SUMAN BALA SHARMA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioner, in these proceedings under Article 226 of the Constitution of India, challenges her seniority fixed by the respondent University. She seeks a direction to quash the order dated 26.04.2002 and also another, to consider her senior to respondent No.2.

(2.) The petitioner and the second respondent applied for the post of Reader in Bio-Chemistry, in the University College of Medical Sciences (hereafter "UCMS") which is under the control of the Delhi University. They were both interviewed, and selected. The Minutes of Meeting of the Executive Council, of the University dated 31st July 1992 recorded approval of their names and recommended appointment, to the post of Reader, in Bio Chemistry in the UCMS. Their names appeared in the sub heading 12 of Item 82, which dealt with recommendations of various Selection Committees. The respondent University issued a letter of of appointment on 05.08.92 to both the petitioner and the respondent No.2 requiring them to join, and give acceptance latest by 22nd August 1992. The petitioner joined on 22nd August 1992. The second respondent joined later, on 28th October 1992.

(3.) It is averred that on account of the petitioner having joined earlier and also on account of her seniority in age, she was granted the seniority over the second respondent and selected Member of the Faculty of Medical Sciences (An Advisory body to the University) under the Statutes, for a term of three years on 15th February 1999. It is averred that the petitioner and the respondent both appeared for interview to the post of Professor in the Department of Bio Chemistry on 28.03.2001; the selection committee recommended their names along with one Dr. J.K. Gambhir. The order comunicated by the Selection Committee was as follows:-