NEELAM KANWAL @ JALAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Ganesh Kandpal, learned counsel for the petitioner and Mr. Pradeep Joshi, learned Standing Counsel for the State of Uttarakhand, and, with their consent, the writ petition is disposed of at the stage of admission.

(2.) The petitioner has invoked the jurisdiction of this Court seeking a writ of mandamus directing the respondents to regularize her services as a Lecturer/Assistant Professor in Economics in the Lal Bahdur Shastri Government Degree College, Halduchaur, Nainital District from the date of provincialization of the institute i.e. 06.11.2015; and a writ of mandamus directing the respondents to grant all consequential benefit, including salary, seniority and other benefits, from the date of provincialization of the institute i.e.06.11.2015.

(3.) Facts, to the limited extent necessary, are that, pursuant to an advertisement issued by the management of the respondent-college on 02.07.2006 inviting applications for appointment to the post of lecturer in economics, the petitioner submitted her application and was selected for appointment to the post of Lecturer, Economics on 02.08.2006. The approval committee of the Kumaon University accorded approval to her appointment on 07.01.2011. The respondent college was provincialzed by G.O. dated 06.11.2015, and was declared a Government Degree College. By order dated 20.06.2016 the State Government accorded sanction for absorption of teachers in the said college, and sought remarks, from the college management, in this regard. The Committee of Management informed the State Government that the petitioner did not fulfill the prescribed qualifications to be considered for appointment to the post of lecturer, since she had secured less than 50% marks in her graduation as against the prescribed minimum eligibility criteria of 50%.