BHAVYA MEHTA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The following two important questions fall for the consideration of the Court, (i) whether a post graduate in Computer Science is entitled to regularisation without clearing National Eligibility Test(to be referred as NET henceforth) or without obtaining Ph.D. Degree and (ii) whether the service of a temporary teacher/lecturer can be terminated without the prior approval of Vice Chancellor.

(2.) The petitioner is a post graduate in Computer Science. She has also completed her studies of Ph.D. and she has submitted her Doctorate thesis with the Department of Computer Science, University of Delhi in December, 2005. She is likely to be awarded Doctorate in Computer Science very soon. In November, 2001, the College of Vocational Studies, respondent No.2 advertised two posts of Lecturers, Computer Science. The advertisement mentioned that this was temporary post but likely to continue. The petitioner applied for the said post, she was interviewed and was appointed vide letter dated 18.03.2002. The appointment letter mentioned that the above said appointment was purely on temporary basis and terminable at any time without assigning any reason and without any notice. She has been given annual increments from time to time in March, 2003, 2004 and 2005 and her record has been without blemish. Dr. Inderjeet, a new Principal joined the college on 19.12.2005. Dr. Inderjeet issued memos against the petitioner, warned her, but replies and representations sent by her did not ring the bell. The petitioner has herself quoted five/six instances. He became more inimical towards her. It is alleged that conspiracy was hatched to ease out the petitioner and the spade work was done. In October, 2005 there was an advertisement for four posts including the petitioner's post but she was allowed to continue on ad-hoc basis for 89 days till the completion of Selection process and University was requested to exempt her from NET. Interviews were to be held on 09.05.2006. Under these circumstances, the instant writ petition was filed on 02.05.2006, with the prayer to quash the action of the respondent in filling up the four posts of Lecturers (Computer Science) in respondent No.2 and the respondents be restrained from filling up more than three posts of Lecturers and allow the petitioner to continue on the post of Lecturer as a regularly appointed candidate and not to terminate her services except in accordance with law.

(3.) According to the respondents, at the time of appointment of petitioner, her National Eligibility Test (NET) result was being awaited. Vide communication dated 18.09.2001, the UGC directed the college not to appoint any Lecturer, who has not qualified the NET. In accordance with the said directions of UGC, services of one Dhani Ram working in the Department of Commerce, were terminated. The Governing Body in its meeting held on 07.07.2005, resolved that since Ms. Bhvya Mehta had not produced the proof of having passed the NET, she be asked to furnish particulars in this regard. Accordingly, one communication dated 08.07.2005 was sent to the petitioner and she was asked to state whether she had qualified NET or any other equivalent test. In her reply dated 12.07.2005, the petitioner made two submissions. Firstly, that at the time of her appointment, NET was not an eligibility condition and in the alternative in various other colleges, candidates, who, had not cleared the test of NET had been confirmed/regularized. The Governing Body in its meeting dated 27.07.2005 considered her reply and decided that since the petitioner had not qualified the NET, therefore, the post be advertised and a suitable candidate should replace her. In advertisement dated 08.11.2005, it was clearly and specifically required that the aspirants must have cleared NET or similar test accredited by the UGC or should have submitted their Ph.D. Thesis or cleared M.Phil Degree by 31st December, 1993. Pursuant to the above said advertisement, the Selection Committee in its meeting held on 04.05.2006 recommended Mrs. Parul Chachra for appointment to the temporary post of Lecturer in Computer Science. Mrs. Parul Chachra joined on 01.06.2006. As per decision of the Governing Body dated 27.07.2005, the services of the petitioner were terminated vide communication dated 16.06.2006. It is alleged that the petitioner has neither impleaded Mrs. Parul Chachra as a party to this case or has not challenged her appointment and as such she has accepted the decision of the University. Again the petitioner has also not challenged the appointment of Mr. Rishi Rajan Sahai, who was appointed to the post of Lecturer Mathematics/Operational Research in the Department of Computer Science. This Court had ordered on 16.06.2006, "till the next date of hearing, the termination of the services of the petitioner shall not be given effect."