GEETIKA MEHROTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of this writ petition, petitioners have sought the following reliefs:-

(2.) Dayanand Shikshan Sansthan (respondent no. 6) vide notification dtd. 19/7/2006, invited applications for appointment on the post of lecturer in various subjects. Petitioners applied for the post of lecturer (B.Ed.) in response to the said advertisement, but they were not selected and respondent nos. 11 and 12 were selected and appointed. Petitioners have challenged the order of appointment dtd. 9/6/2012 issued in favour of respondent nos. 11 and 12 on the following grounds:-

(3.) Dr. Arti Dixit, Principal, DWT College, Derhadun has filed counter affidavit on behalf of respondent nos. 6 and 7 stating that the vacancies in question were advertised before 11/7/2009, when UGC (Minimum Qualification required for the Appointment and Career Advancement of Teachers in Universities and Institutes Affiliated to it) (3rd Amendment) Regulations, 2009 were notified; there were two unreserved post of lecturer (B.Ed.) against which respondent nos. 11 and 12 were selected and recommended by the Selection Committee, while name of petitioner no. 1 was placed in the waiting list at serial number 1; the condition of passing National Eligibility Test is relaxed in favour of Ph.D. degree holders by U.G.C. Regulations, thus the claim for preferential treatment made by petitioners based on passing National Eligibility Test is erroneous; the UGC (Minimum Qualification required for the Appointment and Career Advancement of Teachers in Universities and Institutes Affiliated to it) (3rd Amendment) Regulations, 2009, notified on 11/7/2009 was not adopted by the State Government till conclusion of selection process.