KIRAN DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the Writ Petition challenging the advertisement dtd. 22/3/2023 (Annexure P/1) issued for appointment on various posts under the Self Finance Scheme.

(2.) The brief facts as reflected from the records are that the respondent No. 2 is an open University constituted in pursuance of Pandit Sundar Lal Sharma Open University Act, 2004 (for short, the Act, 2004). Sec. 13 of the Act prescribed other officers and manner of appointment, emolument, power and duty of officers of the University. Sec. 20 of the Act provides constitution of Finance Committee and Sec. 25 of the Act provides that the University shall have a statute. The University in pursuance of the Act, 2004 has made various statutes.

(3.) Learned counsel for the petitioner would submit that the University has granted financial approval of the non-teaching posts in the University on 22/11/2022 and the Higher Education Department has also sanctioned various posts under the self finance scheme on 2/1/2003 (Annexure P/4). It has been further contended that the Registrar of the University has issued an amendment in ordinance No. 1 approving amendment as Part-H providing minimum qualification for non-teaching class-I and class-II posts. Thereafter, the Registrar of the University has issued notification on 20/1/2023 in alleged compliance of approval granted for Executive Council and added in column 11 to 15 (self financed post) providing non-teaching class-I and class-II posts though according to the University itself, the self finance creates a different set of cadre, and entire conduct of recruitment and condition of service, promotion are to be governed by separate rule to be made.