1. Shantanu Raj, aged about 26 years, son of Prakash Ranjan, resident of G-D v. 1. The Union of India through the Secretary, Department of Agricultural Research and Education
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 4941 of 2023 - 1. Shantanu Raj, aged about 26 years, son of Prakash Ranjan, resident of G-D Vrindavan Vatika, Harihar Singh Road, Bariatu, P.O. & P.S. – Bariatu, District-Ranchi (Jharkhand). 2. Puja Singh, aged about 23 years, daughter of Jay Ghanshyam Singh, resident of Sitarampur, Mining Office, Kulti M, P.O. & P.S. Kulti M, District-Bardmand (West Bengal). ...............Petitioners Versus 1. The Union of India through the Secretary, Department of Agricultural Research and Education, Ministry of Agriculture and Farmers Welfare, Government of India, Krishi Bhawan, New Delhi 110 001, P.O. + P.S. - New Delhi 2. The Office of Hon’ble Governor-cum-Chancellor, Governor’s through O.S.D. Secretariat, Jharkhand, represented (Judicial), having its office at Raj Bhawan, P.O. & P.S. Bariatu, Dist.- Ranchi. 3. The State of Jharkhand through the Secretary, Department of Agriculture, Animal Husbandry and Co-operative, Government of Jharkhand, Nepal House, Doranda, P.O. & P.S. Doranda, Dist. Ranchi. 4. The Secretary, Department of Agriculture, Animal Husbandry and Co-operative, Government of Jharkhand, Nepal House, Doranda, P.O. & P.S. Doranda, Dist. - Ranchi. 5. Birsa Agriculture University, Ranchi through the Vice- Chancellor, P.O. & P.S. Kanke, Dist. Ranchi. 6. The Vice-Chancellor, Birsa Agriculture University, Ranchi, P.O. & P.S. Kanke, Dist. - Ranchi. 7. The Registrar, Birsa Agriculture University, Ranchi, P.O. & P.S. Kanke, Dist. Ranchi. 8. The Director Administration, Birsa Agriculture University, Ranchi, P.O. & P.S. Kanke, Dist. Ranchi.
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN -- .....Respondents 1 -- For the Petitioner : Mr. Shresht Gautam, Advocate For the Resp.Nos. 1 to 4 : Ms. Amrita Banerjee, Advocate For the Resp. Nos. 5 to 8 : Mr. Abhijit Kumar Singh, Advocate -- C.A.V ON 14/08/2024 PRONOUNCED ON 10/09/2024 Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioners praying therein for quashing and setting aside the Letter No. 1176 dated 11.05.2023 (Annexure-8), issued by the Secretary, Department of Agriculture, Animal Husbandry & Co-operative, Government of Jharkhand; whereby the Vice-Chancellor, Birsa Agriculture University, has been prohibited from publishing the final result and issuing appointment letters to the selected candidates. The petitioners have further prayed for a direction upon the concerned respondent to publish the final result of the recruitment process carried out under the Advertisement No. BAU(VC)21/2022 and issue appointment letters to the successful candidates under the Advertisement No. BAU(VC)21/2022. 3. The brief facts of the case is that on 20.08.2004, a Memorandum of Understanding was signed between the Indian Council of Agricultural Research (ICAR), New Delhi and the Birsa Agriculture University, Ranchi for Scientific and Technical 2 Cooperation in the implementation of the project of Krishi Vigyan Kendra (KVK). On 27.08.2022 Birsa Agriculture University published an advertisement for inviting applications for the posts of Assistants and other posts in various KVKs functioning under it. Thereafter, petitioners applied for the said post in the prescribed format under the aforesaid advertisement. The Vice-Chancellor constituted a Scrutiny Committee on 04.01.2023 for screening the applications submitted by the candidates. On 22.03.2023, in the screening test the petitioners qualified for the post of Assistant and pursuant thereto they were called for interview. Petitioners were issued online Admit Cards/Call Letter for appearing in the interview. Petitioners participated in the interview held on different dates and submitted all the requisite academic as well as other documents. 4. It further transpires from record that on 28.03.2023, one Mr. Sohan Ram had made a complaint alleging that the University is illegally making appointment to the various poste of KVKs against the provision of the Jharkhand Agriculture University Act, 2000 and the Birse Agriculture University Statute, 2000. 3 On 11.05.2023, Secretary, Department of Agriculture, Animal Husbandry & Co-operative, Government of Jharkhand asked the Vice Chancellor to make available the recruitment rules relating to ICAR sponsored projects and further asked him not to issue any appointment letters to the selected candidates for the ICAR projects till further directions issued by the Government. On 15.05.2023, the Vice-Chancellor replied to the aforesaid letter of the Secretary, Department of Agriculture, Animal Husbandry & Co-operative and thereby forwarded the copy of KVK Guidelines. 5. At this stage it is relevant to mention that KVK Guidelines under the heading of “Recruitment and Placement of Staff” at Page No.-6 provides that the recruitment of the staff should be done by the host institutions for the sanctioned posts and as per the guidelines provided by the ICAR. On 31.05.2021, the Vice-Chancellor also forwarded the copy of the letter dated 31.05.2001 to the Secretary issued by the Hon’ble Governor-cum- Chancellor; whereby the Hon’ble Governor-cum- Chancellor granted permission to the Vice- Chancellor to 4 initiate with the recruitment process on vacant posts of Krishi Vigyan Kendras fully funded by ICAR. 6. It is also relevant to note that on 24.01.2023, Department of Agricultural Research and Indian Council of Agricultural Research (ICAR), Ministry of Agriculture and Farmers Welfare, Government of India, vide letter dated 24.01.2023, communicated to the Chief Secretary, Government of Jharkhand that majority of the KVKs in the State of Jharkhand are operating with less than the sanctioned manpower and large positions are lying vacant since long time and further asked to ensure that the vacant positions in KVKs are filled at the earliest. On 24.02.2023, the Secretary, Department of Agriculture, Animal Husbandry & Co-operative, Government of Jharkhand, vide letter dated 24.02.2023, stated the fact that KVKs are run under the MoU signed between the ICAR and the BAU and further asked the Vice-Chancellor to take necessary action regarding filling- up vacant posts in KVKs. 7. Further, on 13.07.2023, the Director Administration, BAU, brought to the notice of the Secretary, Department of Agriculture, Animal Husbandry & Co-operative, Government of Jharkhand, Notification 5 No. 1645 dated 02.06.2014. On 02.06.2014, vide the Notification No. 1645 dated 02.06.2014 provisions under Para 1.3. Para 14.1, Para 17.1 and Para 17.2 of the Birsa Agriculture University Statute has been amended. Thereafter, on 29.08.2018, the Hon’ble Governor-cum-Chancellor, vide letter dated 29.08.2018, addressed to the Vice-Chancellor, Birsa Agriculture University, had also clarified that the Vice-Chancellor is authorized to make appointment on various posts of KVKs which are fully funded by the ICAR. 8. It is not out of place to mention here that the alleged complainant namely Sohan Ram has also clarified to the Vice-Chancellor that the fictitious complaint dated 28.03.2023 made to the Secretary, Department of Agriculture, Animal Husbandry & Co- operative, Government of Jharkhand is false and forged. 9. Having regard to the aforesaid facts and circumstances of the case and in view of Annexure-17, whereby the Hon’ble Governor-cum-Chancellor vide its letter dated 29.08.2018 addressed to the Vice Chancellor, Birsa Agriculture University had also clarified that the Vice- Chancellor is authorized to make appointment on various posts of KVKs which are fully funded by ICAR, coupled with the fact that the alleged complainant who became the sole 6 cause for the delay in appointment has clarified to the Vice Chancellor that the fictitious complaint dated 28.03.2023 made to the Secretary, Department of Agriculture, Animal Husbandry and Co-operative, Government of Jharkhand is false and forged, this Court is having no hesitation in quashing and setting aside the Letter no. 1176 dated 11.05.2023 (Annexure-8); issued by respondent no. 4, whereby Vice Chancellor, Birsa Agriculture University was prohibited from publishing the final result, and the same, is hereby, quashed and set aside. 10. Pursuant to the quashing of the aforesaid Letter no. 1176 dated 11.05.2023 (Annexure-8), the respondents are directed to publish the final result of the recruitment process carried out under the Advertisement no. BAU(VC)21/2022 and pursuant thereto, the respondents are further directed to issue appointment letters to the successful candidates under the Advertisement no. BAU (VC)21/2022. The entire exercise shall be completed within a period of 16 weeks from the date of receipt of a copy of this order. 11. As a result, the instant writ application stands allowed in the mater as indicated hereinabove. (Deepak Roshan, J.) Jk/ NAFR/AFR 7