ASHISH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner for quashing the impugned order dated 23.11.2006 passed by respondent No. 3 and for directing the respondents to accord approval and appoint the petitioner on the post of Lab. Assistant (Chemistry) forthwith with all consequential benefits.

(2.) THE background facts in a nutshell essentially are as follows : Raghu Nath Girls (PG.) College, Meerut (in short "institution") is affiliated to Chaudhary Charan Singh University, Meerut and is governed by Higher Education Services Commission Act, U. P. State Universities Act, 1973 and statutes made thereunder. THE aforesaid institution issued an advertisement inviting the applications for the post of Clerk, Bursar and Laboratory Assistant (Chemistry). THE essential qualification mentioned in the aforesaid advertisement for the post of Lab Assistant (Chemistry) was Intermediate with Chemistry and the candidates having experience in computer was to be given priority over other candidates. Petitioner possessed the qualification as mentioned in the aforesaid advertisement, hence he applied for the post of Lab. Assistant (Chemistry) and was called to face an interview. As per the advertisement the post of Lab. Assistant (Chemistry) was not reserved for women. Petitioner after fulfilling all the formalities appeared before the selection committee for interview on 7.5.2006 and was later on declared successful in the interview by the selection committee.

(3.) LEARNED counsel for the petitioner has submitted that the post of Lab. Assistant (Chemistry) is a Group-C post and was to be filled up according to the provisions laid down in U. P. Procedure for Direct Recruitment for Group-C post (outside the purview of U.P. Public Service Commission) Rules, 2002 read with Chapter XII of the 1st Statute of the University of Meerut, 1972. It was further submitted that as per the advertisement the post of Lab. Assistant (Chemistry) was not reserved for women and no Rules were framed to prohibit the appointment of male candidates on the post of Lab. Assistant (Chemistry) in the institution. It was further submitted that in pursuant to the advertisement the petitioner appeared before the selection committee for an interview and was declared successful in the aforesaid interview by the selection committee and was placed at serial No. 1 in the merit list but still respondent No. 6 who was below the petitioner in the merit list is being preferred on the post of Lab. Assistant (Chemistry).