UNIVERSITY OF DELHI Vs. NEELAM GAUR

JUDGEMENT

(1.) . This second appeal is directed against the judgment and decree of the first appellate court dated 6/03/1999 thereby dismissing the appeal of the appellant University against the judgment of the trial court dated 28/09/1996 by which the learned trial court had disposed of the suit of the plaintiff-respondent with certain directions to the appellant-University.

(2.) . Briefly, the relevant facts necessary for the decision of the present appeal are that in May 1992 Dr. (Mrs.) Neelam Gaur, plaintiff-respondent filed a suit against the Delhi University with the averments that she was M.Sc. in Anthropology and was registered for Ph.D. in the year 1975 and since then she had continued in the Department of Anthropology as a pre-doctoral/post-doctoral researcher in various capacities without interruption for the last 17 years. She was awarded Ph.D. in November, 1980 and Senior Research Fellowship after Ph.D. by the Department of Anthropology. In 1983 she was awarded Research Associateship of U.G.C. on a Research Project in the pay-scale of Rs.950-1400 (revised to Rs.2200-2700) for five years. Thereafter she worked on a Research Project of I6AV beside she was empanelled in SCIR's Scientists Pool in the year 1988 and placed as Pool Officer in the Department of Anthropology, Delhi University. The plaintiff was again selected for the award of Research Associate of U.G.C. on a project in the pay-scale of Rs.3700-4325 with effect from 1-8-1990 and she continued to work in that position in the Department of Anthropology of the Delhi University. Beside she had published/presented nearly 45 research papers in Journals/Scientific seminars in India and abroad and was the seniormost research scholar. She had been taking classes of under-graduate/post-graduate level in the Department of Anthropology since 1983. Despite all this, she was not regularised in the Department of Anthropology and, so relying upon a Supreme Court decision in the case of Dr. (Mrs.) V.L. Chandra & Ors. vs. UOI & AIIMS, JT 1990 (1) SC 515, filed a suit claiming the following reliefs:-

(3.) The appellant contested the suit on a variety of grounds, inter alia, pleading that the plaintiff had no vested right to be appointed against any post in the pay-scale of Rs.3700-4325 as in terms of Ordinance XI Clause B(1) of the Delhi University Act, 1972, the post of teachers are required to be filled up after advertisement by open recruitment after due consideration of their basic qualifications and suitability. It was denied that the plaintiff was highly qualified person with merit and it was stated that the plaintiff had secured 45.4% marks (III Division) in B.Sc. course and 50% marks in the M.Sc. It was, however, admitted that the plaintiff worked as Research Associate of U.G.C. and ICMR from 1983 to 1988 and thereafter she was accommodated as Pool Officer (CSIR) from January 198 9/07/1990 and that she was awarded research associateship by the U.G.C. and she is under supervision of the University and over all administrative control of the Department by virtue of she having been attached to it at her request. It was explained that she applied for the post of permanent lecturer in the Department on at least two earlier occasions but was not found competent by the Selection Committee. The plaintiff-respondent had been given teaching work occasionally but it was stated to be a part of the research work. It was also pleaded that the University advertised the post in Social Anthropology, Physical Anthropology and Pre-historic Anthropology and only 30 candidates out of the total applicants were called for interview fell in Category I and II whereas the plaintiff-respondent being in sub-category II of Category III was not called for interview. On the pleadings of the parties the trial court framed the following issues :-