ANJU SHARMA Vs. DELHI UNIVERSITY

JUDGEMENT

(1.) The petitioner working as Senior Assistant in Dayal Singh College under Delhi University has filed this writ petition seeking quashing of impugned advertisement dated 04.07.2008 issued by the College inviting applications from SC candidates for filling up one vacant post of Section Officer (Accounts) in the College. The petitioner has also prayed for directions to the respondents to promote her to the post of Section Officer (Accounts) from the due date she became eligible for such promotion in terms of recruitment rules applicable for the said post.

(2.) The post of Section Officer (Accounts) advertised by Dayal Singh College vide impugned advertisement was vacated by a general category candidate Mr. S.D. Verma on 30.06.2008. As per the petitioner, the post of Section Officer in the College, in terms of recruitment rules applicable for the post, could be filled only by way of 100% promotion and not by way of direct recruitment. The petitioner has stated that since the post of Section Officer (Accounts) was vacated by a general candidate Mr. S.D. Verma, the same has to go to the general category and not to the SC category. After the issuance of the impugned advertisement dated 04.07.2008, the petitioner had made a representation to the College on 03.09.2008 and again on 08.09.2008 reiterating her stand that as per reservation roster and DOP & T OM dated 02.07.1987, 'L' shape roster is to be operated as the cadre strength is less than 13. She also explained in her representations that she being the senior most Senior Assistant in the College having five years regular service in the College fulfills all the eligibility conditions for her promotion to the post of Section Officer (Accounts) and therefore requested the College to promote her to the said post without any delay. Since the petitioner did not hear any response to her representations from the College, she has filed the present writ petition for quashing of the impugned advertisement dated 04.07.2008 and for directions to the respondents to promote her to the post of Section Officer (Accounts) as she fulfills all the eligibility conditions required for her promotion to the said post.

(3.) Reply to the petition has been filed on behalf of Dayal Singh College (respondents No. 2 & 3). Dr. I.S. Bakshi, Principal Dayal Singh College has sworn his affidavit in support of reply filed on behalf of the College. The respondents in their reply have denied that they have ignored the statutory recruitment rules notified in terms of Article 309 of the Constitution of India and the reservation roster in initiating the process for appointment against the post of Section Officer through open selection. The respondents have stated that as per the rules, the appointment to the post of Section Officer can be made both through direct recruitment as well as by promotion. The rules permit 75% promotional appointment and 25% direct recruitment by limited departmental examination. The respondents have further stated that there are two posts of Section Officers in Dayal Singh College, one for accounts for looking after accounts/finance of the College and other post is for administration. As per 13-point post based roster of the university, the existing vacant post of Section Officer in the College is reserved for SC category while the petitioner belongs to a general category. According to the respondents, the petitioner was not eligible for her promotion to the post of Section Officer (Accounts) as the said post in terms of reservation roster is required to be filled from a candidate of SC category. Since there is no SC candidate presently available in the College who can be promoted to the post of Section Officer, the University has granted permission to the College to advertise the post and make appointment of SC candidate from open market as per rules. It is stated by the respondents that they have followed the guidelines and the instructions of the Delhi University in initiating the process for appointment to the post of Section Officer (Accounts) advertised vide impugned advertisement dated 04.07.2008. The respondents have prayed for dismissal of the present writ petition.