PADMA RANI Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THE petitioner-Ms. Padma Rani, has prayed for two reliefs. Firstly, the recruitment Rules notified in 2000 for appointment to the post of Librarian should not be applied in the present case as the said post had fallen vacant in 1996. In this regard, it is submitted that appointment to the post of Librarian should be made as per the Recruitment Rules prevalent in 1996. It is stated that the first advertisement for appointment to the post of Librarian was issued in 1997. The second contention is that the petitioner is entitled to salary as a librarian for the period 1st January, 1987 till 31st January, 1990 and from 1996 onwards. It is prayed that the respondent-Ram Lal Anand College (Eve.) should be directed to pay the difference in salary that was paid to her and the salary payable to her as a Librarian, along with interest.

(2.) I may note here that the present Writ Petition was filed on 17th december, 2002 after the respondent-College had advertised the post of Librarian vide Advertisement dated 9th November, 2002. The Advertisement prescribed eligibility conditions specified in the Recruitment Rules-2000, which requires that a candidate should possess Ph. D. degree or should have passed the National eligibility Test in Library Science being conducted by U. G. C. It is an admitted case of the parties that the petitioner does not meet the above eligibility criteria fixed under the Recruitment Rules, 2000.

(3.) LEARNED counsel for the petitioner in support of his first contention has relied upon the judgment of the Supreme Court in Y. V. Rangaiah and others versus J. Sreenivasa Rao and others reported in (1983) 3 SCC 284. However, in the said case, the earlier Recruitment Rules required a panel to be prepared by 1st of September, every year. There was delay in preparation of the panel and as a result eight vacancies that had arisen between December, 1975 and April, 1977 were not drawn up and filled. In the meanwhile, the Recruitment Rules were amended in March, 1977. In view of the earlier Recruitment Rules which required preparation of a panel as on 1st of September, every year, the Supreme Court in para 9 of the said judgment has held as under:-