BHAGWAN PARSHU RAM COLLEGE Vs. STATE OF HARYANA

JUDGEMENT

(1.) ORDER

(2.) . Respondent 4 applied for the post of Principal pursuant to an advertisement issued on 29/10/1995/2/11/1995 by Appellant 1. The Selection Committee constituted in terms of Rule 7 of the Haryana Affiliated Colleges (Security of Service) Rules, 1993 (for short, hereinafter referred to as the rules) selected Respondent 4, The Managing Committee, however, did not issue any letter of appointment to Respondent 4 and at that stage he approached the High Court for appropriate directions in regard to the selection made. The High court, on examination of the matter, came to the conclusion that the selection had been done in accordance with the relevant 48 rules applicable to such selection and the reasons assigned by the appellants as to why Respondent 4 could not be appointed now are arbitrary and not germane to the appointment. On that basis it allowed the writ petition and directed the respondents to appoint Respondent 4 as the Principal of the College. This order is in challenge before us in this appeal.

(3.) . The High court had made a thorough examination of facts and proceeded to consider firstly the scope of the relevant rules and came to the conclusion that the rules have been scrupulously followed in the matter of selection of Respondent 4 by the Committee consisting of a nominee of the Director, Higher Education, a nominee of the Vice-Chancellor, an outside expert, a representative of the Managing Committee and Principal of a government College for selecting the persons available. The members of the Governing Body gave reasons in Resolution No. 26 dated 18/2/1996 for not appointing Respondent 4. For the purpose of convenience, we extract the resolution: <FRM>JUDGEMENT_46_6_1999Html1.htm</FRM> 49