MD AFZAL HUSSAIN Vs. HARI SINGH GOUR UNIVERSITY

JUDGEMENT

(1.) This order shall dispose of these three writ petitions directed against an order dated 13.02.2017 passed by the Registrar of the respondent/University on the basis of the decision of the Executive Council in its 17th meeting held on 10.02.2017.

(2.) The brief facts leading to the present writ petitions are that an advertisement was published on 30.10.2010 wherein, the applications were invited to fill up the various Faculty positions by way of a Rolling/Open Advertisement. There is a specific clause that the applications will be received by the University under rolling mechanism throughout the year notwithstanding the last date mentioned in the advertisement. After the said advertisement was published, the University published the details of vacant posts in different Schools/areas on 20.11.2010 (Annexure R-1). The last date for submission of the application was said to be 21.12010. In such advertisement, there is only one post of Associate Professor in the School of Languages (Urdu and Persian) whereas, there are no post of Professors and Assistant Professors but, the three petitioners were appointed in the subject of Urdu and Persian as Assistant Professors though no posts were advertised.

(3.) Learned counsel for the petitioners refers to Ordinance-11 of the University as approved by the Executive Council of the University and noted by the Government of India, Ministry of Human Resources Department, Department of Higher Education, New Delhi. The first clause is that the University will issue an All India advertisement for recruitment to the teaching posts in leading national dailies giving at least 45 days' time and that the University may make rolling advertisements whereby eligible candidates can submit their applications for different faculty positions throughout the year. The relevant clauses of Ordinance 11 read as under :-