SHIV PRASAD Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Both these appeals have been instituted by the appellants being aggrieved and dissatisfied with the judgment and order passed by the High Court of Uttranchal (now Uttrakahand) on September 18, 2003 in Writ Petition No. 802 (S/B) of 2001.

(3.) Shortly stated the facts of the case are that on August 10, 2000, Roorkee University issued an advertisement for filling up various vacancies in different faculties. The controversy in present appeals relates to the vacancy position in the Department of Mathematics. As observed in the impugned judgment of the High Court, there were six posts of Professors (unreserved) and three posts of Associate/Assistant Professors. Out of three posts, two were reserved for Scheduled Caste candidates while one was for General Category: Unreserved (UR). They were to be filled under Flexible Cadre Structure (FCS) in accordance with reserve roaster notified by the Government of Uttar Pradesh under whose control the University was functioning at the relevant time. Appellants in both the appeals applied in March, 2001. Interviews were conducted on March 20, 2001. Selection Committee met on the next day, i.e. March 21, 2001. It is the case of the writ petitioner that he was selected for the post of Associate Professor. According to him, respondent No. 4 (Dr. Madhu Jain) was not found eligible and was neither selected nor recommended. The writ petitioner, however, did not receive an appointment letter for quite some time. On the contrary, he came to know that respondent No. 4 was intimated by the University that she was selected and being appointed as Assistant Professor in the Department of Mathematics. The writ petitioner made representations. Since there was no favourable reply, he was constrained to approach the High Court by filing a writ petition. The Division Bench of the High Court by the order impugned in the present appeals, allowed his petition, set aside the appointment of respondent No. 4 but directed the University to re-advertise the post and to conduct the selection process afresh. Consequence of the order passed by the High Court was that the writ petitioner succeeded and selection and appointment of respondent No. 4 to the post of Assistant Professor in Mathematics had been set aside, but no effective relief had been granted in favour of writ petitioner. The grievance of the writ petitioner in the present appeal is that though he was eligible, qualified, found fit and recommended for appointment to the post of Associate Professor, he was not appointed. The High Court, no doubt, allowed his writ petition but it was wrong in directing re- advertisement of the post and to conduct selection process afresh. The complaint of respondent No. 4-appellant in the cognate appeal, on the other hand, is that on the facts and in the circumstances of the case, she was rightly selected, recommended and appointed as Assistant Professor in Mathematics and the High Court was not justified in setting aside her appointment. The action of the University in appointing her was legal and valid and ought not to have been disturbed by the High Court.