PUNJAB UNIVERSITY Vs. NARINDER KUMAR

JUDGEMENT

(1.) The appellant-Punjab University, Chandigarh had issued an advertisement No. 6/93 inviting application for verious posts in the University, fixing 9-7-1993 as the last date for receiving applications. Among the posts so advertised were two posts of Lecturers in Gandhian Studies. The advertisement prescribed qualifications for various posts. These were under two heads. A - Essential and B - Desirable/Essential Specialisations etc. Under Head-A there were two sub-paragraphs which read as follows:-

(2.) The Syndicate of the appellant-University at its meeting held on 1-6-1995, after considering the minutes of the Selection Committee resolved to appoint respondents Nos. 2 and 3 as Lecturers in the Department of Gandhian Studies of the appellant-University. In the meanwhile, the first respondent who was one of the candidates for the said post, filed a writ petition in the High Court of Punjab and Haryana challenging the selection of respondents Nos. 2 and 3 on the ground that these two respondents did not have the qualifications prescribed for the post. A learned single Judge of the High Court held that these two respondents did not possess the requisite qualification of an M.A. Degree in a relevant subject. He, therefore, set aside the selections so made and directed re-advertisement of these posts. This judgment has been upheld in appeal by the Division Bench of the High Court. Hence, the appellant has filed the present appeal.

(3.) The narrow question is, whether respondents Nos. 2 and 3 possess the requisite qualification of having a master degree in the relevant subject. As set out earlier, the qualifications under the heading "A: Essential" are general qualifications in which the exact subject of studies is not set out.