MADHU RATHOUR Vs. VICE CHANCELLOR UNIVERSITY OF DELHI

JUDGEMENT

(1.) BY THIS JUDGMENT, THE ABOVE WRIT PETITIONS BEING WP(C) 11913/2004 FILED BY DR.(MRS.)MADHU RATHOUR AND WP(C) 10373/2004 FILED BY PROFESSOR(DR.)SURENDRA PRASAD ARE BEING DECIDED SINCE BOTH RELATE TO A CLAIM FOR BEING RE-EMPLOYED BY RESPONDENT-UNIVERSITY OF DELHI AS DISTINGUISHED TEACHERS.

(2.) THE PETITIONERS ARE AGGRIEVED BECAUSE OF REJECTION OF THEIR CASE FOR RE-EMPLOYMENT BY THE UNIVERSITY OF DELHI ON THE BASIS OF RESOLUTIONS OF THE EXECUTIVE COUNCIL, GUIDELINES OF THE UNIVERSITY GRANTS COMMISSION AND THE ORDERS PASSED BY THE DIVISION BENCH OF THIS COURT DATED 26.5.2003 IN CWP 1382/2002 AND THE DIRECTIONS GIVEN BY THE SUPREME COURT IN CIVIL APPEAL NOS.8261-63/2003 TITLED UNIVERSITY OF DELHI & ANR. VS, T.P.S.CHAWLA & ORS DATED 13TH OCTOBER, 2003.

(3.) DR.(MRS.)MADHU RATHORE IS A DOCTORATE IN HINDI. ADDITIONALLY SHE HOLDS A LAW DEGREE. SHE SUPERANNUATED ON 31ST MARCH, 2004 WITH 33 YEARS OF SERVICE. SHE CLAIMS EXCELLENT ACADEMIC CREDENTIALS. SHE CLAIMS TO BE IN GOOD HEALTH TO DISCHARGE HER DUTIES UPON RE-EMPLOYMENT. SHE WAS AWARDED U.G.C SCHOLARSHIP FOR RESEARCH IN HINDI AND HAD COMPLETED POST DOCTORATE RESEARCH WORK ON "ADHUNIK NATAK KANOON KE PARIPRAKSHYA MEI". MR.S.P.S.RATHOUR, LEARNED COUNSEL FOR THE PETITIONER SUBMITS THAT BESIDES A DISTINGUISHED EDUCATIONAL CAREER, PETITIONER HAD PARTICIPATED ACTIVELY IN THE ACTIVITIES OF THE COLLEGE. SHE DEMONSTRATED HER TACT IN RESOLVING VOLATILE AND DIFFICULT SITUATIONS. MR.RATHOUR SUBMITS THAT SHE FULLY MEETS THE CRITERIA OUTLINED BY THE SUPREME COURT IN UNIVERSITY OF DELHI & ANR. VS, T.P.S.CHAWLA & ORS WHEREIN IT WAS HELD THAT "RE--EMPLOYMENT IS NOT TO BE IN A ROUTINE MANNER, OF ALMOST ALL TEACHERS. THE MERE FACT THAT A TEACHER HAS SERVED FOR A LONG PERIOD DOES NOT BY ITSELF MAKES HIM A DISTINGUISHED TEACHER."