SUDHANSH SHARMA Vs. INDIRA GANDHI NATIONAL OPEN UNIVERSITY

JUDGEMENT

(1.) THE present intra-Court appeal is directed against the order dated 3rd March, 2010 passed by the learned Single Judge in WP (C) No. 3077/2007 whereby he has declined to accede to the prayer of the appellant for issue of a writ of mandamus to the respondents to appoint him on the post of permanent lecturer in the school of Computer and Information Sciences with the respondent, namely, Indira Gandhi National Open University (IGNOU).

(2.) THE facts which are essential for adjudication of the present appeal lie in a narrow compass. THE IGNOU issued an advertisement for filling up one post of lecturer in the school of Computer and Information Sciences. After being qualified in the interview, a panel of two candidates was recommended by the Selection Committee against the one notified vacancy. Shri Naveen Phougat was the first selected candidate in the select panel approved by the Board of Management in its 86th meeting held on 1st April, 2006. Shri Phougat joined the respondent-university on 15th September, 2006 but eventually resigned from the post on 12th March, 2007, which was accepted by the Vice-Chancellor vide office order No.292 dated 16th March, 2007. In the meantime, the appellant was appointed against a leave vacancy as one Shri P.V. Suresh had gone on study leave. After the said Suresh came from leave, the vacancy came to an end and the appellant was relieved.

(3.) THE learned Single Judge referring to the factual matrix, the various resolutions in the field, the Ordinance 12, the Government's Instruction and certain citations did not find any substance in the petition and accordingly dismissed the same.