answer to query no.4 the Government have stated

that the last counselling/verification of the documents of the

selected candidates was undertaken pursuant to the above

final schedule.

15.We are anguished by the very thought of the selection

procedure dragging on for as long as four years between

2008 and 2012. Such inordinate delay and indolence is

totally undesirable not only because it violates the

fundamental rights of candidates who have qualified for

appointment during the intervening period but also because

it depicts a complete failure on the part of all concerned in

19

Page 20 regulating the selection and appointment process with a

view to ensuring that the same is fair, objective and

transparent. We cannot help saying that several questions

have bothered us in regard to the selection process itself

which leaves much to be desired but since there is no

challenge to the selection or the appointments made

pursuant thereto, we refrain from making any observation in

regard to those aspects. All that we need say is that the

selection and appointment of such a large number of

employees under the local bodies ought to have been

conducted in a more orderly fashion and more importantly

the same should have been completed within the time frame

stipulated for the purpose or such reasonable extension

thereof as may have become absolutely inevitable. A

selection process that lingers on for years can hardly

measure up to the demands of objectivity, fairness and

transparency especially when the method by which inter se

merit of candidates was determined is neither stipulated in

the Rules nor any guidelines issued for the Selection

Committee to follow have been placed before us. Be that as

it may, the question is whether the selection process stood

20

Page 21 completed before the Distance Education Council recognised

Algappa University from where the petitioners have obtained

their degrees. Our answer is clearly in the negative. On

their own showing, the respondents had not concluded the

selection process till as late as middle of 2012 i.e. more than

two years after the recognition order was passed by the

Distance Education Council in favour of Algappa University.

Petitioners had, in the meantime, been allowed to participate

in the interviews under the orders of this Court passed on

10

th

May, 2010. By our order dated 14

th

March, 2011 we

had directed the respondents not to fill up 54 posts of

Librarians relevant to petitioners in SLP Nos.10964 and

12527 of 2010 and SLP (C) No.17421 of 2010 and two posts

to be kept vacant relevant to SLP (C) Nos. 23850 and 23852

of 2010. It is not in dispute that the petitioners have

participated in the interview under the above orders and

that requisite number of vacancies have also been reserved

for their appointment in the event of their succeeding in the

present case. It is also not in dispute that the result of the

petitioners has been kept in sealed cover awaiting the

ultimate outcome of the present appeals. In the

21

Page 22 circumstances, therefore, and keeping in view the fact that

the validity of the post facto recognition granted by the

Distance Education Council to Algappa University has not

been assailed before us nor was the same under challenge

before the High Court, we see no reason why the petitioners

in these petitions should not be allowed the benefit of such

recognition which implies that they shall be treated as

eligible for consideration and appointment against the

available vacancies depending upon their inter se merit vis-

a-vis other candidates competing for the same.

16.In the result we allow these appeals, set aside the

order passed by the High Court and allow Writ Petition

17734 of 2000 with a direction to the respondents to

consider the appellants for appointment against the

available vacancies by treating them eligible for such

appointment. Depending upon their inter se merit vis-a-vis

other candidates who may be competing for the unfilled

vacancies if any out of those advertised, the respondents

shall issue the appointment orders to them if they are

otherwise found to be fit and suitable for such appointment.

22

Page 23 The needful shall be done by the respondents expeditiously

but not later than two months from the date of this order.

17.The parties are left to bear their own costs.

……………………………………… .……….…..…J.

(T.S. THAKUR)

………………………… ..…………………..…..…J.

(VIKRAMAJIT SEN)

New Delhi

April 1, 2014

23