RAJIV KUMAR Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dtd. 27/1/2021 passed by the learned Single Judge, whereby writ petition preferred by the appellant, challenging the corrigendum dtd. 5/8/2020 (Annexure P-11) issued by the Registrar and Returning Officer, Panjab University, Chandigarh (respondent No.2), whereby the name of the appellant stands excluded from the list of voters relating to the election of Eight Ordinary Fellows of the University to be elected by the Heads of affiliated Arts College from amongst the Principals and the subsequent decision in the minutes of meeting dtd. 13/8/2020 (Annexure P-13) of the Committee constituted by the Syndicate of the University rejecting the appeals/claims of the appellant against the said order of the Registrar and Returning Officer, stands dismissed.

(2.) It is the contention of learned counsel for the appellant that the name of the appellant was included in the list of voters in the category of Principals of the affiliated Arts Colleges for electing ordinary fellows of the Senate of the Panjab University in the Final Register of Electors at Sr. No.39 on 3/8/2020 (Annexure P-9) in place of the earlier Principal of the College namely Gurdeep Kumar Sharma of Goswami Ganesh Dutt Sanatan Dharam College (GGDSD), Hariana, District Hoshiarpur, who retired as Principal on 30/6/2020 and, therefore, could not cast his vote, so, the name of the appellant was rightly included by the competent authority. The deletion/omission of the name of the appellant vide the impugned corrigendum dtd. 5/8/2020 (Annexure P-11) is unsustainable.

(3.) On the other hand, learned counsel for the respondent- University has referred to the pleadings in CM No.l056-LPA of 2021 in the present LPA, where in para 7 of the said application, the appellant has put forth his assertion with regard to the discrimination being meted out to the appellant vis-a-vis the two other Heads of the Institutions. Referring to the reply, which has been filed by the respondent-University to the said paragraph, it has been submitted that Mrs. Rupinder Kaur was appointed as Principal of Guru Nanak College, Abohar on 5/6/2020, who joined her duties on 6/6/2020 and her appointment was approved by the University on 6/7/2020. As regards Dr. Vandana Lunyal, it has been mentioned that she was appointed as Director of Regional Institute of English, Sector-32, Chandigarh on 9/3/2017 and joined her duties on 9/3/2017. Her appointment was approved by the University vide order dtd. 3/8/2020. He asserts that these two persons were appointed much prior to the last date for inclusion of the teachers on the rolls of affiliated colleges i.e. 7/7/2020 and for which the claims were to be submitted on or before that date. Since the appellant was not working as the Principal of the College but was working as Assistant Professor of the College, his name was included in the list at category of Assistant Professor at Sr. No.1164 of the Voters' list. At the relevant time, Shri Gurdeep Kumar Sharma was working as the Principal of the College, whose name appeared at Sr. No.39 of the voters' list of Principals. Appellant was appointed on 31/7/2020 as Principal of the College and his appointment was approved by the University on 3/8/2020, so on the last date when the claims could be made for inclusion of the names in the voters' list i.e. 7/7/2020, appellant was neither appointed nor working as the Principal of the College and, therefore, his name could not be included in the list of Heads of Institutions.