SURESH KUMAR Vs. MAHARSHI DAYANAND UNIVERSITY AND OTHERS

JUDGEMENT

(1.) Appointment of respondent No. 3 as Reader in the discipline of Pharmacognosy in the department of Pharmaceutical Sciences of the respondent-Maharshi Dayanand University has been challenged in the present writ petition. Briefly stated the facts relevant for purpose of present writ petition are noticed hereinafter.

(2.) Respondent-Maharshi Dayanand University issued an advertisement No. 1 of 2008 in various newspapers and also through its website inviting applications for the post of Reader/Assistant Professor in the pay scale of Rs. 12000-420-18300. Three posts of Readers, one in each subject of (i) Pharmaceutical Chemistry, (ii) Pharmacology and (iii) Pharmacognosy in the Department of Pharmaceutical Sciences of the respondent-university were notified for selection/appointment. As per the advertisement, the minimum qualification prescribed for the posts were Ph.D degree with first class either at Bachelors or Masters Level in the appropriate branch of specialization in Pharmacy with two years experience in Teaching/Industry/Research at the level of Lecturer or equivalent; OR

(3.) Petitioner who was Ph.D in the subject of Pharmacognosy and was otherwise eligible fulfilling all necessary conditions applied for the post of Assistant Professor/Reader in the discipline of "Pharmacognosy" in response to the aforementioned advertisement. Since very few applications were received, another advertisement No. 3/2008 was issued for two posts of Reader in the subject of Pharmacognosy and Pharmacology for which same qualifications and experience were notified as in the earlier advertisement. The second advertisement further contains stipulation that those candidates who had previously applied against advertisement No. 1/2008 need not apply again. Respondent No. 3 also applied in response to the advertisement. After short- listing of the candidates, interviews were held. As many as six candidates were screened for interview. However, only three candidates i.e. petitioner, respondent No. 3 and one Vivek Kumar appeared for interview held on 4.11.2008 before the Selection Committee chaired b respondent No. 2.