ANUPAM VASHISTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Anupam Vashista, resident of House No. 503/7, Urban Estate, Gurgaon has filed the present writ petition under Articles 226/227 of the Constitution of India against Guru Jambheshwar University, respondent No. 1, its Vice -Chancellor, respondent No. 2, its Chancellor, respondent No, 3 and Sh. Dharamvir, IAS. currently working as Commissioner and Secretary, Govt. of Haryana, respondent No. 4, and it has been prayed by the petitioner that a writ in the nature of certiorari be issues quashing the order dated 10.12.1999 Annexure P15 vide which respondent No. 3 has withdrawn the appointment letter issued to the petitioner who was selected and appointed as Lecturer in the Department of Business Management in pursuance of the post advertised vide advertisement dated 27/28.4.1999, Annexure Pi, and consequently his selection and appointment has been annulled erroneously and against all the principles of natural justice. It has also been prayed that the report on the basis of which the appointment of the petitioner was annulled is wholly without jurisdiction and arbitrary. The petitioner has further made a prayer for the quashment of the decision dated 21.1.1999 taken by the Executive Council and also the alleged report of the Sub Committee while taking its decision dated 21.1.1999. It has been further prayed by the petitioner that directions be given to respondents No. 1 to 3 to permit the petitioner to join as Lecturer in the Department of Business Management in the respondent No. 1 University as a consequence of his section and appointment made vide letter dated 11.8.1998, Annexure P8.

(2.) THE case set -up by the petitioner is that respondent No. 1 was established by an Act of Haryana legislature to promote studies and research in the emerging areas of higher education with special focus on new frontiers of technology, pharmacy, environmental studies, non -conventional energy sources, management studies and other areas of science and technology. On 27/28.4.1998 the respondent -University advertised some posts of Lecturers, Professors, Readers etc. vide advertisement Annexure P1. These posts were duty sanctioned and created by the University in accordance with the provisions of 1995 Act with the approval /sanction of State Government. These were regular vacant posts available with the University. The advertisement simply sought applications without listing any specialisation. The qualifications prescribed for the post of Lecturer in the Department of Business Management was as under : -

(3.) THE notice of the writ petition was given to the respondents. A joint written statement was filed on behalf of respondents No. 1 and 2 and it was pleaded by these respondents that no fundamental or other vested legal right of the petitioner has been infringed in any manner. According to them, in the month of April, 1998, 66 leaching posts were advertised. The last date of receiving the applications was 8.6.1998. After receipt of the applications and scrutiny of the same, interviews were held for the appointments on 39 teaching posts from 1.8.1998 to 8.8.1998. On the basis of interviews, the Selection Committee recommended candidates including the petitioner for appointment on 21 teaching posts. The selections of the petitioner and other candidates as recommended by the Selection Committee were approved by the Executive Council in its meeting held on 11.8.1998 and the petitioner and others were issued appointment letters on the same day. The selection of the petitioner along with others and their subsequent appointments as teachers was dogged by various controversies listed below: -