LAWS(P&H)-2020-9-6

SANDEEP KUMAR CHAUBEY Vs. SANT LONGOWAL INSTITUTE OF ENGINEERING AND TECHNOLOGY (DEEMED UNIVERSITY) LONGOWAL

Decided On September 01, 2020
Sandeep Kumar Chaubey Appellant
V/S
Sant Longowal Institute Of Engineering And Technology (Deemed University) Longowal Respondents

JUDGEMENT

(1.) The petitioners have filed the present writ petition under Article 226 of the Constitution of India for issuance of a writ in the nature of Mandamus, directing the respondents to consider the claim of the petitioners for selection and appointment as Assistant Professor (Mechanical Engineering) for which recruitment is being held by the respondents.

(2.) Some facts are required to be noticed. The petitioners herein (four in number) claim that they applied for the posts of Assistant Professor in Mechanical Engineering pursuant to the advertisement dated 11.6.2017. Thereafter, the number of posts advertised were revised vide corrigendum dated 23.6.19. On 20.7.2019, the respondent Institute issued another recruitment notice advertising 28 posts of Assistant Professors (for Mechanical Engineering Branch 7 posts). The petitioners did not apply pursuant to the advertisement published in year 2019. Through the present writ petition, the petitioners claim that they have the right to be considered as the subsequent advertisement/recruitment notice did not specify that the candidates who have already applied shall be required to apply afresh. They also claim that no intimation has been sent to them for submitting the application afresh.

(3.) Pursuant to the notice, a detailed written statement has been filed wherein it has been pointed out that previous recruitment notice published in the year 2017 was scrapped due to various reasons. It has further been pointed out that petitioner No.3 is working on contract basis with the respondent-institute and out of 24 Assistant Professors working on contract basis, 16 did apply afresh pursuant to the recruitment notice issued in the year 2019. It has further been pointed out that petitioner no.4 had also worked with the respondent- institute on contract basis for a period of 4 years. It has further been pointed that in the recruitment notice dated 20.7.2019, the candidates were given 40 days time to apply, however, the petitioners neither sought clarification during this time nor submitted their applications. Hence, the prayer has been made for dismissal of the writ petition.