ANITA GHOSH Vs. RAM COLLEGE OF COMMERCE

JUDGEMENT

(1.) BOTH these connected writ petitions are being disposed of by this common judgment inasmuch as whereas petitioner -Ms. Anita Ghosh in W.P.(C) 2846/1996 seeks appointment to the post in question of a Lady Lecturer in Physical Education of Shri Ram College of Commerce (hereinafter referred to as ,,College), the petitioner -Smt. Kuljeet Kaur in W.P.(C) 4896/1997 was already appointed to the post in question on 3.8.1995 after interviews were conducted on 2.8.1995. The petitioner in W.P.(C) 2846/1996 Ms. Anita Ghosh seeks cancellation of the appointment of Smt. Kuljeet Kaur and consequently of her - Ms. Anita Ghoshs being appointed to the post in question. Smt. Kuljeet Kaur in her petition challenges the actions of the University Grants Commission in denying her the relaxation in obtaining NET qualification, and which was obtained by her after about a year of her being appointed.

(2.) THE facts of the case are that the College in 1995 inserted an advertisement for appointment to the post of Lady Lecturer in Physical Education. Interviews were conducted on 2.8.1995 and Smt. Kuljeet Kaur was appointed on being placed at serial no.1 in the selection list. Smt. Kuljeet Kaur however did not have the NET (National Eligibility Test) qualification which was required for being appointed as a Lecturer. The Selection Committee therefore directed that exemption qua NET qualification be sought by the College from the University Grants Commission (UGC) as regards Smt. Kuljeet Kaur. The College accordingly wrote to the University of Delhi (hereinafter referred to as "University") its letter dated 19.1.1996, and the University forwarded the request to UGC by its letter dated 20.2.1996 for relaxation of NET qualification in respect of Smt. Kuljeet Kaur. The college wrote another letter dated 9.2.1996 to UGC in which the following special reason/merit for selection was given for appointing Smt. Kuljeet Kaur: -

(3.) UGC however rejected the request for exemption from NET qualification of Smt. Kuljeet Kaur and accordingly wrote its letter dated 24.5.1996 to the University, which reads as under: -